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THE  UNIVERSITY 
OF  ILLINOIS 


Return  this  book  on  or  before  the 
Latest  Date  stamped  below. 

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result  in  dismissal  from  the  University. 
University  of  Illinois  Library 


JAN-8 

MAY  2  7 


1971 


008 


L161— O-1096 


THE 


RAILROAD  LAWS  AND  CHARTERS 


OF 


THE  UNITED  STATES. 


THE 


RAILROAD    LAWS    AND    CHARTERS 


OF 


THE    UNITED    STATES 


NOW   FOK   THE   FIRST   TIME 


COLLATED,  ARRANGED  IN   CHRONOLOGICAL  ORDER, 


AND   PUBLISHED   WITH   A 


SYNOPSIS    AND    EXPLANATORY    REMARKS. 


BY 


W.  p.  GREGG  AXD  BENJAMIN  POND, 


OF    THE     BOSTON     BAK. 


VOLURIE  I. 


CONTAINING     THE    RAILEOAD    LAWS    AND     CHARTERS    OF     MAINE, 
NEW   HAMPSHIRE,   AND   VERMONT. 


NEAV    YORK: 
JACOB   R.    HALSTED, 

LAW  BOOKSELLER,   CORNER  OF  WALL  AND  BKOAD   STREETS. 

1851. 


Entered  according  to  Act  of  Congress,  in  the  year  1S51,  by  VV.  P.  Gregg  and  Benjamin 
PoiND,  in  the  Clerk's  Office  of  the  District  Court  of  the  District  of  Massachusetts. 


CAMBEIDGE : 
FEINTED  BV  BOLLES  AND  HOUGHTON. 


G{  fG  n/ 


INSCRIPTION. 


THE 


VARIOUS  Am)  IMPORTANT  SERVICES, 


RENDERED  TO  THE 


GREAT   CAUSE    OF    INTERNAL  BIPROVEMENTS 


IN 


NEW  ENGLAND  AND  OTHER  PARTS  OF  THE  UNITED  STATES, 


BY    THE    HONORABLE 


JOSIAH   QUINCY,  Jr. 


MAKE  IT  A  PLEASURE,  IF  NOT  A  DUTY, 


FOR 


THE  COMPILERS  AND  THE  PUBLISHERS 


TO    INSCRIBE    THIS    VOLUME    TO 


THAT    DISTINGUISHED     CITIZEN 


OF     MASSACHUSETTS. 


a 


* 


743615 


GENERAL  NOTICE  TO  THE  READER. 


One  of  the  largest  interests  in  the  United  States  is  that  of  Rail- 
ids.  This  interest  is  augmenting  every  day.  It  must  continue 
increase  with  the  population,  enterprise,  business  and  wealth  of 
3  country. 

The  Legal  Enactnients  upon  the  subject  of  Railroads,  the  growth 
more  than  quarter  of  a  century,  have  now  become  very  nume- 
is.  They  are  scattered  among  the  various  other,  and  still  more 
merous  Acts  and  Resolves  of  the  Legislatures  for  the  same 
I'iod  ;  and,  it  being  inconvenient,  if  not  difficult,  to  search  after 
d  examine  the  former,  and  to  compare  their  different  sections 
d  provisions  while  thus  apart  from  each  other,  and  disseminated 
long  the  many  volumes  ot  the  latter,  the  task  was  undertaken 
collecting  all  the  Railroad  Laws  and  Charters  of  the  United 
ites,  arranging  those  of  each  State  and  of  each  Company,  by 
jmselves,  in  chronological  order,  —  as  they  were  enacted  —  and 
blishing  the  whole  with  a  Synopsis  and  Explanatory  Remarks, 
one  body. 

But  in  the  course  of  the  prosecution  of  this  task,  it  was  ascer- 
ned  to  be  impracticable  to  compress  all  these  Statutes  within 
;  compass  of  a  single  volume;  what  is  first  submitted,  therefore, 
but  a  portion  of  the  whole  work,  and  is  confined  exclusively  to 
!  Railroad  Laws  and  Charters  of  New  England ;  to  the  Special 
i  General  Enactments  of  Maine,  New  Hampshire,  Vermont, 
issachusetts,  Rhode  Island,  and  Connecticut,  concerning  Rail- 
ids  and  Railroad  Companies,  in  the  order  here  mentioned. 
Those  of  the  other  States  will  be  embraced  in  volumes  to  be 
Wished  as  soon  as  the  convenience  of  the  Compilers  and  a  proper 
3CUtion  of  the  work  will  permit ;  while  such  new  Railroad  Laws 


Vm  GENERAL  NOTICE  TO  THE  READER. 

and  Charters,  as  have  been  passed  since  the  manuscript  for  the 
ensuing  pages  was  sent  to  the  compositors,  or  as  may  be  passed  at 
a  future  day,  the  Compilers  propose  to  present  in  the  form  of  a 
supplement,  at  such  future  time  as  circumstances  shall  require. 

The  General  Laws  concerning  Railroads  and  Railroad  Com- 
panies in  each  State,  included  in  these  volumes,  will  be  found 
under  the  head  of  such  State,  and  in  the  order  of  time  in  which 
they  were  passed ;  excepting  one  or  two  of  such  Laws,  which  have 
been  inserted  in  connection  with  one  or  two  Charters,  to  which 
they  particularly  relate. 

Each  Railroad  Charter  in  each  State,  is  also  inserted,  as  already 
intimated,  under  the  head  of  such  State,  according  to  the  order  of 
time,  so  far  as  it  was  proper  to  do  so,  in  which  it  was  granted. 

Under  each  of  such  Charters,  are  likewise  set  forth  all  the 
Special  Laws  subsequently  enacted,  concerning  that  particular 
Charter,  or  the  Company  authorized  to  be  established  by  it ;  and 
to  the  General  Laws,  and  to  each  Charter,  and  the  Special  Laws, 
appertaining  to  it,  are  prefixed  a  Synopsis  and  Remarks,  with 
occasional  References,  indicative  or  explanatory  of  the  principal 
features  contained  in  them,  or  to  which  they  refer. 

Perhaps  it  is  not  too  much  to  declare,  that  there  is  no  one  pub- 
lication which  presents  the  Railroad  System  of  our  land,  in  so 
striking  a  point  of  view,  as  these  volumes  of  Railway  Legislation  ; 
or  atfords  a  better  opportunity  to  judge  of  the  relative  advancement 
of  each  State  in  Internal  Improvements. 

The  labor  of  preparing  these  volumes  for  the  press  has  been  an 
arduous  one.  The  Compilers  have  endeavored  to  execute  this 
labor,  with  a  scrupulous  regard  to  accuracy  and  completeness ; 
and  although  they  do  not  claim  to  be  privileged  from  error,  in 
what  they  have  performed,  yet  this  New  Work  —  the  first  Rail- 
way Code  ever  made  in  this,  and  as  is  believed,  in  any  other 
country — together  with  the  Synopsis,  Explanatory  Remarks, 
References,  and  Indexes  will,  it  is  hoped,  prove  of  service  to  the 
Courts,  the  Profession,  the  Officers  and  Members  of  Railroad 
Corporations,  the  Governments  of  the  several  States,  and  of  the 
United  States,  and  the  Public  at  large. 

Boston,  January,  1851. 


ADDITIO^^AL    REMARKS. 


The  undeniable  importance,  not  to  say  necessity  of  Railroads  in 
arious  sections  of  the  country ;  the  improvements  almost  daily 
eveloped  in  the  mode  of  conducting  them,  and  the  certain,  if  not 
apidly  increasing  profits  of  such  works  in  general,  conspire  with 
ther  circumstances,  to  cause  a  constant  demand  for  Railway 
tocks,  among  nearly  all  classes  of  people.  The  shares,  indeed, 
ave  come  to  be  sought  after  as  a  species  of  public  security,  by 
lose  who  wish  to  obtain  a  regular  semi-annual  return  for  their 
loney ;  or  to  make  what  are  commonly  called  safe  and  permanent 
ivestments.  And  consequently,  aside  from  the  members  of  the 
iCgal  Profession,  or  the  members  of  the  Legislatures,  there  is 
mong  capitalists,  Merchants,  and  Manufacturers,  men  of  enter- 
rise.  Trustees,  and  others,  a  greater  or  less  desire  to  possess  a 
eneral,  if  not  a  particular  knowledge  of  the  Charters  and  Laws 
nder  which  the  principal  Railroad  Corporations  have  been  esta- 
lished  and  are  maintained.  To  all  such,  therefore,  as  well  as  to 
le  professional  reader,  it  may  be  remarked,  that  in  several  cases, 
lere  are  two  Charters  of  the  same  name ;  the  last  granted  as  a 
Libstitute  for  the  first;  while  in  one  State  there  will  not  unfre- 
uently  be  found,  a  Corporation  possessing  the  same  name,  or  one 
imilar  to  that,  of  another  Company,  in  another  State.  So  it  will 
e  observed,  that  the  names  of  some  Companies  have  been  repeat- 
dly  changed. 

In  sundry  Charters  likewise,  and  Acts  concerning  them  in  cer- 
ain  States,  there  are  provisions  referring  to  certain  Companies  not 
icorporated  under  said  Charters,  and  to  other  Laws  in  those 
5tates :  and  in  the  same  Charters  and  Acts,  references  are  also 
lad  to  other  Companies  incorporated  in  other  States ;  and  to  sun- 
Iry  Charters  and  Acts  of  other  States. 


X  ADDITIONAL   REMARKS. 

Ill  order,  therefore,  to  obtain  full  information  concerning  the 
privileges,  liabilities,  &c.  of  any  particular  Company,  incorporated 
in  more  than  one  State,  or  acting  under  Charters  and  Laws  of 
more  than  one  State,  it  will  be  necessary  to  consult  not  only  the 
Charter  first  granted,  to  such  Company,  and  the  Acts  in  relation 
thereto,  but  the  Charter  and  Acts  concerning  any  Company  with 
which  it  is  united ;  and  the  General  Laws  of  the  States  in  which 
said  Company  is  established  or  transacts  business. 

A  few,  it  may  be  added,  of  the  early  Charters,  granted  in  each 
of  the  States,  have  never  been  carried  into  effect.  Others  have 
been  repealed.  So  it  may  be  said  of  sundry  of  the  Laws.  But 
those  extinct,  as  well  as  the  others,  together  with  various  Resolu- 
tions, passed  from  time  to  time,  have  been  printed  in  their  proper 
places,  in  order  that  the  public  may  have  in  one  connected  series, 
the  mass  of  Legislation  upon  the  subject. 

In  conclusion,  it  should  be  borne  in  mind,  that  under  the  title  of 
each  company,  will  be  seen  the  Charter  of  that  Company,  and  the 
subsequent  grants  made  to  it,  and  the  several  Laws  touching  that 
Company ;  excepting  the  General  Laws,  and  in  some  particular 
instances,  such  Special  Laws  as  relate  more  immediately  to  some 
other  Company ;  said  General  Laws  being  inserted  after  the  last 
of  the  other  enactments  of  each  State,  with  one  or  two  slight  but 
necessary  variations,  as  previously  suggested. 


NOTICE. 


The  first  of  these  volumes  contains  th.e  Eailroad  Laws  and  Charters  of  Maine,  New 

impshirc,  and  Vermont.    The  second  those  of  Massachusetts,  Rhode  Island,  and 

innecticut. 

Lose  of  Maine  include  the  enactments  from  ....        1831  to  1850 


New  Hampshire 
Vermont 
Massachusetts 
Rhode  Island 
Connecticut     . 


1835  to  1850 

1831  to  1850 
1S09  to  1851 
1828  to  1851 

1832  to  1851 


ing  all  such  Charters  and  Laws  as  had  been  granted  or  passed,  up  to  the  time 
b.en  the  manuscript  for  each  State  was  prepared  for  the  press. 


CONTENTS 


or    THE 


RAILROAD    CHARTERS    OF    MAINE. 


' 

PAGES 

Androscoggin  Railroad  Company          .         .         .         . 

.     268  -  276 

Synopsis        ..... 

.     267  -  268 

Androscoggin  and  Kennebec  Railroad  . 

.     186  -  193 

Synopsis 

.     184-185 

Atlantic  and  Saint  Lawrence  Railroad  Company  . 

.     169  -  184 

Synopsis         .        •. 

.     167  -  169 

Bangor  and  Oldtown  Railway  Company 

11-15 

Synopsis         ..... 

10-11 

Bangor  and  Piscataquis  Canal  and  Railroad  Company 

17  -  25 

Synopsis 

16-17 

Bangor  and  Orono  Railroad          .... 

.     248  -  256 

Synopsis        ...... 

.     246  -  248 

Baring  and  Bog  Brook  Railway  Company     .         .     ISi 

5-136,245-246 

Synopsis 

.       135, 245 

Bath  and  Portland  Railroad  Company  . 

.     159-167 

Synopsis        ..... 

.     158  -  159 

Belfast  and  Quebec  Railroad  Corporation 

47  -  56 

Synopsis         ..... 

46  -  47 

Belfast  and  Waterville  Railroad  Company     . 

.     258  -  266 

Synopsis        ..... 

.     257  -  258 

Brunswick  Railroad  Company      .... 

36  -  38 

Synopsis         ..... 

35  -  36 

Buckfield  Branch  Railroad  Company    . 

.     227  -  234 

Synopsis        ..... 

.     226  -  227 

Calais  Railway  Company     ..... 

4-10 

Synopsis 

3-4 

Calais  and  Baring  Railway  Company   . 

.     132  -  135 

Synopsis        ..... 
b 

.     131  -  132 

XIV 


CONTENTS. 


Franklin  and  Kennebec  Railroad  Company  . 

Synopsis         ...... 

Frankfort,  Bangor,  and  Belfast  Railroad  Corporation 

Synopsis         ...... 

Great  Falls  and  South  Berwick  Branch  Railroad  Company 

Synopsis        ...... 

Hallowell  Granite  Railroad  Company    .... 

Synopsis         ...... 

Hancock  and  Penobscot  Railroad  Company  . 

Synopsis         ...... 

Hampden  and  Carmel  Canal  and  Railroad  Company 

Synopsis        ...... 

Jonesborough  and  Whitneyville  Railroad  Company 

Synopsis         ...... 

Kennebunk  Port  Granite  and  Railroad  Company    . 

Synopsis         ...... 

Kennebec  and  Portland  Railroad  Company 

Synopsis        ...... 

Kirkland  Canal  and  Railroad  Company 

Synopsis         ...... 

Lewiston  and  Topsham  Railroad  Company   . 

Synopsis        ...... 

Maine,  New  Hampshire,  and  Massachusetts  Railroad  Corpora 

tion        ....... 

Synopsis         ...... 

Mattanawcook  Railroad  Corporation      .... 

Synopsis        ...... 

Moose  Head  Lake  Railway  Company  .... 

Synopsis        ...... 

Orrington  Canal  and  Railway  Company 

Synopsis         ...... 

Pacific  Railroad  ........ 

Palmer  and  Machias  Port  Railroad  Corporation 

Synopsis        ...... 

Penobscot  and  Kennebec  Railroad  Company 

Synopsis         ...... 

Penobscot  River  Railroad  Corporation  .... 

Synopsis         ...... 

Portland  and  Cape  Elizabeth  Coal  and  Railroad  Company 

Synopsis         ...... 

Portland  Mining  and  Railway  Company 

Synopsis        ...... 


PAGES 

237  -  245 
235  -  237 

79-85 

78-79 

138-147 

136-138 

109-  112 

109 

41-44 

40-41 

76-78 

75 

66-70 

65-66 

45 

45 

114-122 

112-114 

94-96 

93-94 

278  -  285 

276  -  277 

98-109 

96-98 

87-93 

86-87 

234-235 

234 

30-33 

30 

256  -  257 

155-157 

155 

196-212 

194-196 

58-65 

56-58 

26-28 

25-26 

28-30 

28 


MAINE. 


XV 


PAGES 

Portland  and  Oxford  Railroad  Company        ....  148-155 

Synopsis 147  -  148 

Portland,  Saco,  and  Portsmouth  Railroad  Company        .         .  123  -  131 

Synopsis 122-123 

Readfield  Winthrop  and  Cobbossee  Contee  Canal  and  Railroad 

Company  .          .         .         .          .          .         .  71-75 

Synopsis         .......  71 

Somerset  and  Kennebec  Railroad  Company  ....  286  -  293 

Synopsis -285-286 

South  Thomaston  Railroad  Company    .....  266  -  267 

Synopsis        .......  266 

Union  River  Canal  and  Railway  Company    .         .         .         .  33-35 

Synopsis         .......  33 

Union  River  Railroad  Company   ......  213-215 

Synopsis        .......  213 

Waterville  and  Fairfield  Railway  Company            .         .         .  38-40 

Synopsis        .......  38 

York  and  Cumberland  Railroad  Company     ....  217-225 

Synopsis 215-217 

General  Railroad  Laws  of  Maine        ....     298  -  318 

Synopsis  of  these  Laws  .....     294  -  298 

For  the  titles  of  these  General  Laws,  the  reader  wiU  see  the  index  at  the  end  of 
this  volume. 


CONTEXTS 


OF   THE 


RAILROAD    CHARTERS    OF    KEW    HA:MPSE[IRE. 


Atlantic  and  Saint  Lawrence  Railroad  Company 

Synopsis 
Ashuelot  Railroad  Company 

Synopsis 
Boston  and  Maine  Railroad  . 

Synopsis 
Boston,  Concord,  and  Montreal  Railroad 

Synopsis 
Cheshire  Railroad  Company 

Synopsis 
Colebrook  Railroad  Company 

Synopsis 
Concord  Railroad  Corporation 

Synopsis 
Concord  and  Claremont  Railroad  . 

Synopsis 
Concord  Granite  and  Railway  Company 

Synopsis 
Cocheco  Railroad  Company 

Synopsis 
Connecticut  River  and  Montreal  Railroad  Company 

Synopsis 
Connecticut  River  Railroad  . 

Synopsis 
Conway  and  Meredith  Railroad  Company 

Synopsis 
Contoocook  \ alley  Railroad 

Synopsis 
Dover  and  Winnipiseogee  Railroad 

Synopsis 


PAGES 

.     531  -  534 

531 
.  444  -  455 
.  442-444 
.  341  -  350 
.  339  -  341 
.  42S  -  434 
.  427  -  428 
.  436  -  442 
.  434  -  436 
.  422  -  427 
.  421  -  422 
.  323-331 
.  321-322 
.     535-539 

534 
.     372  -  374 

372 
.  510-514 
.  509-510 
.  568  -  573 
.  567  -  568 
.  546-551 
545  -  546 
.  527  -  530 

527 
.  540  -  544 
.  539  -  540 
.  375  -  382 
.  374  -  375 


NEW   HAMPSHIRE. 


XVU 


East  Wilton  and  Groton  Railroad  Company  . 

Synopsis  .... 
Eastern  Railroad  in  New  Hampshire    . 

Synopsis  .... 
Essex  Extension  Railroad  Company 

Synopsis  .... 
Fitchburg,  Keene,  and  Connecticut  River  Railroa 

Synopsis  .... 
Franklin  and  Bristol  Railroad 

Synopsis  .... 
Goffstown  and  Manchester  Railroad  Company 

Synopsis  .... 
Grafton  Railroad  ..... 

Synopsis  .... 
Great  Falls  and  Conway  Railroad 

Synopsis  .... 
Great  Falls  and  South  Berwick  Branch  Railroad 

Synopsis  .... 
Groton  and  Nashua  Railroad 

Synopsis  .... 
Keene  Railroad  Company    .... 

Synopsis  .... 
Manchester  and  Candia  Railroad  . 

Synopsis  .... 
Manchester  and  Lawrence  Railroad 

Synopsis  .... 
Monadnock  Railroad  Company     . 

Synopsis  .... 
Nashua  and  Epping  Railroad  Company 

Synopsis  .... 
Nashua  and  Lowell  Railroad  Corporation 

Synopsis  .... 
New  Hampshire  Central  Railroad 

Synopsis  .... 
Northern  Railroad  Company 

Synopsis  .... 
Peterborough  and  Shirley  Railroad  Company 

Synopsis  .... 
Piscataquog  River  Railroad 

Synopsis  .... 
Portland  and  Connecticut  River  Railroad  Company 

Synopsis        .         .  .         .  . 


Company 


PAGES 

478  -  483 
477  -  478 
361-371 
359-361 
564  -  567 

563 
401-406 
400  -  401 
496-501 
495-496 
515-519 
514-515 
521-526 
519-520 
408-415 
406  -  408 

388 

388 
417-421 
416-417 
332  -  339 
331-332 
593  -  598 
592  -  593 
505  -  509 
504  -  505 
584  -  588 
583  -  584 
573  -  577 

573 
352  -  359 
350-351 
552  -  558 
551-552 
391-400 
389  -  390 
487  -  488 
486  -  487 
559  -  563 
558  -  559 
383  -  387 
382  -  383 


xvm 


CONTENTS. 


Portsmouth  and  Dover  Railroad   .... 

Synopsis  ..... 
Portsmouth,  New  Market,  and  Concord  Railroad  Corporation 

Synopsis  ..... 
Portsmouth,  New  Market,  and  Exeter  Railroad  Compai 

Synopsis  ..... 
Salisbury  and  East  Kingston  Railroad  Company    . 

Synopsis  ..... 
Salisbury  and  East  Kingston  Extension  Railroad   . 

Synopsis  ..... 
Suncook  Valley  Railroad     ..... 

Synopsis  ..... 
Suncook  Valley  Extension  Railroad 

Synopsis  ..... 
Souhegan  Railroad  Company        .... 

Synopsis  ..... 
Sullivan  Railroad  Company  .... 

Synopsis  ..... 
Wilton  Railroad  Company  ..... 

Synopsis  ..... 
White  Mountains  Railroad    ..... 

Synopsis         ..... 

General  Laws  of  New  Hampshire  respecting  Railroad  Corpo- 
rations       ....... 

Synopsis        ....... 


PAGES 

609-616 
608  -  609 
463  -  470 
461-463 
472  -  477 
470-471 
502  -  504 
501-502 
604  -  607 

603 
589  -  592 

588 
599  -  603 
598  -  599 
484  -  486 
483  -  484 
490  -  495 
489  -  490 
457-461 

456 
578  -  583 

578 

625  -  662 
617-625 


For  the  titles  of  these  General  Laws,  the  reader  -vvill  see  the  index  at  the  end  of 
this  volume. 


CONTENTS 


OF   THE 


KAILEOAD    CHARTERS    OF    VERMONT. 


Atlantic  and  Saint  Lawrence  Railroad  Company    . 

Synopsis         ..... 
Ascutney  Railroad  Company        .... 

Synopsis         ..... 
Bennington  and  Brattleboro'  Railroad  . 

Synopsis         ..... 
Bennington  and  Brattleboro'  Railroad  Company 

Synopsis         ..... 
Brattleboro'  and  Fitchburg  Railroad  Company 

Synopsis         ..... 
Black  River  Railroad  Company    .... 

Synopsis         ..... 
Champlain  and  Connecticut  River  Railroad  Company 

Synopsis         ..... 
Connecticut  and  Passumpsic  Rivers  Railroad  Company 

Synopsis        ..... 
Danville  and  Passumpsic  Railroad  Company 

Synopsis         ..... 
Lake  Champlain  and  Otter  Creek  Railroad  Company 

Synopsis         ..... 
Lake  Michigan  and  Pacific  Ocean  Railroad  . 

Resolutions    ..... 
Montpelier  and  Connecticut  River  Railroad  Company 

Synopsis        ..... 
Norwich  and  Hartford  Forwarding  Railroad  Company 

Synopsis         ..... 
Rutland  and  Connecticut  River  Railroad  Company 

Synopsis         ..... 
Rutland  and  "Whitehall  Company 

Synopsis        ..... 


PAGES 

889  -  892 
888  -  889 
902  -  909 
901-902 
686  -  692 
685  -  686 
723  -  734 
722  -  723 
800  -  807 
798  -  800 
837  -  843 
836 
787  -  798 
784  -  786 
755  -  769 
753  -  755 
874  -  879 
873  -  874 
778  -  784 
777  -  778 
829 
829 
894-901 
892  -  893 
770-777 
769  -  770 
735  -  744 
734  _  735 
668  -  685 
665  -  668 


XX 


CONTENTS. 


PAGES 

Rutland  and  Washington  Railroad  Company  .         .         .  845  -  853 

Synopsis        .......  844  -  845 

Southern  Vermont  Railroad  Company  .....  864  -  873 

Synopsis 862-864 

Union  Railroad  Company     .......  855  -  862 

Synopsis         .......  854 

Vergennes  and  Bristol  Railroad  Company     ....  745  -  753 

Synopsis 744-745 

Vermont  and  Canada  Railroad  Company       ....  S09-817 

Synopsis        .......  808 

Vermont  Central  Railroad  Company     .....  705-721 

Synopsis        .......  703  -  705 

Vermont  Railroad  Company  ......  693  -  702 

Synopsis        .......  692  -  693 

Vermont  Valley  Railroad  Company      .         .         .         .         .  881  -  888 

Synopsis        .         .         .         .         '         .         .879-880 

Western  Vermont  Railroad  Company  .....  818-829 

Synopsis 817-818 

Woodstock  Railroad  Company 830  -  836 

Synopsis 829-830 

General  Laws  of  Vermont  respecting  Railroad  Corporations  .  914-  937 

Synopsis  of  these  Laws  ....  909  -  913 

For  the  titles  of  these  General  Laws,  the  reader  will  see  the  index  at  the  end  of 
this  volume. 


RAILROAD 


LAWS  MD  CHARTERS  OP  MAINE, 


ARRANGED  IN  CHRONOLOGICAL  ORDER, 


■WITH    A 


SYNOPSIS  AND  EXPLANATORY  REMARKS. 


RAILROAD 


LAWS  AND  CHARTEES  OP  MAmE. 


CALAIS  RAILWAY   COMPANY. 
INCORPORATED    IN   MAINE    IN    1832. 

Chapter  238  of  the  Special  Laws  of  1832  contains  this  Charter,  the  first  granted  in  tJte 

State  of  Maine, 

Sect.  1  grants  corporate  powers  for  the  term  of  tliirty  years,  authorizing  them  to  make 

by-laws  not  repugnant  to  the  laws  of  the  State. 
Sect.  2  provides  that  the  capital  stock  shall  be  divided  into  shares  of  $100  each, 

entitling  the  holder  to  a  vote  for  each  share,  not  exceeding  ten  votes. 
Sect.  3  appoints  the  time  for  choosing  officers. 
Sect.  4  authorizes  the  Company  to  hold  real  or  personal  estate,  not  exceeding  the 

amount  of  $50,000. 
Sect.  5  grants  a  toll  for  the  transportation  of  articles,  and  fixes  the  rates  of  toll ; 

provided,  that  the  Legislature  may  regulate  them  at  the  expiration  of  ten  years. 
Sect.  6  requires  the  Company,  after  they  commence  receiving  toUs,  to  keep  their 

road  in  good  repair  and  provide  suitable  carriages,  and  transport  articles. 
Sect.  7  provides  that  this  railroad  shall  not  obstruct  any  public  road,  or  prevent 

the  laying  out  of  any  private  way  or  highway. 
Sect.  8  establishes  the  manner  of  organization. 
Sect.  9  requires  that  the  road  be  completed  within  three  years  herefrom,  or  this  Act 

shall  be  void. 
Sect.  10  provides  that  the  Legislature  shall  not  annul  this  Act. 

Chapter  550  of  the  Special  Laws  of  1835  contains  an  additional  Act. 

Sect.  1  extends  the  time  for  completing  the  road  to  three  years  after  the  time  named 

in  the  Charter. 
Sect.  2  names  other  persons  to  become  members  of  the  Corporation. 
Sect.  3  makes  said  extension  of  time  conditional  on  the  repeal  of  Sections  5  and  10 

of  the  original  Act. 
Sect.  4  establishes  the  manner  of  calling  the  first  meeting. 


4  CALAIS  RAILWAY   COMPANY. 


Chapter  373  of  the  Special  Laws  of  1837  coiitains  an  Act  hi  addition  to  the  foregoing. 

Sect.  1  authorizes  the  Company  to  build  a  railway  from  Salt  Water  VUlage,  to  Mill- 
town  Village  in  Calais,  subject  to  the  provisions  of  "An  Act  concerning  Corpora- 
tions "  passed  February  16,  1836,  and  "  An  Act  defining  certain  rights  and  duties 
of  EaUroad  Corporations"  passed  March  1,  1836,  provided  it  be  so  constructed  as 
not  to  impede  the  navigation  of  the  adjacent  river. 

Sect.  2  grants  a  toll,  to  be  established,  as  well  as  other  matters  relating  to  the  man- 
agement of  the  road,  by  the  directors  ;  provided,  at  the  end  of  ten  years  from  its 
completion,  the  Legislature  may  reduce  the  rates  of  toll,  so  that  the  net  income  of 
the  road  shall  not  exceed  12  per  cent,  on  its  cost :  the  books  of  the  Company  shall 
be  open  to  the  inspection  of  the  Governor  and  Council,  and  of  any  Committee  of 
the  Legislature. 

Sect.  3  authorizes  the  directors  to  erect  toll-houses  and  demand  tolls. 

Sect.  4  provides  that  any  person  veilfully  injuring  or  obstructing  the  road  or 
destroying  the  Company's  property  shall  forfeit  to  the  Company  treble  the  dama- 
ges, to  be  recovered  by  action,  and  shall  be  liable  to  indictment,  and  fine  or 
imprisonment. 

Sect.  5  enacts  that,  if  said  road  be  not  completed  within  four  years  herefrom,  this 
Act  shall  be  void. 

Sect.  6  requires  that  the  Company  shall,  after  commencing  to  receive  tolls,  keep  said 
road  in  good  repair,  provide  suitable  vehicles,  and  transport  all  passengers  and 
articles. 

Chapter  409  of  the  Special  Laws  of  1838  contains  an  Act  in  addition  to  the  Act  of  Incor- 
poration. 

Sect.  1  allows  for  the  completion  of  the  road,  two  years  beyond  the  time  named  in 

the  Act  of  March  10,  1835. 
Sect.  2  changes  the  name  of  said  Company  to  that  of  "  Calais  Railroad  Company." 

Chapter  238  of  tJie  Special  Laics  of  1849  contains  an  additional  Act. 

Sect.  1  changes  the  name  to  the  "  Calais  and  Baring  RaUroad  Company." 

Sect.  2  authorizes  the  Company  to  hold  real  and  personal  estate,  to  the  amount  of 
$200,000,  and  each  shareholder  to  have  one  vote  for  each  share. 

Sect.  3  authorizes  the  Company  to  extend  their  road  as  therein  directed. 

Sect.  4  provides  that  they  may  collect  tolls,  in  advance  or  otherwise,  having  a  lien 
on  all  property  transported,  which  they  may  sell,  after  seven  days'  notice. 

Sect.  5  confirms  all  the  Company's  acts  and  proceedings. 

Sect.  6  repeals  Section  7  and  part  of  Section  1  of  the  Charter,  and  other  Acts  incon- 
sistent herewith. 


Laws  of  1832,  Chap.  238. 
An  Act  to  incorporate  the  Calais  Railway  Company. 

Sect.  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives^ in  Legislatiire  assembled,  That  William  DeLesdernier, 
Joaes  Dyer,  Joseph  Wiiituey,  George  Downes,  and  Otis  L.  Bridges, 


MAINE.  0 

with  their  associates,  be  and  they  hereby  are  created  a  corporation 
by  the  name  of  the  Calais  Railway  Company,  and  shall  so  continue 
for  the  term  of  thirty  years  from  the  passage  of  this  Act,  for  the 
purpose  of  erecting,  repairing,  and  maintaining,  for  the  transporta- 
tion of  goods,  lumber,  and  other  articles,  a  railway  within  the  town 
of  Calais  in  the  County  of  Washington,  from  the  still  water,  at  Mill- 
town,  so  called,  to  the  place  of  shipping  lumber  on  the  St.  Croix 
River ;  and  by  the  name  aforesaid  may  sue  and  be  sued,  and  may 
have  a  common  seal,  and  change  the  same  at  pleasure,  and  may 
make  by-laws  for  the  management  of  their  concerns,  not  repug- 
nant to  the  laws  of  the  State,  and  have  all  other  powers  incident  to 
corporations. 

Sect.  2.  That  the  capital  stock  of  said  corporation  shall  be 
divided  into  shares  of  one  hundred  dollars  each,  and  at  all  meet- 
ings of  said  corporation,  each  proprietor  shall  be  entitled  to  as 
many  votes  as  he  may  hold  shares ;  but  no  proprietor  shall  be 
entitled  to  more  than  ten  votes. 

Sect.  3.  That  the  stockholders  of  said  corporation  may  annu- 
ally, on  the  first  Monday  of  May,  choose  a  board  of  five  Directors, 
and  all  other  officers,  which  they  may  deem  necessary. 

Sect.  4.  That  said  corporation  may  take  and  hold  by  gift, 
grant,  bargain  and  sale,  or  by  lease,  any  estate  real  or  personal, 
to  an  amount  not  exceeding  fifty  thousand  dollars  in  value,  and 
the  same  or  any  part  thereof  may  sell  and  convey  at  pleasure. 

Sect.  5.  That  for  the  transportation  of  articles  upon  said  rail- 
way the  said  corporation  are  hereby  authorized  to  demand  and 
receive  from  the  owners  thereof  a  toll  not  exceeding  the  following 
rates,  viz.  for  transporting  the  whole  distance  of  said  railway,  a 
cord  of  wood  fifty  cents,  clapboards  per  thousand  fifty  cents, 
pine  shingles  per  thousand  ten  cents,  cedar  shingles  in  bundles 
twenty  cents  per  thousand,  laths  eight  cents  per  thousand,  tons  of 
timber,  twenty  cents  per  ton,  boards  and  plank  per  thousand 
feet  board  measure  fifty  cents,  and  eight  cents  per  thousand  to  be 
added,  if  the  company  pile  the  lumber,  hogsheads  twenty-five 
cents  each,  barrels  eight  cents  each,  bags  containing  two  bushels 
of  salt,  grain,  or  other  articles,  six  cents  each,  bales  of  dry  goods 
of  common  size  twenty  cents  each,  logs  transported  from  still- 
water  to  the  Union  or  the  Lafayette  Mills,  thirty  seven  cents  per 
thousand  feet  board  measure :  Provided^  that  after  the  expiration 
of  ten  years  from  the  passage  of  this  Act,  the  above  rate  of  tolls 
shall  be  subject  to  further  regulation  by  the  Legislature. 

1* 


6  CALAIS   RAILWAY   COMPANY. 

Sect.  6.  That  said  corporation  shall  constantly,  from  and  after 
the  time  when  they  commence  the  taking  of  toll  for  transporting 
any  of  the  articles  aforesaid,  have  and  maintain  in  good  repair 
and  fit  for  use,  a  good  and  convenient  [rail]  road,  constructed  of 
suitable  materials;  and  provide  fit  vehicles  and  carriages,  with  all 
necessary  apparatus  for  the  safe  and  speedy  conveyance  of  all 
such  articles  as  they  may  be  required  to  transport  upon  said  rail- 
way; and  shall  be  held  and  obliged  to  take  charge  of,  and  convey 
the  same  accordingly,  the  toll  therefor  having  been  first  paid  or 
tendered. 

Sect.  7.  That  the  powers  granted  by  this  Act  shall  not  be  so 
construed  as  to  permit  said  corporation,  by  their  railway  aforesaid, 
to  obstruct  any  existing  public  road,  or  to  impede  travellers  from 
passing  thereon  with  ease,  safety,  and  convenience,  or  to  preclude 
the  town  or  county,  in  which  said  railway  may  be,  from  locating 
and  establishing  any  highway,  or  town,  or  private  way  wherever 
they  may  judge  the  same  to  be  of  common  convenience  and 
necessity. 

Sect.  8.  That  "William  DeLesdernier  may  call  the  first  meeting 
of  said  corporation  by  posting  up  notifications  of  the  time  and 
place  thereof  in  two  public  places  in  said  town  of  Calais,  ten  days 
prior  to  the  time  of  said  meeting. 

Sect.  9.  That  unless  said  railway  be  completed  within  three 
years  from  the  passing  of  this  Act,  then  this  grant  shall  be  void. 

Sect.  10.  That  the  powers  granted  by  this  Act  shall  not  be 
annulled  by  the  Legislature.     Approved,  Febiuary  17,  1832. 

Laws  of  1835,  Chap.  550. 
An  Act  additional  to  an  "  Act  to  incorporate  the  Calais  Railway  Company." 

Sect.  1.  Be  it  enacted,  ij'c  That  there  be  and  hereby  is  granted 
to  the  proprietors  of  the  Calais  Railway  Company,  a  further 
extension  of  time,  in  which  to  make  and  complete  said  Rail- 
way, of  three  years  from  and  after  the  time  limited  for  that 
purpose  in  the  charter  of  said  corporation,  and  that  said  Act  be 
and  the  same  is  hereby  revived  and  shall  be  and  continue  in  full 
force  in  the  same  manner  as  if  the  limitation  in  said  original  Act 
had  not  expired  before  the  passing  of  this  Act. 

Sect.  2.  That  Neal  D.  Shaw,  Luther  Brackett,  and  Seth 
Emerson  be  and  they  hereby  are  associated  with  the  original 
corporators   and   considered   and   deemed    as    members    of  said 


MAINE.  / 

original  corporation,  entitled  to  all  the  rights,  privileges,  and  im- 
munities, and  subject  to  all  the  duties,  liabilities,  and  requirements 
contained  in  the  Act  to  which  this  Act  is  additional. 

Sect.  3.  That  the  extension  of  time  granted  in  the  first  section 
hereof,  is  upon  the  condition  that  the  proviso  contained  in  the  fifth 
section  of  the  original  Act  incorporating  said  company,  and  the 
tenth  section  of  said  Act,  shall  be  considered  repealed,  and  as  in 
no  manner  restraining  the  Legislature  from  passing  any  Act, 
relative  to  said  company,  or  Act  of  incorporation,  which  they 
might  have  passed,  if  said  proviso  and  said  tenth  section  had 
never  been  a  part  of  said  act. 

Sect.  4.  That  any  two  of  the  persons  named  in  said  original 
Act,  or  in  this  additional  Act,  may  call  the  first  meeting  of  said 
corporation  in  the  manner  prescribed  in  the  eighth  section  of  said 
original  Act.     Approved,  March  10,  1835. 

Laws  of  1837,  Chap.  373. 
An  additional  Act  to  incorporate  the  Calais  Railway  Company. 

Sect.  1.  Beit  enacted,  S^c.  That  the  proprietors  of  the  Calais 
Railway  Company  be  and  hereby  are  authorized  to  make,  com- 
plete, and  extend  a  Railway  from  some  point  at  Salt  Water  Village, 
so  called,  in  said  Calais,  that  shall  intersect  the  Railway  leading 
from  said  village  to  Milltown  Village,  so  called,  to  some  point  at  or 
near  Bog  Brook,  so  called,  in  said  Calais.  And  said  corporation 
shall  be  invested  with  all  the  powers  and  privileges,  and  be  sub- 
ject to  all  the  liabilities  in  the  Statute  of  February  the  sixteenth, 
eighteen  hundred  and  thirty-six,  entitled  "  An  Act  concerning  cor- 
porations" and  in  the  Statute  of  March  the  first,  eighteen  hundred 
and  thirty-six,  entitled  "  An  Act  defining  certain  rights  and  duties 
of  Railroad  corporations."  Provided  that  said  Railroad  shall  be 
so  constructed  as  not  to  interrupt  or  impede  the  free  passage  to  and 
from  the  river  adjacent  thereto. 

Sect.  2.  That  a  toll  be,  and  is  hereby  granted  and  established, 
for  the  sole  benefit  of  said  corporation,  upon  all  passengers  and 
property  of  all  descriptions,  which  may  be  conveyed  or  transported 
upon  said  road,  at  such  rates  as  may  be  established  from  time  to 
time,  by  the  Directors  of  said  corporation.  And  the  transportation 
of  persons  and  property,  the  construction  of  wheels,  the  forms  of 
cars  and  carriages,  the  weight  of  loads,  and  all  other  matters  and 
things  in  relation  to  the  use  of  said  road,  shall  be  in  conformity  to 


8  CALAIS   RAILWAY   COMPANY. 

such  rules,  regulations,  and  provisions  as  the  Directors  shall  from 
time  to  time  prescribe  and  direct ;  and  said  road  may  be  used  by 
any  person  or  persons,  corporation  or  corporations,  who  shall  com- 
ply with  such  rules  and  regulations  :  Provided^  that  after  ten  years 
from  the  completion  of  said  Railroad  whenever  the  profits  arising 
from  tolls,  or  otherwise,  shall  exceed  the  amount  of  twelve  per 
centum  per  annum  on  the  actual  cost  of  said  Railroad,  after 
deducting  all  necessary  disbursements  in  conducting  its  operations, 
then  the  Legislature  shall  from  time  to  time  have  the  right  so  to 
reduce  such  tolls  as  may  have  been  established,  not  below  the  rate 
of  twelve  per  centum  per  annum  as  aforesaid,  as  may  be  judged 
expedient.  And  the  books  of  said  corporation,  shall,  at  all  times, 
be  open  to  the  inspection  of  the  Governor  and  Council ;  and  of 
any  committee  duly  authorized  by  the  Legislature. 

Sect.  3.  That  the  Directors  of  said  corporation  for  the  time 
being,  are  hereby  authorized  to  erect  toll  houses,  establish  gates, 
appoint  toll  gatherers,  and  demand  toll  upon  the  road  when  com- 
pleted, and  upon  such  parts  thereof  as  shall  from  time  to  time  be 
completed. 

Sect.  4.  That  if  any  person  shall  wilfully,  maliciously,  or 
wantonly  and  contrary  to  law  obstruct  the  passage  of  any  carriage 
on  said  Railroad,  or  in  any  way  spoil,  injure,  or  destroy  said  Rail- 
road or  any  part  thereof,  or  any  thing  belonging  thereto,  or  any 
material  or  implement  to  be  employed  in  the  construction  or  for 
the  use  of  said  Road,  he,  she,  or  they,  or  any  person  or  persons 
assisting,  aiding,  or  abetting  such  trespass,  shall  forfeit  and  pay  to 
said  corporation  for  every  such  offence,  treble  such  damages  as 
shall  be  proved  before  any  Justice,  or  any  Court  proper  to  try  the 
same,  by  the  Treasurer  of  the  corporation,  or  other  officer  whom 
they  may  direct,  to  the  use  of  said  corporation  ;  and  such  offender 
or  offenders  shall  be  liable  to  indictment  by  the  Grand  Inquest  of 
the  County,  for  any  offence  or  offences,  contrary  to  the  above  pro- 
visions ;  and  on  conviction  thereof,  before  any  Court  of  Common 
Pleas,  to  be  holden  in  said  County,  shall  pay  a  fine  not  exceeding 
one  hundred  dollars,  to  the  use  of  the  State,  or  may  be  imprisoned 
for  a  term  not  exceeding  one  year,  at  the  discretion  of  the  Court 
before  whom  the  conviction  may  be  had. 

Sect.  5.  That  if  said  corporation  shall  fail  to  make  and  com- 
plete said  Railroad,  within  four  years  from  the  time  of  the  passing 
this  Act,  then  the  same  shall  be  null  and  void. 

Sect.  6.  That  said  corporation,  after  they  shall  commence  the 


MAINE.  y 

receiving  of  tolls,  shall  be  bound  at  all  times  to  have  said  Railroad 
ill  good  repair,  and  a  sufficient  number  of  suitable  carriages  and 
vehicles  for  the  transportation  of  persons  and  articles,  and  be 
obliged  to  receive  at  all  proper  times  and  places  and  convey  the 
same  when  the  appropriate  tolls  therefor  shall  be  paid  or  tendered, 
and  a  lien  is  hereby  created  on  all  articles  transported  for  said  tolls. 
Approved  March  28,  1837. 

Latvs  of  1838,  Chap.  409. 

An  Act  additional  to  "an  Act  to  incorporate  the  Calais  Railway  Company,"  and  to 

change  the  name  thereof. 

Sect.  1.  Be  it  enacted^  S^'c.  That  a  further  time  of  two  years 
from  and  after  the  time  specified  by  an  Act  of  the  Legislature 
of  this  State,  passed  the  tenth  day  of  March,  in  the  year  of 
our  Lord  one  thousand  eight  hundred  and  thirty-five,  shall  be 
allowed  to  the  proprietors  of  the  Calais  Railway  Company  to 
comply  with  the  conditions  of  their  charter,  without  forfeiting 
the  same  or  losing  any  privileges  or  immunities  granted  to  said 
company  by  said  Act. 

Sect.  2.  That  the  name  of  the  "Calais  Railway  Company," 
be  and  the  same  hereby  is  changed  to  the  name  of  the  "  Calais 
Railroad  Company."     Approved^  February  22,  1838. 

Laws  of  1849,  Chap.  238. 

An  Act  additional  to  an  Act  to  incorporate  the  Calais  Railway  Company  and  the 

several  Acts  additional  thereto. 

Sect.  1.  Be  it  enacted,  cj-c.  The  name  of  the  Calais  Railroad 
Company  is  hereby  altered  and  changed  to  the  Calais  and  Baring 
Railroad  Company. 

Sect.  2.  The  said  company  may  take  in  any  way  by  which 
they  now  are,  or  may  be  authorized  to  do  so,  and  hold  any  estate, 
real  or  personal,  not  exceeding  at  any  one  time,  the  amount  of  two 
hundred  thousand  dollars,  and  the  same  may  from  time  to  time, 
lease,  sell,  and  convey  at  pleasure ;  and  each  stockholder  shall  be 
entitled  to  as  many  votes  as  he  has  shares. 

Sect.  3.  Said  company  may,  and  they  hereby  are  authorized 
to  extend  their  said  road  up  the  Schoodiac  River,  and  in  the  vicinity 
of  it  to  Vance's  boom,  so  called,  above  the  toll-bridge  in  Baring; 
and  also  to  extend  it  from  its  present  easterly  termination,  down 
said  river,  over  and  in  the  vicinity  of  it  to  any  place  not  below 


10  BANGOR  AND   OLDTOWN  RAILWAY   COMPANY. 

Burnt  Point,  so  called,  in  said  Calais ;  and  to  extend  from  such 
parts  of  said  road  so  extended  as  may  be  found  convenient,  such 
branches  as  they  may  deem  necessary  or  useful,  no  one  of  which 
branches  shall  exceed  one  hundred  rods  in  length  from  the  main 
trunk. 

Sect.  4.  For  any  services  said  company  may  perform,  they 
may  demand  and  collect  such  toll  or  compensation  as  they  shall, 
by  their  by-laws  determine,  and  collect  it  in  advance  or  otherwise ; 
and  in  addition  to  their  other  remedies  therefor,  shall  have  a  lien 
on  all  the  property  concerning  or  in  reference  to  which  said  service 
may  have  been  rendered,  for  said  toll  or  compensation,  which,  if 
said  compensation  be  delayed  for  ten  days,  they  may  make  avail- 
able by  sale  thereof  at  auction  on  posting  seven  days'  notice 
thereof  before  the  sale,  in  the  town  where  the  property  is  landed  ; 
stating  the  amount  claimed,  for  what,  the  place,  day  and  hour  of 
sale,  and  substantially  a  description  of  the  property  to  be  sold  as 
near  as  can  conveniently  be  done. 

Sect.  5.  All  the  acts,  doings,  and  proceedings  of  said  Calais 
Railroad  Company  are  hereby  declared,  made  valid,  and  established 
to  all  intents  and  purposes,  notwithstanding  any  defect  in  the  noti- 
fying or  calling  any  of  the  meetings  of  said  company  or  the  pro- 
ceedings therein. 

Sect.  6.  The  seventh  section  of  the  original  act  incorporating 
the  Calais  Railway  Company,  approved  the  seventh  day  of  Feb- 
ruary in  the  year  of  our  Lord  eighteen  hundred  and  thirty-two,  so 
much  of  the  first  section  of  said  act  as  limits  the  charter  thereof  to 
thirty  years,  and  all  other  acts  and  parts  of  acts  as  are  inconsistent 
with  the  provisions  of  this  act  are  hereby  repealed.  Approved 
July  26,  1849. 


BANGOR   AND    OLDTOWN   RAILWAY    COMPANY. 

INCORPORATED    IN   MAINE    IN    1832. 

Chapter  276  of  the  Special  Laws  of  1832  contains  the  Charter. 

Sect.  1  grants  corporate  powers  for  the  term  of  fifty  years. 

Sect.  2  describes  the  location,  and  authorizes  them  to  take  land  and  materials  for 
the  purposes  of  the  road,  by  paying  danaagcs  to  be  estimated  and  recovered  as  in 
laying  out  highways ;  and  provides  that,  unless  the  road  be  completed  within  six 
years  from  the  passing  of  this  Act,  the  grant  shall  be  void. 


MAINE.  11 

Sect.  3  divides  tlie  capital  stock  into  1000  shares,  vests  the  government  in  nine 
directors,  and  provides  for  the  choice  of  officers,  and  authorizes  the  Company  to 
make  by-laws  not  repugnant  to  the  laws  of  the  State. 

Sect.  4  empowers  the  Company  to  hold  real  and  personal  estate  for  the  purposes  of 
the  road,  and  to  make  assessments  on  the  shares. 

Sect.  5  provides  that  any  person  wilfully  placing  obstructions  on  the  road  or  injur- 
ing the  Company's  property,  or  any  person  abetting  therein,  shall  forfeit  to  the 
Company  treble  the  amount  of  damages,  to  be  recovered  in  an  action,  and  shall 
be  liable  to  indictment,  and  fine  or  imprisonment. 

Sect.  6  appoints  the  time  of  the  annual  meeting,  when  directors  shall  be  chosen, 
and  directs  the  mode  of  organization. 

Sect.  7  establishes  the  manner  of  crossing  any  private  or  public  way  ;  and  authorizes 
them  to  lay  out  private  or  public  ways  notwithstanding  this  Act. 

Sect.  8  grants  a  toll  and  fixes  the  rates  of  toll ;  it  requires  that,  after  commencing  to 
receive  tolls,  they  shall  keep  the  road  and  vehicles  in  good  order,  and  transport 
passengers  and  articles  ;  it  authorizes  the  Legislature,  at  the  end  of  ten  years,  to 
regulate  the  rates  of  toU. 

Chapter  110  q/"  the  Special  Laws  q/"  1836  contains  an  Act  in  addition  to  the  foregoing. 

Sect.  1  authorizes  the   Company  to   construct  branch  railways   across   the  main 

Penobscot  River  to  Milford  Village. 
Sect.  2  empowers  the  Company  to  collect  tolls  and  establishes  the  rates  of  toll : 

providing,  after  the  expiration  of  ten  years,  the  Legislature  may  reduce  the  rates, 

so  that  the  net  profits  of  the  road  shall  not  exceed  12  per  cent,  on  its  cost. 
Sect.  3  requires  them  to  transport  all  articles  at  said  rates  of  toll. 
Sect.  4  directs  that  their  books  shall  be  open  to  the  inspection  of  the  Governor  and 

Council,  and  any  Committee  of  the  Legislature;  and  at  the  end  of  10  years  from 

the  completion  of  the  road,  the  Treasurer  shall  exhibit  their  net  profits,  imder  oath, 

to  the  Legislature. 
Sect.  5  empowers  the  Company  to  make  by-laws  not  repugnant  to  the  laws  of  the 

State  :  and  pro-slides,  if  one  half  of  the  road  be  not  graded  in  the  ensuing  season, 

that  this  Act  and  the  preceding  Act  shall  be  void. 
Sect.  6  provides  that  the  guardian  of  an  infant  or  person  non  compos  mentis,  a  feme 

covert,  whose  husband  is  under  guardianship,  and  his  guardian,  may  release  claims 

for  land  damages. 
Sect.  7  gives  to  said  Company  and  other  companies  the  right  to  make  crossings  in 

a  certain  manner. 


Laws  of  1832,  Chap.  276. 
An  Act  to  incorporate  the  Bangor  and  Oldtown  Railway  Company. 

Sect.  1.  Be  it  enacted,  ^c.  That  Ira  Wadleigh,  Charles  Rams- 
dell,  Isaac  Damons,  Ford  Whitman,  Amos  M.  Roberts,  Eben- 
ezer  French,  with  their  associates,  successors,  and  assigns  be 
and  hereby  are  created  a  corporation  by  the  name  of  the  Bangor 
and  Oldtown  Railway  Company,  and  shall  so  continue  for  the 
space  of  fifty  years  from  the  passing  of  ^his  Act,  and  by  that 


12  BANGOR   AND    OLDTOWN   RAILWAY   COMPANY. 

name  may  plead  and  be  impleaded,  use  a  common  seal,  and  shall 
have  all  the  powers  and  immunities  necessary  to  carry  the  pur- 
poses of  this  act  into  effect. 

Sect.  2.  That  said  corporation  be  and  hereby  are  authorized 
to  locate,  construct,  and  maintain  a  railroad  from  some  point  in 
or  near  the  village  of  Bangor  to  some  point  in  or  near  the  village 
of  Oldtown  in  the  County  of  Penobscot,  extending  by  or  through 
the  village  of  Stillwater,  in  such  mode  as  they  may  deem  most 
expedient,  to  layout  their  road  as  wide  as  they  judge  necessary 
and  for  the  purpose  of  embankments,  cutting  stone  or  gravel  to 
take  as  much  more  land  as  may  be  necessary  for  the  proper  con- 
struction and  security  of  said  road ;  Provided,  that  said  corporation 
shall  be  holden  to  pay  all  persons  and  corporations  the  damages 
they  may  sustain  by  the  taking  of  said  land  or  materials,  to  be 
estimated  and  recovered  in  the  manner  provided  by  law  for  recov- 
ering damages  happening  by  the  laying  out  of  highways.  But 
this  grant  shall  be  void,  unless  said  Railroad  be  constructed  and 
finished  within  six  years  from  the  passing  of  this  Act. 

Sect.  3.  That  the  capital  Stock  of  said  corporation  shall  con- 
sist of  one  thousand  shares.  The  immediate  government  and 
direction  of  the  affairs  of  said  corporation  shall  be  vested  in  nine 
Directors  who  shall  hold  their  office  for  one  year  and  until  others 
are  chosen  in  their  room,  and  a  majority  of  them  shall  form  a 
quorum  for  transacting  business.  They  shall  elect  one  of  their 
number  for  President  of  the  Board  of  Directors  and  of  the  corpora- 
tion, and  may  choose  all  necessary  officers,  and  the  said  corpora- 
tion may  make  by-laws  for  the  management  of  their  affairs,  not 
repugnant  to  the  laws  of  the  State. 

Sect.  4.  That  said  corporation  are  hereby  authorized  to  pur- 
chase and  hold  land  and  all  other  things  necessary  for  the  con- 
struction and  use  of  said  road,  and  make  assessments  on  the 
shares  and  collect  the  same  as  in  their  by-laws  they  may  pro- 
vide. 

Sect.  5.  That  if  any  person  shall  wilfully  and  unlawfully 
obstruct  the  passage  of  any  carriage  on  said  Railroad  or  in  any  way 
injure  or  destroy  said  road  or  any  part  of  it  or  any  works  belong- 
ing thereto,  or  any  materials  or  implements  to  be  employed  in  the 
construction  or  for  the  use  of  said  road,  he  or  any  person  aiding  or 
abetting  in  said  trespass  shall  for  every  offence  pay  treble  the 
damages  to  be  recovered  to  the  use  of  said  corporation  in  an  action 
brought  by  their  Treasurer,  and  be  liable  on  presentment  to  be 


MAINE.  13 

punished  by  a  fine  to  the  use  of  the  State  not  exceeding  one 
hundred  dollars  or  imprisonment  not  exceeding  one  year,  at  the 
discretion  of  the  Court. 

Sect.  6.  That  the  annual  meeting  of  the  members  of  the  cor- 
poration shall  be  holden  on  the  second  Tuesday  of  April  at  such 
hour  and  place  as  the  Directors  may  designate,  at  which  meeting 
the  Directors  shall  be  chosen  by  ballot,  allowing  one  vote  to  every 
share,  but  no  member  to  be  allowed  more  than  forty  votes.  And 
the  three  persons  first  named,  or  any  two  of  them,  are  authorized 
to  call  the  first  meeting  of  the  corporation  by  publishing  the  time 
and  place  thereof  three  weeks  successively  in  some  newspaper 
printed  in  Bangor,  at  which  meeting  Directors  may  be  chosen  and 
all  other  corporation  business  transacted. 

Sect.  7.  That  if  said  Railroad  shall  cross  any  public  or  private 
way,  it  shall  be  so  constructed  as  not  to  obstruct  the  safe  and  con- 
venient use  of  said  public  or  private  way.  And  this  Act  shall  not 
be  so  construed  as  to  prevent  the  County  Commissioners  of  said 
County  or  the  Selectmen  of  any  town  from  laying  out  public  or 
private  ways,  whenever  common  convenience  and  necessity  shall 
require  the  same. 

^ECT.  8.  That  there  be  and  hereby  is  granted  to  said  corpora- 
tion a  toll  for  the  articles  conveyed  upon  said  Railroad  at  the  rates 
following:  viz.  sawed  lumber  fifty  cents  per  thousand  feet;  clap- 
boards per  thousand,  forty  cents ;  shingles  per  thousand,  ten  cents ; 
laths  per  thousand,  twelve  cents ;  bark  per  cord,  fifty  cents ;  wood 
per  cord,  seventy-five  cents ;  hay  per  ton  two  dollars ;  merchan- 
dise per  ton,  two  dollars  for  transportation  from  Bangor  village  to 
Oldtown  village  or  from  Oldtown  village  to  Bangor  village.  And 
for  each  passenger  conveyed  the  same  route  forty  cents.  For  con- 
veying articles  and  passengers  between  Bangor  and  Stillwater 
villages,  from  one  of  said  villages  to  the  other,  the  rates  shall  be  as 
follows  :  viz.  sawed  lumber  per  thousand  feet,  twenty-five  cents ; 
clapboards  per  thousand,  twenty-five  cents;  shingles  per  thousand, 
eight  cents ;  laths  per  thousand,  ten  cents ;  bark  per  cord  forty 
cents ;  wood  per  cord,  sixty-seven  cents ;  hay  per  ton  one  dollar 
and  fifty  cents ;  merchandise  per  ton  one  dollar  twenty-five  cents  ; 
passengers  twenty-five  cents  each.  The  tolls  for  all  other  arti- 
cles conveyed  from  one  to  another  of  said  villages,  and  also  the 
tolls  for  conveying  passengers  and  articles  for  any  intermediate 
distances,  shall  be  proportionate  to  the  foregoing  rates.  And  said 
corporation,  after  they  shall  commence  the  receiving  of  tolls  shall 

2 


14  BANGOR   AND    OLDTOWN   RAILWAY   COMPANY. 

be  bound  at  all  times  to  have  said  Railroad  in  good  repair,  and  a 
sufficient  number  of  suitable  carriages  and  vehicles  for  the  trans- 
portation of  persons  'and  articles,  and  be  obliged  to  receive  and 
convey  the  same  whenever  the  appropriate  tolls  therefor  shall  be 
paid  or  tendered.  But  after  ten  years  from  commencing  the  taking 
of  tolls  the  rates  thereof  shall  be  subject  to  be  altered  and  regu- 
lated at  the  pleasure  of  the  Legislature.  Apjjroved,  March  8, 
1832. 

Laws  of  1836,  Chap.  lia. 

An  Act  additional  to  an  Act,  to  incorporate  th.e  Bangor  and  Oldtown  Railway 

Company. 

Sect.  1.  Be  it  enacted^  S^c.  That  said  Corporation  be,  and 
they  hereby  are  authorized  to  construct  and  maintain  such  turn- 
outs and  branch  Railways  as  may  be  necessary  for  the  conveni- 
ence of  said  Corporation,  and  for  the  accomodation  of  mills  which 
are  or  may  be  situated  within  two  hundred  rods  of  the  main  track 
of  said  road,  provided  such  branch  Railways  and  turnouts  may 
extend  across  the  main  Penobscot  River,  to  Milford  village,  at  or 
near  Oldtown  village,  and  at  no  other  place. 

Sect.  2.  That  said  Corporation  be,  and  is  hereby  authorized  to 
receive  such  tolls  as  may  be  agreed  upon  by  the  parties  for  trans- 
portation upon  such  Railway,  Provided  however^  that  said  Corpo- 
ration shall  not  exact  and  receive  more  than  the  following  rates  ; 
to  wit :  For  the  transportation  of  sawed  lumber,  board  measure, 
from  the  mills  at  Oldtown  to  Bangor,  per  thousand  feet,  one  dollar 
and  thirty-three  cents  ;  clapboards  per  thousand,  eighty  cents ; 
laths  per  thousand,  twenty-five  cents ;  shingles  per  thousand, 
fifteen  cents  —  For  transportation  of  sawed  lumber,  from  Still- 
water Mills  to  Bangor,  per  thousand  feet,  one  dollar ;  and  for  other 
lumber  of  the  description  aforesaid,  in  the  same  proportion ;  and 
those  rates  to  be  the  bases  for  intermediate  distances  exceeding  five 
miles  —  For  each  passenger  from  Bangor  to  Oldtown  or  from  Old- 
town  to  Bangor,  forty  cents ;  and  for  each  passenger  from  Bangor 
to  Stillwater,  or  from  Stillwater  to  Bangor,  thirty-three  cents  — 
For  merchandise  and  other  articles  a  toll  not  exceeding  fifteen 
cents  per  ton  per  mile.  And  a  lien  is  hereby  created  on  all  articles 
so  transported  for  the  toll  and  expenses  of  transportation.  And 
the  tolls  aforesaid  shall  be  subject  to  the  control  of  the  Legislature, 
from  and  after  the  expiration  of  ten  years  from  the  completion 
thereof.  Provided^  said  tolls  shall  not  be  so  far  reduced  by  the  Legis- 


MAINE.  15 

lature,  as  to  render  the  net  profits  of  said  Railway,  after  deducting 
all  necessary  expenses,  less  than  twelve  per  cent,  upon  the  cost  of 
said  Railway,  taking  the  five  preceding  years  as  the  basis  of  calcu- 
lation. 

Sect.  3.  That  said  Corporation  shall  at  all  times,  when  said 
Railroad  is  passable,  be  bound  and  holden  to  transport  all  lumber 
or  other  articles,  at  the  tolls  named  in  the  second  section  of  this  Act. 

Sect.  4.  That  the  Books  of  said  Corporation,  shall,  at  all  times, 
be  open  to  the  inspection  of  the  Governor  and  Council,  and  of  any 
Committee  duly  authorized  by  the  Legislature  ;  and,  at  the  expi- 
ration often  years  from  the  completion  of  said  Railroad,  the  Trea- 
surer of  said  Corporation  shall  make  an  exhibit  under  oath  to  the 
Legislature  of  the  net  profits  derived  from  said  Railroad. 

Sect.  5.  That  said  Corporation  may  make  such  by-laws  as  may 
be  necessary  for  the  management  of  their  affairs,  not  repugnant  to 
the  laws  of  this  State ;  and  if  one  half  the  labor  of  grading  said 
Road  shall  not  be  performed  the  ensuing  season,  then  this  Act,  and 
the  Act  to  which  this  is  additional,  shall  be  void. 

Sect.  6.  That  when  said  Corporation  shall  take  any  land,  or 
other  estate,  as  authorized  by  the  Act  to  which  this  is  additional, 
of  an  infant,  person  no7i  compos  mentis,  or  feme  covert  whose  hus- 
band is  under  guardianship,  the  guardian  of  such  infant,  or  person 
non  compos  mentis,  and  such  feme  covert  with  the  guardian  of  her 
husband,  shall  have  full  power  and  authority  to  agree  and  settle 
with  said  Corporation  for  damages,  by  reason  of  taking  such  land 
or  estate  as  aforesaid,  and  give  good  and  valid  releases  and  dis- 
charges therefor. 

Sect.  7.  That  the  Bangor  and  Oldtown  Railway  Company,  the 
Bangor  and  Piscataquis  Canal  and  Railroad  Company,  and  the 
Penobscot  River  Railroad  Company  shall  severally  have  the  right 
to  pass  over  or  under,  or  to  cross  at  grade,  any  Railroad,  belonging 
to  either  of  said  Corporations  which  may  be  constructed,  within 
the  village  of  Oldtown,  in  a  manner  not  to  injure  such  Railroad, 
or  impede  the  travel  thereon.  Provided,  That  nothing  in  this 
section  shall  be  construed,  as  giving  the  Bangor  and  Piscataquis 
Canal  and  Railroad  Company,  any  right  to  cross  the  track  of  the 
Bangor  and  Oldtown  Railway,  unless  they  have  the  right  by  their 
present  charter  to  go  to  Oldtown  village  :  nor  any  right  to  the 
Penobscot  River  Railroad  Company,  unless  the  right  to  go  to 
Oldtown  village  has  been,  or  may  be  granted  said  Company  in 
their  Charter.     Approved  March  15,  1836. 


16     BANGOR   AND   PISCATAQUIS   CANAL   AND   RAILROAD    COMPANY. 


BANGOR  AND  PISCATAQUIS  CANAL  AND  RAILROAD  COMPANY. 

« 
INCORPORATED    IN    MAINE    IN    1833. 

Chapter  307  of  the  Special  Laws  of  1833  contains  the  Charter. 

Sect.  1  grants  corporate  powers  for  the  term  of  fifty  years. 

Sect.  2  vests  the  government  in  not  less  than  five  directors. 

Sect.  3  provides  for  the  choice  of  officers. 

Sect.  4  describes  the  location,  authorizes  them  to  lay  one  or  more  sets  of  rails,  and  to 
continue  their  road  to  slate  quarries  in  Williamsburg,  by  railroad  or  other  natural 
or  artificial  communication,  with  the  consent  of  the  proprietors  thereof,  and  to  or 
near  the  Piscataquis,  Sebec,  or  Pleasant  Rivers,  or  other  places  ;  it  requires  them  to 
file  a  location  of  the  route  selected  with  the  Clerk  of  the  Courts  in  the  County ; 
it  authorizes  them  to  take  and  hold  land,  and  materials  thereon  for  the  construc- 
tion of  the  road,  paying  damages,  if  not  agreed  upon,  to  be  assessed  by  the  county 
commissioners ;  it  provides  that  the  grant  shall  be  void  as  to  any  part  of  the 
roads  or  lines  of  communication  aforesaid  not  commenced  within  six  years 
herefrom  and  completed  within  ten  years  thereafter  ;  it  makes  the  stockholders, 
in  case  of  a  deficiency  in  the  funds  of  the  Company  to  pay  land  damages, 
personally  liable  therefor  according  to  the  amount  of  their  shares. 

Sect.  5  authorizes  them  to  cross  streams  and  roads,  to  raise  or  lower  any  public  or 
private  way  or  highway,  and  to  divert,  if  necessary  any  watercourse ;  but,  as  soon  as 
may  be,  they  shall  restore  said  watercourse,  and  repair  said  road  or  highway,  and 
shall  maintain  all  bridges,  and  pay  damages  to  be  assessed  as  aforesaid. 

Sect.  6  empowers  them  to  construct  canals,  locks,  dams,  or  other  works,  without  ob- 
structing or  preventing  others  from  using  any  pond  or  stream,  and  within  certain 
limits  ;  and  such  works  shall  be  considered  part  of  this  Company  and  be  subject  to 
the  provisions  of  this  Act. 

Sect.  7  authorizes  them  to  unite  their  road  with  that  of  any  other  Railroad  or  Canal 
Company. 

Sect.  8  empowers  them  to  hold  real  estate,  and  personal  estate,  sufficient  for  the 
purposes  of  the  road,  and  make  all  necessary  regulations  for  the  road  provided 
they  are  not  repugnant  to  the  laws  of  the  State. 

Sect.  9  establishes  the  mode  of  estimating  land  damages,  provides  that  this  Act  shall 
be  construed  as  a  public  Act,  and  authorizes  the  guardian  of  any  infant  or  person 
non  compos  mentis  to  release  claims  for  land  damages. 

Sect.  10  provides  that  any  person  wilfully  obstructing  the  road  or  injuring  any  prop- 
erty of  the  Company  shall  pay  therefor  treble  the  damages. 

Sect.  11  provides  that  the  capital  stock  shall  consist  of  $300,000  in  shares  of  $100 
each,  entitling  the  holder  to  a  vote  for  each  share  ;  it  authorizes  making  additional 
shares,  if  necessarj^,  to  be  proportionally  distributed  among  the  original  stock- 
holders. 

Sect.  12  defines  the  powers  and  duties  of  the  President  and  Directors,  directs  the 
mode  of  transferring  shares,  and  makes  them  hablc  to  legal  process. 

Sect.  13  authorizes  the  Directors  to  prescribe  the  time  and  manner  of  making  assess- 
ments on  shares,  not  exceeding  $100  on  each,  and  to  sell  shares  for  non-payment 
of  assessments,  after  notice. 


MAINE.  17 

Sect.  14  empowers  the  Company  to  regulate  the  rates  of  toll,  not  to  exceed  certain 
terms,  reserving  to  the  Legislature  the  power  to  reduce  them,  after  10  years  from 
the  completion  of  the  road ;  it  requires  the  Treasurer,  then,  and  annually  there- 
after to  render,  under  oath,  into  the  office  of  the  Secretary  of  State  an  account  of 
the  receipts  and  expenditures  of  the  road,  in  default  thereof  being  liable  to  a 
penalty ;  it  requires  that  their  books  and  accounts  shall  be  open  to  the  inspection 
of  a  committee  of  the  Legislature. 

Sect.  15  provides  that  this  Act  shall  not  prevent  the  incorporation  of  any  other  Com- 
pany for  similar  purposes,  or  the  laying  out  of  any  private  or  public  way. 

Chapter  65  of  the  Special  Laws  of  1840  contains  an  additional  Act, 

Sect.  1  authorizes  them  to  extend  their  road  in  Oldtown  Village  to  Oldtown  Falls, 
and  across  Penobscot  River  to  Milford. 

Sect.  2  empowers  them  to  take  and  use  lands  necessary  for  the  road,  as  provided  in 
Section  4  of  the  original  Act :  providing  this  Act  shall  be  void,  if  said  extension 
be  not  completed  within  six  years  herefrom ;  and  that  no  bridge  or  mills  shall  be 
affected  thereby,  without  the  consent  of  the  owners,  nor  shall  any  bridge  be  erected, 
but  for  the  use  of  the  Company. 

Chapter  124  of  the  Special  Laws  of  1843  contains  an  additional  Act. 

It  exempts  the  Railroad  from  Bangor  to  Oldtown,  built  by  this  Company,  from  the 
operation  of  Section  6  of  an  Act  relating  to  Railroads,  passed  March  7,  1842, 

Chapter  77  of  the  Special  Laws  of  1847  contains  an  additional  Act. 

Sect.  1  extends  the  provisions  of  the  original  Act  for  10  years  from  the  date  of  this 
Act,  so  far  as  it  may  apply  to  the  road  already  located  in  Oldtown,  Orono,  and 
Bangor,  and  as  may  be  necessary  to  enjoy  the  provisions  of  this  Act. 

Sect.  2  authorizes  an  extension  of  the  road,  six  rods  in  width,  to  any  place  in  Old- 
town  and  thence  to  Milford  and  Bradley,  and  the  construction  of  embankments, 
abutments,  and  piers  for  that  purpose  ;  also  a  deviation  from  the  present  line,  not 
exceeding  four  miles  from  Bangor,  so  as  to  reach  navigable  waters  in  the  Penobscot 
River  ;  also  the  construction  of  piers  and  wharves,  provided  they  do  not  obstruct 
navigation,  and  provided  the  consent  of  the  City  of  Bangor  be  obtained  before 
they  cross  any  streets  there. 

Sect.  3  fixes  the  Capital  Stock  at  ,$600,000,  in  shares  of  $200  each. 

Sect.  4  provides  that  all  said  corporate  powers  shall  enure  to  the  benefit  of  the  own- 
ers of  the  property,  and  directs  the  mode  of  organization. 

Sect.  5  authorizes  them  to  connect  with  any  Company,  for  internal  improvement  on 
the  Penobscot  River  or  the  Piscataquis  River. 


Laws  of  1833,  Chap.  307. 

An  Act  to  incorporate  the  Bangor  and  Piscataquis  Canal  and  Railroad  Company. 

Sect.  1.  Be  it  enacted,  <,yc.  That  Moses  Greenleaf,  Henry  W. 
Fuller,  Benjamin  P.  Gilman,  Joseph  Lee,  Francis  Brown,  Ebene- 

2* 


18     BANGOR  AND   PISCATAQUIS   CANAL  AND  RAILROAD   COMPANY. 

zer  Greenleaf,  Stephen  Palmer,  David  Shepherd,  Mark  G.  Pitman, 
and  Henry  K.  Adams,  their  associates,  successors,  and  assigns,  be, 
and  they  hereby  are,  made  a  body  politic  and  corporate,  by  the 
name  of  the  Bangor  and  Piscataquis  Canal  and  Railroad  Company, 
and  shall  so  continue  for  the  term  of  fifty  years  ;  with  all  the 
powers  and  privileges  incident  to  similar  corporations,  so  far  as 
may  be  necessary  to  carry  into  effect  all  the  purposes  of  this  Act. 

Sect.  2.  That  the  powers  of  said  Company  shall,  except  at  any 
legal  meeting  thereof,  be  vested  in  a  board  of  not  less  than  five 
Directors,  one  of  whom  shall  be  President,  and  a  majority  of  whom 
shall  be  a  quorum.  The  Directors  may  be  chosen  at  the  first  meet- 
ing of  the  Company,  and  afterwards  shall  be  chosen  annually,  at 
such  time  as  their  by-laws  may  determine,  and,  as  also  other 
officers,  shall,  unless  sooner  removed,  hold  their  offices  for  one  year, 
and  until  others  are  chosen  and  qualified  in  their  stead. 

Sect.  3.  That  the  Directors  shall  annually  elect  a  President, 
and  may  elect  a  Vice  President,  Secretary,  Treasurer  and  any 
other  officers,  as  their  by-laws  may  prescribe,  and  may  also  re- 
move them  at  pleasure,  and  fill  all  vacancies  at  any  time.  The 
Company  may  also  remove  Directors  and  fill  vacancies  in  the  Board 
and  any  other  offices;  and  limit  and  direct  the  exercise  of  their 
powers. 

Sect.  4.  That  said  Company  may  survey,  lay  out  and  mark, 
construct,  alter,  maintain,  improve,  enlarge,  repair,  and  rebuild  a 
Railroad  or  roads,  with  one  or  more  sets  of  rails  or  tracks,  with  all 
suitable  bridges,  viaducts,  turn-outs,  culverts,  drains,  and  all  other 
necessary  appendages,  to  form  a  fine  of  communication  from  any 
place  or  places  on  or  near  the  tide  waters  of  Penobscot  River  in  the 
town  of  Bangor,  or  any  other  place  on  said  tide  waters,  to  any  or 
all  of  the  quarries  or  natural  deposits  of  slate  in  the  town  of 
Williamsburgh,  either  by  a  continued  line  of  Railroad,  or  by  in- 
terrupted lines  connecting  with  any  other  natural  or  artificial  com- 
munication ;  Provided^  That  they  shall  not  connect  their  Railroads 
with  any  other  artficial  communication  without  the  consent  of  the 
proprietors  thereof;  and  they  may  also,  either  by  continued  or  in- 
terrupted lines,  construct  branches  to  extend  their  line  of  commu- 
nication to  any  town  or  place  on  or  near  the  waters  of  the  Piscata- 
quis, Sebec,  or  Pleasant  Rivers,  or  their  respective  branches,  and  to 
any  other  place  or  places  in  the  counties  of  Penobscot  or  Somerset, 
lying  west  of  Penobscot  River,  or  north  of  the  waters  of  Pleasant 
River.     And  when  they  shall  have  finally  surveyed  and  adopted 


MAINE.  19 

any  section  or  division  of  their  line  or  lines  of  communication, 
they  shall  deposit  in  the  office  of  the  Clerk  of  the  judicial  Courts 
in  the  Comity  wherein  the  same  lies,  a  description  of  the  same, 
which  said  clerk  shall  cause  to  be  recorded  and  kept  as  other 
public  records  of  like  nature.  And,  for  the  purposes  aforesaid, 
and  for  the  convenient  accommodation  of  said  Railroads  and  their 
appurtenances,  and  of  the  persons  and  property  which  may  be 
transported  thereon  or  connected  therewith,  the  said  Company  may 
enter  upon,  take,  use,  and  occupy  any  lands  or  other  real  estate 
which  they  shall  find  necessary;  and  they  shall  also  have  the  right 
to  take,  remove,  and  use,  for  the  construction  and  repair  of  said  Rail- 
roads and  appurtenances,  any  earth,  gravel,  stone,  timber,  or  other 
materials,  on  or  from  the  land  so  taken :  Provided,  however,  that 
said  land  so  taken  shall  not  exceed  four  rods  in  width,  except 
where  greater  width  is  necessary  for  the  purposes  of  excavation 
or  embankment ;  and  provided,  also,  that,  in  all  cases,  said  com- 
pany shall  pay  for  such  lands,  estate,  or  materials,  so  taken  and 
used,  such  price  as  they  and  the  respective  owners  thereof  may 
mutually  agree  on ;  and  in  case  the  parties  shall  not  otherwise 
agree,  then  the  said  Company  shall  pay  such  damages  as  shall  be 
ascertained  and  determined  by  the  County  Commissioners,  in  the 
same  manner,  and  under  the  same  conditions  and  limitations,  as 
are  by  law  provided  in  the  case  of  damages  by  the  laying  out  of 
highways ;  but  this  grant  shall  be  void  except  as  to  such  parts  of 
said  Railroads  or  lines  of  communication  as  shall  be  commenced 
within  six  years  from  the  passing  of  this  Act,  and  completed  with- 
in ten  years  thereafter.  And  if  the  estate  of  said  Company,  in  its 
corporate  capacity,  shall  not  be  sufficient  to  satisfy  such  damages, 
then  the  several  Stockholders,  each  in  proportion  to  his  respective 
number  of  shares,  shall  be  personally  liable  for  the  deficiency. 

Sect.  5.  That  said  Company  shall  have  power  to  construct  and 
carry  their  Railroads  on,  over,  or  across  any  rivers,  streams,  bridges, 
roads,  highways,  or  other  roads  or  ways,  and  to  construct  any 
bridges  or  viaducts  over  or  under  the  same ;  and  may  raise  or  lower 
any  public  or  private  road  or  highway  ;  and,  for  the  purpose  of  con- 
venience in  constructing  or  repairing  the  same,  may,  for  a  time, 
turn  any  stream  or  watercourse  ;  but,  in  all  such  cases,  they  shall, 
as  soon  as  may  be,  restore  such  stream  or  watercourse  to  its  former 
passable  state,  as  near  as  may  be,  and  leave  such  road  or  highway 
in  a  safe  and  passable  state ;  and  shall,  at  all  reasonable  times, 
maintain  and  keep  in  repair,  all  bridges  or  viaducts  constructed  by 


20     BANGOR  AND   PISCATAQUIS   CANAL  AND  RAILROAD   COMPANY. 

them  over  or  under  such  road  or  highway ;  and  shall  pay  all 
damages,  if  any  there  be,  to  any  party  injured ;  to  be  ascertained 
as  in  this  Act  provided  in  cases  of  damage  by  taking  land  or  mate- 
rials. And  they  shall  in  no  case  construct  or  carry  their  road  or 
other  works  on,  over,  or  across  any  other  road  or  highway  in^such 
manner  as  to  prevent,  interrupt,  or  impede  the  travel  or  transporta- 
tion thereon ;  nor  shall  any  other  road  or  works  be  authorized  or 
allowed  to  occupy  the  ground  which  may  be  finally  adopted  by  said 
Company  for  their  road  or  other  works,  in  such  manner  as  to  pre- 
vent, interrupt,  or  impede  the  construction,  repair,  and  maintenance 
of  said  Railroads  or  other  works,  or  the  access  to,  travel,  transpor- 
tation, or  deposit  thereon. 

Sect.  6.  That  said  Company  may  construct  any  canals,  locks, 
dams,  sluices,  inclined  planes,  machines,  booms,  or  other  works 
which  they  may  judge  necessary  to  improve  or  facilitate  the  trans- 
portation or  communication  by  water,  on  the  Dead  Stream,  Sebec, 
or  Pleasant  Rivers,  or  any  of  the  branches  or  waters  thereof:  and 
they  may  use  any  of  the  natural  lakes,  ponds,  or  waters  thereof, 
as  parts  of  their  lines  of  communication  ;  Provided,  That  this  shall 
not  be  taken  or  construed  so  as  to  obstruct  or  prevent  any  other 
person  or  persons  from  making  any  lawful  use  of  the  same  lakes, 
ponds,  or  waters  ;  nor  to  authorize  said  Company  to  construct  any 
canal  in  any  place  westward  of  the  waters  of  Pleasant  River.  And 
all  such  canals,  locks,  dams,  sluices,  inclined  planes,  machines, 
booms,  or  other  works,  shall  be  considered  as  parts  of  and  pertain- 
ing to,  the  Railroads  or  lines  of  communication  of  said  Company; 
and  they  shall  enjoy  the  same  rights,  powers,  and  privileges,  and 
be  subject  to  the  same  conditions  and  liabilities  in  relation  thereto, 
as  are  in  this  Act  provided  in  relation  to  said  Railroads  or  their 
appurtenances. 

Sect.  7.  That  said  Company  shall  have  power  to  unite  their 
Railroads,  or  any  branches  or  parts  thereof  with  those  of  any  other 
Railroad  or  Canal  Company,  at  such  points  in  said  counties,  and 
on  such  terms  and  conditions  as  the  parties  interested  may  mutu- 
ally agree  on. 

Sect.  8.  That  said  Company  may  procure,  purchase,  and  hold  in 
fee  simple,  improve  and  use  for  all  purposes  of  business  to  be 
transacted  on  or  by  means  of  said  Railroads,  Canals,  or  other  works, 
any  steam,  or  other  engines  or  machines,  horses,  cars,  or  other 
carriages,  boats,  or  other  vehicles,  lands,  or  other  real  estate,  and 
the  same  may  manage,  sell,  or  otherwise  dispose  of,  as  they  may 


MAINE.  21 

see  fit ;  they  may  also  regulate  and  determine  the  kind  and  num- 
ber of  carriages  or  vehicles  which  may  be  used  on  their  roads, 
canals,  or  other  works ;  —  the  mode  of  propelling  them  ;  the  times 
and  rates  of  speed  of  their  movements ;  and  the  conditions  on 
which  the  same  may  be  used  on  said  roads,  canals,  or  other  works, 
and  persons  and  articles  of  any  kind  be  conveyed  on  the  same: 
Provided,  That  they  shall  not  be  repugnant  to  the  laws  of  the 
State. 

Sect.  9.  That  all  damages  claimed  or  adjudged  for  the  taking 
and  use  of  any  materials,  land,  or  other  estate  by  virtue  of  this  Act, 
shall  be  estimated  according  to  the  value  which  they  possessed  in- 
dependently of  the  effect  of  this  Act;  and  any  value  which  may, 
by  the  effect  of  this  Act,  be  adjudged  to  be  added  to  the  value  of 
any  estate,  shall  be  considered  and  allowed  in  offset  to  any  damage 
adjudged  to  be  done  to  the  same  estate,  so  far  as  to  the  amount 
of  such  damage,  but  no  farther.  And,  in  all  legal  proceedings, 
this  Act  shall  be  taken  and  considered  to  be  a  public  Act.  And 
when  the  lands  or  other  estate  of  any  infant,  or  person  non  compos 
mentis,  shall  be  taken  or  damaged  for  the  purposes  of  this  Act,  the 
guardian  of  such  infant  or  person  may  settle,  commute,  release 
and  discharge  all  damages  or  claims  for  damage  in  relation  thereto. 

Sect.  10.  That  if  any  person  shall  knowingly  and  wilfully 
commit  any  Act  by  which  any  part  of  said  Railroads,  or  of  the 
appurtenances  or  property  of  said  Company  shall  suffer  damage  or 
impediment,  or  by  which  the  use,  improvement,  transit,  or  deposit 
of  any  property  passing  or  to  be  transported  on  any  part  of  said 
Railroads  or  lines  of  communication  shall  be  prevented  or  impeded, 
or  such  property  injured  or  destroyed,  the  person  so  offending  shall 
pay  treble  damages  to  all  parties  injured. 

Sect.  11.  That  the  capital  stock  of  said  Company  may  consist 
of  three  hundred  thousand  dollars,  and  shall  be  divided  into  shares 
of  one  hundred  dollars  each,  to  be  holden  and  considered  as  per- 
sonal estate  ;  and  each  share  shall  entitle  the  owner  thereof  to  one 
vote,  and  as  many  votes  as  he  has  shares;  and  he  may  vote,  either 
in  person  or  by  proxy,  in  all  meetings  of  the  Company;  and  all 
questions  shall  be  determined  by  the  majority  of  votes  present,  in 
person  or  by  proxy,  at  any  meetings.  And  if  the  Directors  shall 
find  that  said  amount  of  capital  stock  shall  not  be  sufficient 
to  complete  all  the  purposes  authorized  by  this  Act,  they  may,  by 
the  creation  of  additional  shares  of  like  amount,  increase  their 
capital  stock  to  such  sum  as  they  may  deem  necessary  to  complete 


22      BANGOR  AND   PISCATAQUIS   CANAL  AND   RAILROAD   COMPANY. 

said  purposes  ;  and  the  holders  of  the  original  shares  shall  sever- 
ally have  right  to  subscribe  for  and  hold  such  additional  shares  in 
proportion  to  the  number  of  original  shares  by  each  respectively 
holden ;  or  they  may  be  otherwise  disposed  of,  as  the  majority  of 
the  company  at  any  legal  meeting  may  determine. 

Sect.  12.  That  the  President  and  Directors  shall,  from  time  to 
time,  prescribe  the  form  of  the  evidence  or  certificates  of  shares, 
and  the  manner  and  conditions  of  transferring  the  same ;  and  all 
certificates  or  other  evidence  of  shares  and  of  transfers  of  the  same, 
shall  be  recorded  on  the  books  of  the  Company  ;  and  no  transfer  of 
shares  shall  be  deemed  complete,  and  valid  as  against  creditors, 
until  the  evidence  thereof  shall  be  filed  with  the  recording  officer 
of  the  Company.  All  shares  shall  be  liable  to  all  legal  process,  in 
the  same  manner  as  shares  in  Turnpike  or  Bridge  corporations 
are  by  law  liable. 

Sect.  13.  That  the  President  and  Directors  may,  from  time  to 
time,  make  and  prescribe  the  amount  of  assessments  to  be  paid  on 
each  share,  and  the  time  and  manner  of  payment ;  but  they  shall 
in  no  case  make  assessments  greater  than,  with  all  preceding  assess- 
ments, shall  be  sufficient  to  make  up  in  the  whole  the  sum  of  one 
hundred  dollars  on  each  share ;  and  in  case  the  assessments  due 
on  any  share  shall  not  be  paid  within  ninety  days  from  the  time 
of  such  reasonable  notice  as  shall  be  prescribed  in  the  by-laws,  then 
such  share,  with  all  the  sums  and  assessments  which  shall  previ- 
ously have  been  paid  thereon,  shall  be  forfeited  to  the  use  of  the 
Company,  and  may  be  sold  at  public  auction,  or  otherwise  disposed 
of,  as  the  Company  shall  see  fit. 

Sect.  14.  That  said  Company  shall  have  power,  from  time  to  time, 
to  establish,  alter,  demand,  collect,  and  receive  such  rates  of  tolls 
for  the  right  or  permission  of  persons,  goods,  wares,  merchandise, 
tolls  or  any  articles,  to  use,  pass,  or  be  transported  on  said  Railroads, 
Canals,  Locks,  Sluices,  or  Inclined  Planes,  or  on  any  parts  or 
branches  thereof;  and  they  may  graduate,  commute,  and  regulate 
the  same  from  time  to  time  as  they  see  fit ;  and  they  shall  have  a 
lien  on  all  articles  transported  on  said  Roads,  Canals,  or  other 
works,  for  the  payment  of  all  tolls  and  expenses  of  transportation  : 
Provided,  however,  that  the  rates  of  said  tolls  shall  be  so  grad- 
uated as  not  to  exceed  an  average  rate  of  twenty  cents  per  ton  per 
mile  for  any  distance  of  five  miles,  nor  an  average  of  fifteen  cents 
per  ton  per  mile  for  the  whole  length  of  said  roads  :  And  provided, 
alsO;  that  at  any  time  after  ten  years  from  the  completion  of  said 


MAINE.  23 

roads,  the  Legislature  may  reduce  or  increase  said  rates  of  tolls  at 
its  pleasure.  And  when  said  Railroad  or  other  works  shall  be 
completed  and  in  operation,  the  Treasurer  of  said  Company  shall, 
on  or  before  the  first  day  of  February  then  next,  and  also  annu- 
ally thereafter,  deposit  in  the  office  of  the  Secretary  of  State,  a 
true  statement,  under  oath  or  affirmation,  of  the  amount  of  capital 
stock  paid  in,  expenditures,  debts,  and  pecuniary  liabilities  of  said 
Company,  and  of  the  net  proceeds  of  said  tolls,  for  the  time  or 
year  preceding ;  and  in  default  thereof  shall  pay,  to  the  use  of 
the  State,  such  penalty,  not  exceeding  five  hundred  dollars,  as  the 
Supreme  Judicial  Court  may  determine.  And  the  books,  accounts, 
and  records  of  the  Company  shall  at  all  times  be  open  to  the  in- 
spection of  any  Committee  appointed  by  the  Legislature  to  exam- 
ine the  same. 

Sect.  15.  That  nothing  in  this  Act  contained  shall  be  taken  or 
construed  to  prevent  the  Legislature  at  any  time  from  incorpora- 
ting or  authorizing  any  other  Railroad  or  Canal  Company,  to  con- 
struct any  Railroad,  canal,  or  other  works  similar  to  those  allowed 
to  said  Company  to  construct,  nor  to  prevent  any  County  Commis- 
sioners or  Selectmen  of  towns  from  laying  out  any  public  or  pri- 
vate road  or  way.     Approved,  February  8,  1833. 

• 
Laws  of  1840,  Chap.  65. 

An  Act  additional  to  an  Act  to  incorporate  the  Bangor  and  Piscataquis  Canal  and 

Railroad  Company. 

Sect.  1.  Be  ii  enacted,  t^'c.  That  the  proprietors  of  the  Bangor 
and  Piscataquis  Canal  and  Railroad  Company  have  power  to  ex- 
tend their  Railroad,  from  the  point  where  it  now  terminates  at 
Oldtown  village,  to  the  mills  on  Oldtown  Falls,  and  thence 
across  Penobscot  River  to  or  near  the  mills  in  Milford. 

Sect.  2.  That  said  Company  shall  have  power  to  enter  upon, 
take,  use,  and  occupy  any  lands  or  other  real  estate  which  they 
may  find  necessary  for  the  construction  of  said  road,  in  the  same 
manner  as  prescribed  in  section  fourth  of  their  original  charter,  be- 
ing subject  to  its  provisions  and  penalties;  Provided  however,  that 
this  Act  shall  be  void  if  said  extension  of  the  road  is  not  completed 
within  six  years  from  the  passage  of  this  Act :  and  that  no  existing 
bridge  or  mills  shall  be  taken  or  affected  by  said  corporation,  with- 
out the  consent  of  the  owner  or  owners  thereof  :  nor  shall  any  other 
bridge  be  erected  by  said  corporation  across  the  Penobscot  River, 


24       BANGOR  AND   PISCATAQUIS   CANAL  AND   RAILROAD   COMPANY. 

than  such  a  one  as  may  be  necessary  to  sustain  the  rails  or  tracks 
of  said  road,  and  be  for  the  sole  use  and  accommodation  of  the 
same.     Approved,  March  16,  1840. 

Laws  op  1843,  Chap.  124. 

An  Act  additional  to  an  Act  incorporating  the  Bangor  and  Piscataquis  Canal  and 

Railroad  Company. 

Be  it  enacted,  <^c.  The  Railroad  from  Bangor  to  Oldtown, 
built  under  the  charter  of  "the  Bangor  and  Piscataquis  Canal  and 
Railroad  Company,"  is  hereby  exempted  from  the  operation  of 
the  sixth  section  of  an  Act  relating  to  Railroads,  passed  March 
seventh,  in  the  year  of  our  Lord  one  thousand  eight  hundred  and 
forty  two.     Apjiroved,  March  24,  1843. 

Laws  of  1847,  Chap.  77. 

An  Act  additional  to  an  Act  to  incorporate  the  Bangor  and  Piscataquis  Canal  and 

Railroad  Company. 

Sect.  1.  Be  it  enacted,  (S^c.  The  provisions  of  the  Act  to  which 
this  is  additional,  passed  February  eighth,  eighteen  hundred  and 
thirty-three,  be  and  the  same  hereby  are  extended  for  the  term 
of  ten  ye&rs  from  the  passage  of  this  act,  with  all  the  rights,  privi- 
leges, and  immunities,  and  subject  to  all  the  liabilities  prescribed  by 
the  act  aforesaid,  so  far  as  the  same  may  apply  to  the  Railroad 
already  located  in  Oldtown,  Orono,  and  Bangor,  and  so  far  as  the 
same  may  be  necessary  to  enable  this  corporation  to  extend,  use, 
and  enjoy  said  extended  road  as  authorized  by  the  provisions  of 
this  act. 

Sect.  2.  That  said  corporation  shall  be  entitled  to  extend  their 
railroad  or  branches  thereof  six  rods  in  width,  to  any  place  or 
places  in  the  town  of  Oldtown  and  across  the  Penobscot  River,  from 
Oldtown  to  Milford  and  to  Bradley,  and  for  that  purpose  may  build 
suitable  embankments,  abutments,  and  piers,  and  construct  such 
bridges  as  may  be  necessary  across  said  Penobscot  River ;  and  may 
also  deviate  from  the  line  of  the  present  Railroad  at  a  point  not 
exceeding  four  miles  from  the  city  of  Bangor  so  as  to  reach  naviga- 
ble waters  in  the  Penobscot  River,  by  a  route  varying  from  that 
occupied  by  the  present  road ;  and  shall  be  authorized  to  build 
suitable  piers  in  tide  waters  upon  which  to  construct  said  Railroad, 
and  also  to  build  suitable  wharves  for  the  accommodation  thereof; 
provided,  said  corporation  shall  not  thereby  obstruct  the  free  navi- 


MAINE.  25 

gation  of  said  Penobscot  River,  nor  shall  said  corporation,  without 
having  first  obtained  the  consent  of  the  city  council  of  the  city  of 
Bangor,  extend  their  road  into  any  of  the  streets  of  said  city. 

Sect.  3.  The  capital  stock  of  said  road  shall  be  six  hundred 
thousand  dollars  instead  of  the  sum  provided  in  the  Act  to  which 
this  is  additional,  and  be  divided  into  shares  of  two  hundred  dollars 
each  instead  of  the  sum  provided  in  said  Act. 

Sect.  4.  All  the  rights,  privileges,  and  immunities  of  this  Act 
shall  enure  to  the  benefits  of  the  owners  of  the  property  of  the 
Bangor  and  Piscataquis  Canal  and  Railroad  Company  or  their 
assigns ;  and  Elbridge  Harris  of  Bangor  is  hereby  authorized  and 
empowered  to  call  a  meethig  of  said  owners  or  their  assigns,  to  be 
held  in  Bangor,  within  six  months  from  the  passage  of  this  Act  by 
publishing  a  notice  thereof  in  a  newspaper  printed  in  the  city  of 
Bangor,  and  also  in  a  newspaper  printed  in  the  city  of  Boston, 
therein  specifying  the  time  and  place  of  said  meeting;  at  which 
meeting  the  said  owners  or  their  duly  authorized  agents  or  assigns 
are  hereby  authorized  to  proceed  and  organize  said  corporation  by 
the  choice  of  officers  agreeably  to  the  provisions  of  the  Act  to  which 
this  is  additional,  and  such  persons  so  organizing,  with  their  asso- 
ciates, successors,  and  assigns  shall  constitute  this  corporation. 

Sect.  5.  Said  corporation  is  hereby  authorized  to  connect  their 
works  with  any  other  railroad,  canal,  or  other  incorporated  line  of 
internal  improvement  on  the  Penobscot  River,  or  coming  from  the 
Piscataquis  River.     Approved,  July  31,  1847. 


PORTLAND  AND  CAPE  ELIZABETH  COAL  AND  RAILROAD  COMPANY. 
INCORPORATED    IN    MAINE    IN    1834. 

Chapter  427  of  the  Special  Laws  of  1834  contains  the  Charter. 

Sect.  1  grants  corporate  powers  for  the  purpose  of  searching,  digging,  and  boring  for 
coal  and  other  fossil  and  mineral  substances,  on  the  farm  in  Cape  Elizabeth  owned 
by  Abner  Bagley,  who  shall  receive  such  proportion  thereof  as  may  be  agreed 
upon,  or  as  three  arbitrators  shall  award. 

Sect.  2  provides  that  the  capital  stock  shall  consist  of  1000  shares,  which  shall  be 
deemed  personal  property,  and  may  be  transferred  by  endorsement ;  it  authorizes 
the  Company  to  make  equal  assessments  on  shares,  to  sell  the  shares  for  non- 
payment of  assessments  ;  vests  the  government  in  nine  directors,  and  provides  for 
the  choice  of  officers,  it  authorizes  them  to  make  by-laws,  not  repugnant  to  the 

3 


26     PORTLAND  AND  CAPE  ELIZABETH  COAL  AND  RAILROAD   COMPANY. 

laws  of  the  State,  and  to  take  and  hold  real  and  personal  estate  to  the  amount  of 

$200,000. 
Sect.  3  describes  the  location  of  the  road,  and  provides  that  the  Company  shall  pay 

for  land  taken,  damages  to  be  assessed  in  the  same  manner  as  for  highways. 
Sect.  4  appoints  the  time  of  the  annual  meeting,  when  directors  shall  be  chosen,  and 

establishes  the  manner  of  organization. 


Chapter  533  of  the  Special  Laws  of  1835  contains  an  additional  Act. 

It  provides  that  the  number  of  directors  shall  be  five,  instead  of  nine,  and  that  the 
Company's  property  shall  be  exempted  from  taxation  for  three  years. 


Laws  of  1834,  Chap.  427. 
An  Act  to  incorporate  the  Portland  and  Cape  Elizabeth  Coal  and  Railroad  Company. 

Sect.  1.  Be  it  enacted,  <$^c.  That  Abner  Bagley,  Edward 
Howe,  Woodbury  Storer,  Jonathan  Dow,  llufus  Enrierson,  Chris- 
topher Wright,  EUphalet  Greely,  John  S.  Bagley,  John  Pennell, 
Moses  Hall,  Michael  H.  Bagley,  and  Nathan  Howe,  with  their 
associates,  successors,  and  assigns,  be  and  hereby  are  constituted  a 
corporation,  by  the  name  of  the  Portland  and  Cape  Elizabeth 
Coal  and  Railroad  Company,  for  the  purpose  of  searching, 
digging,  and  boring  for  coal,  and  other  fossil  and  mineral  substan- 
ces, on  the  farm  in  Cape  Elizabeth,  owned  by  Abner  Bagley ;  who 
shall  be  entitled  to  receive  such  a  proportion  thereof,  as  he,  and 
the  said  corporation  may  mutually  agree  upon  ;  or,  if  the  parties 
shall  not  agree,  he  shall  be  entitled  to  receive  such  a  proportion, 
as  three  impartial  and  disinterested  men,  mutually  chosen  by  the 
parties,  shall  determine  to  be  equitable;  and  for  the  purpose  of 
erecting  and  maintaining  such  piers,  wharves,  buildings,  and 
machinery,  as  may  be  convenient  or  necessary,  for  facilitating  the 
various  operations  and  purposes  of  this  Act;  and  shall  have  all 
the  powers,  privileges,  and  immunities,  and  be  subject  to  all  the 
duties,  liabilities,  and  restrictions  of  similar  corporations. 

Sect.  2.  That  the  capital  stock  of  said  corporation,  shall  con- 
sist of  one  thousand  shares,  certificates  of  which,  shall  be  issued 
and  signed  by  the  president  and  treasurer  thereof;  and  the  said 
shares  shall  be  deemed  and  taken  to  be  personal  estate,  and  may 
be  transferred  by  endorsement ;  and  such  transfer  shall  be  recorded 
by  the  secretary,  or  clerk  of  said  corporation.  And  the  said  cor- 
poration may  make  assessments  on  the  shares,  for  the  purpose  of 


MAINE.  27 

effecting  the  objects  of  the  corporation.  And  if  the  proprietor  of 
any  share  or  shares,  shall  neglect  or  refuse  to  pay  any  assessment 
for  the  term  of  thirty  days  after  the  same  hath  become  due,  the 
share  or  shares  on  which  there  is  a  dehnquency,  may  be  sold  at 
public  auction,  in  manner  and  form  as  the  by-laws  of  said  corpo- 
ration shall  prescribe.  The  immediate  government  and  direction 
of  the  affairs  of  said  corporation,  shall  be  vested  in  nine  Directors, 
who  shall  hold  their  office  for  one  year,  and  till  others  are  chosen 
in  their  room,  and  a  majority  of  them  shall  form  a  quorum  for 
transacting  business.  They  may  elect  one  of  their  number  for 
president  of  the  board  of  directors  and  of  the  corporation.  And 
said  corporation,  by  the  name  aforesaid,  may  prosecute  and  defend 
suits  at  law,  and  have  a  common  seal ;  may  make  by-laws  for  the 
management  of  their  affairs,  not  repugnant  to  the  laws  of  the 
State,  and  may  take  and  hold  any  estate,  real  or  personal,  to  an 
amount  not  exceeding  two  hundred  thousand  dollars,  and  may 
sell  and  convey  the  same  at  pleasure;  and  all  actions  may  be 
brought  by  their  treasurer,  in  behalf  of  said  corporation. 

Sect.  3.  That  said  corporation  be,  and  hereby  are  authorized  to 
locate,  construct,  and  maintain  a  railroad,  from  some  convenient 
point  near  where  coal,  or  other  fossil  or  mineral  substances  may 
be  found,  extending  to,  and  so  far  over  the  flats  of  Fore  River,  in 
such  mode  as  they  may  deem  most  expedient,  and  may  take  as 
much  land  and  flats  as  may  be  necessary  for  the  proper  construc- 
tion and  security  of  said  road,  and  for  the  erecting  such  piers  and 
wharves,  as  may  be  necessary  for  the  purposes  of  this  Act : 
Provided^  That  said  corporation  shall  be  holden.  to  pay  all  per- 
sons and  corporations,  the  damages  they  may  sustain  by  the 
taking  of  said  land  or  flats,  to  be  estimated  and  recovered  in  the 
manner  provided  by  law,  for  recovering  damages  happening  by 
the  laying  out  of  highways. 

Sect.  4.  That  the  annual  meeting  of  the  members  of  the  corpo- 
ration shall  be  holden  on  the  second  Tuesday  of  April,  at  such 
hour  and  place,  as  the  directors  may  designate;  at  which  meet- 
ing directors  shall  be  chosen  by  ballot,  allowing  one  vote  to  every 
share;  and  absent  stockholders  may  vote  by  proxy  authorized  in 
writing,  under  such  prescriptions  as  the  by-laws  may  prescribe ; 
but  no  stockholder  shall  be  entitled  to  more  than  forty  votes  ;  and 
any  one  of  the  three  persons  first  named  in  the  first  section  of  this 
Act,  is  authorized  to  call  the  first  meeting  of  said  corporation,  by 
written  notifications,  placed  in  two  conspicuous  places  in  the  city 


28  PORTLAND  MINING   AND  RAILWAY  COMPANY. 

of  Portland;  at  which  meeting,  directors  may  be  chosen,  and  all 
other  corporation   business  transacted.       Approved,  February  11 
1834. 

Laws  of  1835,  Chap.  533. 

An  Act  in  addition  to  "An  Act  to  incorporate  the  Portland  and  Cape  Elizabeth  Coal 

and  Railroad  Companj'." 

Be  it  enacted,  (^-c,  That,  instead  of  nine  directors,  as  \i 
provided  by  the  Act  to  which  this  is  additional,  said  corporation 
shall  have  only  five  directors;  and  that  all  the  property  said 
company  may  employ  and  have  in  actual  use  in  effecting  the 
objects  authorized  and  contemplated  by  said  Act,  shall  be  exempted 
from  taxation  for  the  term,  of  three  years.  Approved,  February 
18,  1835. 


PORTLAND    MINING  AND    RAILWAY  COMPANY. 

INCORPORATED    IN    MAINE    IN    1834. 
Chap.  428  of  the  Special  Laws  of  1834  contains  the  Charter. 

Sect.  1  grants  corporate  powers  :  it  authorizes  them  to  make  by-laws  not  repugnant 
to  the  laws  of  the  State,  to  hold  real  estate  to  the  amount  of  $50,000,  and  to  pur- 
chase mining  rights,  and  erect  machinery  and  works  necessary  for  their  purposes ; 
provided  they  pay  for  land  taken  for  their  use,  damages  to  be  estimated  in  the 
same  manner  as  in  land  taken  for  highways. 

Sect.  2  provides  that  the  capital  stock  shall  consist  of  not  less  than  $100,000,  in 
shares  of  $100  each,  to  be  paid  in  instalments  as  the  company  may  determine, 
provided  such  instalments  do  not  exceed  $100  on  a  share,  said  shares  to  be  con- 
sidered personal  property. 

Sect.  3  entitles  shareholders  to  a  vote  for  each  share,  provided  no  shareholder  shall 
have  more  than  fifty  votes. 

Sect.  4  appoints  the  time  of  the  first  meeting,  and  the  form  of  notice. 

Chap.  251  of  the  Special  Laics  of  1837  contains  an  Act  authorizing  said  Company  to 

create  100  new  shares  of  $100  each. 


Laws  of  1834,  Chap.  428. 
An  Act  to  incorporate  the  Portland  Mining  and  Railway  Company. 

Sect.  1.  Be  it  enacted,  6^c.  That  Seth  Mason,  William  Cam- 
mett,  Andrew  B.  Mason,  Daniel  VVinslow,  Joseph  Noble,  James  B. 
Moore,   Nathaniel   Crockett  and  Samuel  Small,   and  their  asso- 


MAINE.  29 

ciates,  be  and  they  hereby  are,  constituted  and  made  a  body  pohtic 
and  corporate  by  the  name  of  the  Portland  Mining  and  Railway 
Company,  with  power  to  prosecute  and  defend  suits  at  law ;  to 
have  and  use  a  common  seal ;  to  make  and  enforce  such  by-laws 
and  regulations  as  they  may  see  fit  for  the  management  of  their 
affairs,  not  repugnant  to  the  laws  of  the  State ;  and  to  purchase 
and  hold  real  estate  to  an  amount  not  exceeding  fifty  thousand 
dollars,  and  the  same  to  sell  and  convey,  and  also  to  purchase 
the  right  of  mining  in  such  places  and  on  such  terms  as  may  be 
agreed  upon  between  the  said  corporation  and  the  owners  of  the 
soil ;  and  to  make  and  erect  such  railways,  wharves,  machinery 
and  works,  as  may  be  necessary  for  the  convenient  management 
of  the  business  of  said  corporation  ;  and  the  said  company  shall 
have  and  exercise  all  the  powers  and  privileges  usually  granted  to 
similar  corporations  :  Provided  however,  That  said  corporation 
shall  be  liable  to  pay  to  the  owners  of  land  over  which  they  may 
locate  any  railroad,  a  full  and  just  compensation  therefor,  the 
damages  to  be  estimated  in  the  same  mode,  as  are  damages  for 
highways. 

Sect.  2.  That  the  capital  stock  of  said  company  shall  consist 
of  a  sum  not  exceeding  one  hundred  thousand  dollars,  to  be 
divided  into  shares  of  one  hundred  dollars  each,  and  to  be  paid 
in  at  such  times  and  by  such  instalments  as  the  company  may 
determine,  Provided,  That  no  instalment  or  assessment  shall 
be  required  by  which  more  than  one  hundred  dollars  shall  be 
required  to  be  paid  in  on  a  shg^e,  and  said  shares  shall  be  consid- 
ered in  all  respects  as  personal  property. 

Sect.  3.  That  the  holders  of  each  share  shall  be  entitled  to  one 
vote  for  each  share,  but  no  individual  stockholder  shall  be  entitled 
to  more  than  fifty  votes. 

Sect.  4.  That  the  first  meeting  of  said  corporation  may  be 
called  by  any  two  of  the  persons  named  in  this  Act,  by  giving 
notice  of  the  time  and  place  thereof  in  one  of  the  newspapers 
printed  in  Portland.     Approved,  February  11,  1834. 

Laws  of  1837,  Chap.  251. 

An  Act  additional  to  An  Act  to  incorporate  the  Portland  Mining  and  Railway 

Company. 

Be  it  enacted,    6^c.    That   the   stockholders   of    the   Portland 
Mining  and  Railway  Company  be  and  hereby  are  authorized  to 
3* 


30  ORRINGTON    CANAL    AND    RAILWAY    COMPANY. 

create  one  hundred  shares  of  one  hundred  dollars  each  in  addition 
to  the  present  stock  of  said  company.  Approved,  February  21, 
1837. 


ORRINGTON    CANAL   AND   RAILWAY   COMPANY. 

INCORPORATED    IN    MAINE    IN    1834. 

Chapter  494  of  the  Special  Laws  of  1834  contains  the  Charter. 

Sect.  1  grants  corporate  powers,  authorizing  them  to  make  by-laws  not  repugnant 
to  the  laws  of  the  State,  and  to  hold  real  and  personal  estate  to  the  amount  of 
$100,000. 

Sect.  2  empowers  the  Company  to  construct  a  canal  to  a  certain  point,  and  thence  to 
have  a  canal  or  railway,  as  they  shall  determine,  and  describes  the  route  ;  provided 
they  shall  not  take  water  for  the  canal  to  the  injury  of  persons  owning  water 
privileges. 

Sect.  3  grants  a  toll,  and  establishes  the  rates  of  toll ;  such  tolls  to  commence  and  be 
payable  when  any  part  of  the  canal  shall  be  passable ;  and  the  Company  shall 
have  a  lien  on  articles  transported  for  their  freight. 

Sect.  4  provides  that  any  person  wilfully  injuring  or  destroying  any  part  of  said 
canal,  or  diverting  or  obstructing  its  waters,  shall  pay  to  the  proprietors  treble  the 
amount  of  damages,  to  be  recovered  in  an  action. 

Sect.  5  authorizes  the  Company  to  erect  mills  and  machinery. 

Sect.  6  provides  that  the  damages  arising  from  the  location  and  construction  of  the 
canal,  when  not  agreed  upon,  shall  be  submitted  to  three  referees,  and  if  they 
disagree,  to  the  county  commissioners,  the  decision  of  either  to  be  final ;  the  pri- 
vate property  of  stockholders  shall  be  held  for  such  damages,  in  proportion  to  their 
interest  in  the  Company. 

Sect.  7  enacts  that  if  said  canal  shall  not  have  been  completed  within  three  years 
from  this  date,  the  Act  shall  be  void. 

Sect.  8  establishes  the  manner  of  organizing  the  Company. 


Laws  of  1834,  Chap.  494. 
An  Act  to  incorporate  the  Orrington  Canal  and  Railway  Company. 

Sect.  1.  Be  it  enacted,  Sec.  That  Samuel  Thatcher  junior,  Tim- 
othy George,  Nicholas  G.  Norcross,  and  Joseph  Doane,  with  their 
associates  and  successors  be  and  they  hereby  are  created  a  body 
politic  by  the  name  of  the  Orrington  Canal  and  Railway  Company 
with  power  to  sue  and  be  sued  ;  to  have  a  common  seal ;  to  make 
by-laws  for  the  proper  management  of  their  affairs  not  repugnant 
to  the  laws  of  the  State  ;  to  take  and  hold  real  and  personal  estate 


MAINE.  31 

to  the  amount  not  exceeding  one  hundred  thousand  dollars,  and 
exercise  all  the  powers  and  privileges  incident  to  similar  corpora- 
tions. 

Sect.  2.  That  the  proprietors  of  said  canal  and  railway,  shall 
have  power  to  lay  out  and  make  a  canal,  locks  and  dams  on  the 
route  beginning  at  or  near  the  foot  of  the  Great  Brewer  Pond  so 
called,  thence  extending  northerly  to  Timothy  George's  mills  in 
the  town  of  Orrington  in  the  county  of  Penobscot,  and  thence 
from  said  George's  mills  to  continue  said  canal  or  railway  on 
such  route  as  may  be  deemed  most  suitable  and  convenient  to  the 
Penobscot  River,  said  proprietors  to  use  the  water  from  said  ponds 
for  the  purpose  aforesaid.  Provided,  That  said  corporation  shall 
not  take  water  from  said  ponds  for  said  canal  to  the  injury  of 
persons  owning  water  privileges  connected  therewith. 

Sect.  3.  That  a  toll  shall  be  established  and  granted  for  the 
benefit  of  said  corporation,  according  to  the  rates  following,  to 
wit :  For  the  passage  of  pine  or  other  soft  wood  lumber  from  the 
head  of  said  canal  to  Timothy  George's  mills,  fifteen  cents  for 
each  and  every  thousand  feet,  board  measure ;  for  the  passage  of 
ash  plank  or  other  hard  wood  stuff",  twenty-five  cents,  for  each 
and  every  thousand  feet,  board  measure ;  for  each  ton  of  pine  or 
other  soft  wood  timber,  six  cents;  for  each  ton  of  hard  wood 
timber,  ten  cents ;  for  each  thousand  of  clapboards,  twelve  cents ; 
for  each  thousand  of  shingles,  two  cents ;  for  each  thousand  red 
oak  hogshead  staves,  twenty  cents ;  for  each  thousand  barrel 
staves,  fourteen  cents  ;  for  each  cord  of  wood  or  bark,  thirty  cents ; 
for  all  board  logs,  for  every  thousand  feet  board  measure,  sixteen 
cents ;  masts  and  bowsprits,  three  tons  each  and  over,  twenty 
cents ;  masts  and  bowsprits  under  three  tons  each,  fifteen  cents ; 
for  the  passage  of  each  boat  through  said  canal  for  each  ton 
weight  it  is  capable  of  carrying,  if  loaded,  twenty-five  cents,  and 
if  unloaded,  for  each  ton,  fifteen  cents;  and  so  in  proportion  for 
all  lumber,  goods,  merchandise  and  other  property  transported 
through  said  canal,  and  ten  cents  for  boats,  lumber  or  property  as 
before  described  for  each  lock  the  same  may  pass  in  addition  to 
the  toll  aforesaid.  And  the  following  rates  of  toll  are  hereby 
allowed  and  established  on  the  railway  or  canal  to  be  constructed 
from  George's  mills  to  the  Penobscot  River  as  follows  ;  for  the  pas- 
sage of  pine,  or  other  soft  wood  lumber,  twenty-five  cents,  for 
each  and  every  thousand  feet  board  measure ;  for  ash  plank  and 
other  hardwood  stuff",  thirty-seven  cents  for  each  and  every  thou- 


82  ORRINGTON    CANAL    AND    RAILWAY  COMPANY. 

sand  feet,  board  measure ;  for  each  ton  of  pine,  or  other  soft  wood 
timber,  eight  cents  ;  for  each  ton  of  hard  wood  timber,  twelve 
cents ;  for  each  thousand  clapboards,  eighteen  cents ;  for  each 
thousand  shingles,  three  cents  ;  for  each  thousand  red  oak  hogshead 
staves,  thirty  cents ;  for  each  thousand  barrel  staves,  eighteen  cents ; 
for  each  cord  of  wood  or  bark,  fifty  cents ;  for  all  board  logs,  for 
every  thousand  feet  board  measure,  twenty-five  cents  ;  masts  and 
bowsprits,  three  tons  each  and  over,  thirty  cents ;  masts  and  bow- 
sprits under  three  tons  each,  twenty  cents;  and  for  the  passage  of 
each  boat  through  said  canal  for  each  ton  weight  it  is  capable  of 
carrying,  if  loaded,  forty  cents,  if  unloaded,  for  each  ton  weight, 
twenty-five  cents ;  and  so  in  proportion  for  all  lumber,  goods,  mer- 
chandise and  other  property  transported  through  said  canal  or 
Railway  ;  and  for  all  boats  or  other  property  passing  through  each 
lock,  ten  cents  in  addition  to  the  tolls  aforesaid;  which  toll  shall 
commence  and  be  payable  when  any  part  of  said  canal  or  locks 
shall  be  passable  for  any  of  the  articles  aforesaid.  And  the  said 
proprietors  shall  have  a  lien  upoi>  the  property  which  may  pass 
through  said  locks  and  canal  or  railway,  for  the  payment  of  the 
toll  due  and  payable  thereon  according  to  the  rates  of  toll  above 
specified. 

Sect.  4.  That  if  any  person  or  persons  shall  wilfully  or  mis- 
chievously destroy  or  injure  said  canal  or  any  part  thereof  or 
diA^ert  or  obstruct  the  waters  of  the  same,  to  the  damage  of  the 
proprietors  thereof,  he  or  they  shall  pay  treble  the  amount  of  such 
damage  as  the  said  proprietors  may  sustain  by  reason  of  said  tres- 
pass, to  be  recovered  before  any  court  competent  to  try  the  same. 

Skct.  5.  That  the  said  corporation  be  and  hereby  are  empow- 
ered to  erect  any  mills  or  machinery  on  any  part  of  said  canal 
below  George's  mills,  at  or  near  such  dams  as  they  may  construct 
for  the  use  of  said  canals. 

Sect.  6.  That  if  any  person  or  persons  shall  have  sustained 
injury  by  the  location  and  construction  of  said  canals  and  in  case 
of  any  disagreement  between  such  person  or  persons  and  said 
corporation,  the  subject  of  the  damages  shall  be  submitted  to  three 
disinterested  persons  ;  and  in  case  said  referees  should  be  unable  to 
agree,  the  same  to  be  submitted  to  the  court  of  county  commis- 
sioners of  the  county  of  Penobscot,  the  decision  of  either  tribunal 
to  be  obligatory  and  final.  And  the  private  property  of  the  indi- 
viduals concerned  in  the  incorporation  shall  be  holden  for  damages, 
to  an  amount  equal  to  their  respective  interest  therein. 


MAINE.  33 

Sect.  7.  That  if  the  said  proprietors  shall  neglect  or  refuse,  for 
the  space  of  three  years  after  the  passing  of  this  Act,  to  open  and 
complete  said  canal,  then  this  Act  shall  be  void. 

Sect.  8.  That  any  two  of  the  persons  named  in  this  Act  are 
authorized  to  call  the  first  meeting  of  the  corporation,  by  giving 
fourteen  days  notice,  in  some  newspaper  printed  in  Bangor  in  said 
county  of  Penobscot,  previous  to  the  time  of  said  meeting.  Ap- 
proved March  8,  1S34. 


UNION   RIVER   CANAL   AND   RAILWAY   COMPANY. 

Chapter  495  of  the  Special  Laws  of  1834  contains  the  Charte?: 

Sect.  1  grants  corporate  powers,  for  the  purpose  of  improving  the  navigation  of 

Union  River,  and  of  opening  communication  from  the  Falls  to  the  tide  waters  on 

the  river. 
Sect.  2  empowers  them  to  take  and  hold  real  and  personal  estate  not  exceeding 

$75,000,  to  construct  a  canal  or  railway,  or  locks  and  sluices,  being  restricted  to 

the  objects  of  this  grant;  and  to  use,  if  they  construct  a  canal,  the  waters  of  said 

river  therefor,  provided  mill  logs  be  allowed  to  pass  unobstructed,  and  if  locks  are 

erected,  free  from  toll. 
Sect.  3  grants  a  toll,  and  establishes  the  rates  of  toll ;  said  tolls  to  commence  when 

the  works  are  completed,  and  the  corporation  to  have  a  lien  on  articles  transported 

for  their  freight. 
Sect.  4  provides  that  any  person  wilfully  destroying  said  works,  or  diverting  or 

obstructing  the  waters,  shall  pay  to  the  Company  treble  the  amount  of  damages, 

to  be  recovered  in  an  action. 
Sect.  5  directs  that  damages  occasioned  by  the  construction  of  these  works  shall  be 

assessed,  if  not  agreed  upon,  by  three  disinterested  referees,  and  if  they  cannot 

agree,  by  the  coxinty  commissioners  for  the  county  of  Hancock. 
Sect.  6  provides,  if  said  works  shall  not  be  completed  in  six  years  herefrom,  that 

this  Act  shall  be  void. 
Sect.  7  establishes  the  manner  of  organizing  the  Company. 


An  Act  to  incorporate  the  Union  River  Canal  and  Railway  Company. 

Sect.  1.  Be  it  enacted,  (^'c,  That  Joseph  Otis,  James  Whiting, 
Jesse  Button  Junior,  Joseph  A.  Wood,  Francis  Warner,  William 
W.  Chase,  Solomon  Jordan,  John  C.  Jordan,  Charles  Peters,  An- 
drew Peters,  Jeremiah  Jordan,  Jesse  Button,  and  Alfred  Langdon, 
with  their  associates  and  successors,  be  and  they  hereby  are, 
created  a  body  politic  by  the  name  of  the  Union  River  Canal  and 
Railway  Company,  for  the  purpose  of  improving  the  navigation  of 


34  UNION   RIVER   CANAL   AND   RAILROAD    COMPANY. 

the  Union  River,  and  to  open  an  easy  communication  from  the  head 
of  the  Falls  on  said  river  to  the  tide  waters  on  the  same  with  power 
to  sue  and  be  sued,  have  a  common  seal,  and  make  any  by-laws 
for  the  management  of  their  aftairs  not  repugnant  to  the  laws  of 
the  State,  and  to  exercise  all  the  powers  and  privileges  mcident  to 
similar  corporations. 

Sect.  2.  That  said  company  shall  have  power  to  take  and  hold 
real  and  personal  estate  to  an  amount  not  exceeding  seventy  five 
thousand  dollars,  to  lay  out  and  survey  either  a  canal  or  railway, 
or  to  construct  locks  and  sluices,  as  may  be  deemed  hereafter  most 
convenient  and  beneficial  for  opening  an  easy  communication  from 
the  head  of  the  Falls  on  Union  River  to  the  tide  waters  of  the 
same,  in  the  county  of  Hancock;  but  the  said  corporation  are 
hereby  restricted  in  their  powers,  either  to  construct  locks  and 
sluices,  or  to  make  a  canal  or  railway  as  they  shall  hereafter 
select,  to  accomplish  the  objects  of  this  grant  —  And  in  case 
said  corporation  should  construct  a  canal,  instead  of  a  railway,  or 
locks  and  sluices,  they  shall  have  power  to  use  the  v/aters  of  said 
stream  for  the  purposes  aforesaid  —  Provided  always,  That  the 
passage  of  the  mill  logs  down  the  river,  shall  not  be  prevented  and 
in  case  of  the  erection  of  locks,  a  passage  shall  be  allowed  them 
free  of  toll. 

Sect.  3.  That  a  toll  be,  and  hereby  is,  granted  for  the  benefit  of 
said  corporation,  according  to  the  following  rates;  to  wit:  for  the 
passage  of  pine,  hemlock,  or  spruce  lumber,  fifty  cents  for  each 
and  every  thousand  feet  board  measure ;  for  ash  plank  and  other 
hard  wood  stuff",  seventy  five  cents  for  each  and  every  thousand 
board  measure ;  for  each  ton  of  pine  timber,  twelve  cents ;  hard 
wood  timber,  seventeen  cents  per  ton  ;  each  thousand  of  clapboards, 
thirty  cents ;  each  thousand  of  shingles,  three  cents  ;  each  thousand 
of  red  oak  hogshead  staves,  forty  cents;  each  thousand  barrel 
staves,  twenty  five  cents;  each  cord  of  wood  or  bark,  fifty  cents ; 
every  thousand  feet  board  logs,  board  measure,  thirty-five  cents ; 
masts  and  bowsprits  three  tons  each  and  over,  fifty  cents ;  masts 
and  bowsprits  under  three  tons  each,  thirty  five  cents ;  and  for  the 
passage  of  each  boat,  for  each  ton  of  weight  it  is  capable  of  carry- 
ing, if  loaded,  sixty  cents ;  if  unloaded,  for  each  ton,  thirty-five 
cents;  and  so  on  in  proportion  for  all  lumber,  goods,  merchandise, 
and  other  property  transported  from  the  head  of  said  Falls  to  the 
tide  waters  aforesaid,  through  either  of  said  works  which  may  be 
constructed  ;  the  said  tolls  to  commence  when  either  of  the  above- 


MAINE.  35 

mentioned  works  shall  have  been  completed  and  ready  for  the 
passage  of  any  of  the  articles  aforesaid.  And  the  said  corpora- 
tion shall  have  a  lien  on  the  property  which  may  pass  through 
and  be  transported  to  said  tide  waters,  by  means  of  said  works,  for 
the  payment  of  the  toll  due  and  payable  thereon,  according  to  the 
rates  above  specified.  Provided  ahvays,  That  the  foregoing  rate 
of  tolls  may  be  hereafter  modified  at  the  pleasure  of  the  Legis- 
lature. 

Sect.  4.  That  if  any  person  or  persons  shall  wilfully  or  mali- 
ciously destroy  any  part  of  said  works  or  divert  or  obstruct  the 
waters  of  the  same  to  the  damage  of  said  company,  he  or  they 
shall  pay  treble  the  amount  of  such  damage  as  the  said  proprietors 
may  sustain  by  reason  of  the  said  trespass,  to  be  recovered  before 
any  court  of  competent  jurisdiction. 

Sect.  5.  That  if  any  person  or  persons  shall  have  sustained 
injury  by  the  location  and  construction  of  the  canal,  locks,  sluices, 
or  railway  as  aforesaid,  or  by  reason  of  the  building  of  either,  and 
in  case  of  any  disagreement  between  such  person  or  persons  and 
said  corporation,  the  subject  of  the  damages  shall  be  submitted  to 
three  disinterested  freeholders  in  the  same  county  ;  and  in  case  of 
their  being  unable  to  agree,  the  same  to  be  submitted  to  the  court 
of  county  commissioners  for  the  county  of  Hancock,  the  decision 
of  either  tribunal  to  be  binding  and  final. 

Sect.  6.  That  if  the  said  company  shall  neglect  or  refuse  for 
the  space  of  six  years  from  and  after  the  passage  of  this  Act,  to 
open,  construct,  and  complete  either  of  the  said  works  contem- 
plated by  this  Act,  then  this  Act  shall  be  void. 

Sect.  7.  That  any  three  of  the  persons  named  in  this  Act,  are 
authorized  to  call  the  first  meeting  of  the  corporation,  by  giving 
fourteen  days  notice  in  some  newspaper  printed  in  said  county  of 
Hancock,  prior  to  the  said  meeting.     Apjjroved,  March  8,  1834. 


THE   BRUNSWICK   RAILROAD   COilPANY. 
INCORPORATED    IN    MAINE    IN    1835. 

Chapter  610  of  the  Special  Lmws  of  1835  contains  the  Charter. 

Sect.  1  grants  corporate  powers. 

Sect.  2  vests  th.e  powers  in  five  directors,  to  be  chosen  annually. 


36  THE   BRUNSWICK   RAILROAD    COMPANY. 

Sect.  3  provides  that  the  Directors  shall  annually  elect  officers,  and  make  by-laws. 
Sect.  4  authorizes  the  Company  to  construct  a  railroad  on  the  route  described,  and 

to  take  land  necessary  therefor,  by  paying  damages  occasioned  thereby. 
Sect.  5  provides  that  the  damages  shall  be  estimated  independently  of  this  Act ;  and 

when  land  of  an  infant  or  person  non  compos  mentis  shall  be  taken,  the  guardian 

may  release  the  same. 
Sect.   6  provides  that  the  capital  stock  shall  be  $40,000,  in  shares  of  $100  each; 

each  share,  to  the  number  of  20,  shall  entitle  the  holder  to  one  vote. 
Sect.  7  authorizes  the  Company  to  establish  rates  of  toll,  subject  to  being  reduced, 

after  10  years  from  the  completion  of  the  road,  by  the  Legislature. 
Sect.  8  provides,  if  said  road  cross  a  public  highway,  that  it  shall  be  so  constructed 

as  not  to  obstruct  it. 
Sect.  9  directs  the  mode  of  calling  the  first  meeting  of  the  Company. 
Sect.  10  provides,  if  the  road  be  not  completed  within  five  years  herefrom,  that  this 

Act  shall  be  void. 
Sect.  1 1  requires  the  Company,  after  commencing  to  receive  tolls,  to  keep  the  road 

in  good  repair,  jirovide  suitable  vehicles,  and  transport  all  persons  and  property 

thereon,  toll  being  first  paid  or  tendered. 


An  Act  to  incorporate  the  Brunswick  Railroad  Company. 

Sect.  1.  Beii  enacted,  <^'c.  That  Elijah  P.  Pike,  Nathaniel  Davis, 
Alfred  J.  Stone,  Charles  Stetson,  Roger  Merrill,  Jordan  Woodward, 
Benjamin  Pennell,  John  S.  Gushing  and  Solomon  P.  Cushman, 
their  associates,  successors,  and  assigns  be  and  they  hereby  are 
made  a  body  politic  and  corporate  by  the  name  of  the  Brunswick 
Railroad  Company,  with  all  the  powers  and  privileges  incident 
to  similar  corporations,  so  far  as  may  be  necessary  to  carry  into 
effect  all  the  purposes  of  this  Act. 

Sect.  2.  That  the  powers  of  said  company  shall,  except  at  any 
legal  meeting  thereof  be  vested  in  a  board  of  not  less  than  five 
directors,  who  shall  be  chosen  at  the  first  meeting  of  the  company, 
and  shall  afterwards  be  chosen  annually  at  such  time  as  their  by- 
laws may  determine,  and  shall  hold  their  offices  for  one  year  and 
until  others  are  chosen  and  qualified  in  their  stead. 

Sect.  3.  That  the  directors  shall  annually  elect  a  president, 
secretary,  treasurer,  and  any  other  officers  which  their  by-laws 
may  prescribe,  and  the  company  may  establish  such  by-laws  as 
they  may  see  fit,  not  repugnant  to  the  laws  of  the  State. 

Sect.  4.  That  the  said  company  may,  and  they  hereby  are 
authorized  to  locate  and  construct  a  railroad,  from  the  Andros- 
coggin River  near  Brunswick  village  to  some  navigable  waters  of 
the  Casco  Bay,  with  one  or  more  branches,  as  said  company  may 
find  most  expedient,  and  for  this  purpose  the  company  are  author- 


MAINE.  37 

ized  to  locate  the  road  four  rods  wide,  and  for  the  purpose  of  cutting 
embankments  and  for  procuring  stone  and  gravel,  may  take  as 
much  more  land  as  may  be  necessary  for  the  construction  of  the 
said  road.  Provided  however  —  that  all  damages  which  may  be 
occasioned  to  any  person  or  corporations  by  the  taking  of  such 
land  or  materials  for  the  purposes  aforesaid  shall  be  paid  for  by  the 
corporation. 

Sect.  5.  That  all  damages  claimed  or  adjudged  for  the  taking 
and  use  of  materials,  land,  or  other  estate,  by  virtue  of  this  Act, 
shall  be  estimated  according  to  the  vakie  wliich  they  possessed 
independently  of  the  effect  of  this  Act.  And  when  the  lands  or 
other  property  of  any  infant  or  person  7wn  compos  mentis,  shall 
be  taken  or  damaged,  for  the  purposes  of  this  Act,  the  guardian  of 
such  person  may  settle  and  discharge  all  damages  or  claim  for 
damages  in  relation  thereto. 

Sect.  6.  That  the  capital  stock  of  said  company  may  consist 
of  forty  thousand  dollars,  and  shall  be  divided  into  shares  of 
one  hundred  dollars  each,  and  each  share  shall  entitle  the  holder 
thereof  to  one  vote ;  Provided  no  member  shall  be  allowed  more 
than  twenty  votes. 

Sect.  7.  That  the  said  company  shall  have  power  from  time  to 
time  to  establish,  demand,  and  collect  such  rates  of  toll  for  the 
transportation  of  persons,  goods,  wares,  and  merchandise,  or  any 
article  on  said  road  as  they  may  see  fit;  Provided,  however,  that  at 
any  time  after  ten  years  from  the  completion  of  said  road  the 
legislature  may  reduce  said  rates  of  toll  at  its  pleasure. 

Sect.  8.  That  if  the  said  railroad  shall  pass  any  public  high- 
way, the  road  shall  be  so  constructed  as  not  to  injure  or  obstruct 
the  safe  conveyance  on  said  public  way. 

Sect.  9.  That  the  first  meeting  of  said  corporation  may  be  called 
by  Elijah  P.  Pike  or  Nathaniel  Davis  by  posting  up  notifications  of 
the  time  and  place  thereof  in  two  public  places  in  said  town  of 
Brunswick,  seven  days  prior  to  the  time  of  said  meeting. 

Sect.  10.  That  unless  said  railway  be  completed  within  five 
years  from  the  passing  of  this  Act,  then  this  grant  shall  be  void. 

Sect.  11.  That  said  corporation  shall  constantly  from,  and  after 
the  time  when  they  commenced  the  taking  of  toll  for  transporting 
any  of  the  articles  aforesaid,  have  and  maintain  in  good  repair  and 
fit  for  use  a  good  and  convenient  railroad,  constructed  of  suitable 
materials  and  provide  fit  vehicles  and  carriages,  with  all  necessary 
apparatus  for  the  safe  and  speedy  conveyance  of  all  such  articles 
4 


38  THE    WATERVILLE    AND    FAIRFIELD    RAILWAY    COMPANY. 

as  they  may  be  required  to  transport  on  said  railway ;  and  shall  be 
held  and  obliged  to  take  charge  of,  and  convey  the  same  accord- 
ingly, the  toll  therefor  being  first  paid  or  tendered.  Approved^ 
March  24,  1835. 


THE    WATERVILLE   AND   FAIEFIELD    RAILWAY   COMPANY. 
INCORPORATED    IN    MAINE    IN    1835. 

Chapter  611  o/"  the  Special  Laws  of  1835  contains  the  Charter. 

Sect.  1  grants  corporate  powers,  for  thirty  years  herefrom. 

Sect.  2  authorizes  the  Company  to  construct  a  railroad  on  the  route  described,  pro- 
vided they  pay  damages  sustained  by  persons  thereby. 

Sect.  3  provides  that  the  capital  stock  shall  consist  of  500  shares,  and  vests  the  gov- 
ernment in  not  more  than  nine  nor  less  than  five  directors,  who  shall  choose  a 
president  and  other  necessary  ofiicers. 

Sect.  4  authorizes  the  Company  to  purchase  and  hold  necessary  lands,  and  make 
assessments  on  shares. 

Sect.  5  fixes  the  time  of  the  annual  meeting,  when  directors  shall  be  chosen. 

Sect.  6  requires  the  road,  where  it  crosses  any  public  way,  to  be  so  constructed  as 
not  to  impede  the  use  thereof ;  but  it  shall  not  prevent  the  laying  out  of  public 
ways. 

Sect.  7  grants  to  the  corporation  a  toll  as  there  provided,  and  requires  them,  after 
commencing  to  receive  tolls,  to  transport  persons  and  property  therein  ;  the  rates 
of  toll  may  be  altered  by  the  legislature  ;  this  grant  shall  be  void,  if  the  road  be 
not  constructed  within  five  years  herefrom. 

Sect.  8  directs  the  mode  of  calling  the  first  meeting  of  stockholders,  when  directors 
shall  be  chosen  ;  the  Legislature  shall  not  alter  this  Act  within  ten  years  herefrom. 


Laws  of  1835,  Chap.  611. 
An  Act  to  incorporate  the  Waterville  and  Fairfield  Railway  Company. 

Sect.  1.  Be  it  enacted^  ^*c.  That'^bijah  Smith,  Jedediah  Mor- 
rill, Zebulon  Sanger,  Samuel  Appleton,  Simeon  Matthews,  William 
Pearson,  John  Kendall,  Joseph  Banks,  David  Page,  Ebenezer 
Bolkcom,  Jonas  Parlin  Jr.,  Samuel  Weston,  John  W.  Weston,  Asa 
Wyman,  A.  Z.  Littlefield,  John  G.  Neil,  Joseph  Patten,  Samuel 
Philbrick,  Ebenezer  H.  Neil,  Samuel  Soule,  Edmund  Pearson  and 
Philander  Coburn  —  with  their  associates,  successors,  and  assigns, 
be  and  hereby  are  created  a  Corporation  by  the  name  of  the  Wa- 
terville and  Fairfield  Railway  Company,  and  shall  so  continue  for 
the  space  of  thirty  years  from  the  passing  of  this  Act,  and  by  that 


MAINE.  89 

name  may  sue  and  be  sued,  use  a  common  seal,  and  shall  have  all 
the  powers  and  immunities  necessary  to  carry  the  purposes  of  this 
Act  into  effect. 

Sect.  2.  That  said  corporation  is  authorized  to  locate,  construct, 
and  maintain  a  railway  from  some  point  in  or  near  the  village  at 
Kendall's  Mills  in  Fairfield  in  the  county  of  Somerset,  and  extend- 
ing the  same  to  some  point  in  or  near  the  village  in  Waterville  in 
the  county  of  Kennebec,  in  such  mode  as  said  corporation  may 
deem  most  expedient;  to  lay  out  such  way  as  wide  as  may  be 
necessary  for  the  convenient  use  of  said  railway.  Provided^ 
That  said  corporation  shall  be  holden  to  pay  all  persons  and  cor- 
porations the  damages  they  may  sustain  by  the  location  and 
making  aforesaid,  to  be  estimated  and  recovered  in  the  manner 
provided  by  law  for  recovering  damages  by  reason  of  the  laying  out 
of  highways. 

Sect.  3.  That  the  capital  stock  of  said  corporation  shall  consist 
of  five  hundred  shares.  The  government  and  direction  of  the 
aff'airs  of  said  corporation  shall  be  vested  in  not  more  than  nine 
nor  less  than  five  directors,  who  shall  hold  their  office  for  one 
year,  and  until  others  are  chosen  in  their  room,  and  a  majority  of 
them  shall  constitute  a  quorum  for  transacting  business.  They 
shall  elect  one  of  their  number  president  of  the  board  of  directors 
and  of  the  corporation.  Said  corporation  may  choose  all  other 
necessary  officers,  and  may  make  necessary  by-laws  for  the  man- 
agement of  their  aflfairs  not  repugnant  to  the  laws  of  the  State. 

Sect.  4.  That  said  corporation  may  purchase  and  hold  land  and 
all  other  things  necessary  for  the  construction  and  use  of  said  rail- 
way, and  make  assessments  on  the  shares  and  collect  the  same  as 
may  be  provided  in  their  by-laws. 

Sect.  5.  That  the  annual  meeting  of  the  members  of  said  cor- 
poration shall  be  holden  on  the  second  Tuesday  of  January,  at 
such  hour  and  place  as  the  directors  shall  designate,  at  which 
meeting  the  directors  shall  be  chosen  by  ballot  allowing  one  vote 
to  every  share,  but  no  member  to  be  allowed  more  than  thirty 
votes. 

Sect.  6.  That  if  said  railway  shall  cross  any  public  way,  it 
shall  be  so  constructed  as  not  to  obstruct  the  safe  and  convenient 
use  of  the  same.  And  this  Act  shall  not  be  so  construed  as  to 
prevent  the  county  commissioners  or  the  selectmen  of  either  of 
the  towns  of  Waterville  or  Fairfield  from  laying  out  public  ways, 
whenever  common  convenience  and  necessity  shall  require  the  same. 


40  HANCOCK  And  penobscot  railroad  company. 

Sect.  7.  That  there  is  hereby  granted  to  said  corporation  a  toll 
for  the  articles  conveyed  upon  said  railway  at  the  following  rates, 
viz.  :  —  For  transporting  the  whole  distance  of  said  railway,  boards 
and  plank  per  thousand  feet,  board  measure,  forty  cents;  clap- 
boards per  thousand,  thirty-five  cents;  shingles  per  thousand,  ten 
cents;  lath  per  thousand,  twelve  cents;  goods  or  merchandise 
per  ton,  fifty  cents  ;  screwed  hay  per  ton,  seventy-five  cents ;  bark 
per  cord,  fifty  cents  ;  bags  containing  two  bushels  of  salt,  grain  or 
other  articles,  six  cents  each;  and  for  each  passenger,  twenty-five 
cents.  And  said  corporation,  after  they  shall  commence  receiving 
tolls,  shall  be  bound  at  all  times  to  have  said  railway  in  good 
repair  and  a  sufficient  number  of  suitable  carriages  and  vehicles 
for  the  transportation  of  articles,  and  be  obliged  to  receive  and 
convey  the  same  whenever  the  proper  tolls  therefor  shall  be  paid 
or  tendered.  And  the  rates  of  toll  shall  be  subject  to  be  altered 
and  regulated  at  the  pleasure  of  the  legislature.  But  this  grant 
shall  be  void  unless  said  railway  shall  be  constructed  and  finished 
within  five  years  from  the  time  said  Act  shall  take  effect. 

Sect.  8.  That  the  three  persons  first  named  in  this  Act  or  any 
one  of  them  are  authorized  to  call  the  first  meeting  of  the  corpora- 
tion by  publishing  the  time  and  place  thereof  three  weeks  success- 
ively in  some  newspaper  printed  in  the  county  of  Kennebec  at 
which  meeting  directors  may  be  chosen  and  all  other  corporation 
business  transacted.  And  the  legislature  shall  not  have  the  right 
to  restrict  or  annul  the  provisions  of  this  Act  till  after  the  expira- 
tion of  ten  years  from  the  passing  of  the  same.  Approved^  March 
24,  1835. 


HANCOCK   AXD    PENOBSCOT    EAILEOAD    COMPANY. 

INCORPORATED    IN    MAINE    IN    1S36. 

Chapter  61  of  the  Special  Laics  of  1836  contains  the  charter. 

Sect.  1  grants  corporate  powers,  and  describes  the  route,  and  makes  this  Act  subject 

to  the  general  Act  of  this  State  respecting  Railroads. 
Sect.  2  vests  the  government  in  thirteen  Directors,  to  be  chosen  at  the  annual  meeting. 
Sect.  3  authorizes  the  Company  to  make  bj'-laws  not  repugnant  to  the  laws  of  the 

State,  and  provides  for  the  choice  of  officers. 
Sect.  4  enacts  that  this  Act  shall  be  void,  if  the  route  be  not  surveyed,  location  filed, 

and  the  stock  taken  up  by  the  first  Wednesday  of  January,  1837,  and  half  the  dis- 


MAINE.  41 

tance  grubbed  within  two  years  and  graded  witbin  four  years,  and  imless  the  road 
be  in  operation  within  six  years  from  the  passing  of  this  Act. 

Sect.  5  provides  that  the  capital  stock  shall  be  $500,000,  di-vided  into  shares  of  $500 
each,  no  member  being  allowed  more  than  thirty  votes  ;  that  books  for  subscrip- 
tion to  the  stock  shall  be  opened  for  thirty  days,  public  notice  having  been  pre- 
viously given ;  if  the  amount  subscribed  shall  exceed  $500,000,  it  shall  be  distri- 
buted among  the  subscribers,  according  to  regulations  i^reviously  prescribed. 

Sect.  6  authorizes  them  to  collect  toUs,  and  requires  them  to  keep  the  road  in  good 
repair,  to  provide  suitable  carriages  and  to  transport  passengers  and  goods,  provi- 
ded the  tolls  for  the  latter  shall  not  exceed  10  cents  per  ton  per  mile,  and  that 
whenever  the  net  profits  shall  exceed  12  per  cent,  per  annum  on  the  cost  of  the 
road,  the  Legislature  may  reduce  the  rates  of  toll  to  that  sum  ;  and  that  the  Cor- 
poration shall,  after  the  road  has  been  in  operation  for  twelve  months,  report  to 
the  Governor  and  Council  the  cost  of  the  road,  their  disbursements,  rates  of 
toll,  amount  of  tolls  received,  and  the  rate  of  profit  realized  within  the  year ;  and 
the  Legislature  may  inquire  into  their  affairs,  and  reduce  the  rates  of  toll  to  12 
per  cent,  if  expedient. 

Sect.  7  authorizes  the  Company  to  hold  sufficient  real  estate  for  the  use  of  the  road, 
and  to  make  assessments  on  the  shares. 

Sect.  8  provides  that  "An  Act  concerning  Corporations, "  passed  March  17,  1831, 
shall  not  apply  to  this  Company. 

Sect.  9  directs  the  mode  of  organization. 

Sect.  10  provides,  that  any  person  wilfully  placing  obstructions  on  the  road,  or  injur- 
ing the  Company's  property  or  any  thing  used  in  the  construction  of  the  road, 
or  any  person  abetting  therein,  shall  forfeit  to  the  Company  treble  the  amount  of 
damages,  to  be  recovered  in  an  action ;  and  shall  be  liable  to  indictment,  and  fine 
or  imprisonment. 


Laws  of  1836,  Chap.  61. 
An  Act  to  incorporate  the  Hancock  and  Penobscot  Railroad  Company. 

Sect.  1.  Be  it  enacted^  ^'c.  That  Daniel  Waldo  and  his  asso- 
ciates in  Maine,  Massachusetts  and  New  York,  their  successors 
and  assigns,  be  and  they  hereby  are  made  a  body  politic  and  cor- 
porate by  the  name  of  the  Hancock  and  Penobscot  Railroad  Com- 
pany, and  by  that  name  shall  have  power  to  prosecute  and  defend 
suits  at  law,  to  have  and  use  a  common  seal,  and  generally  to  have 
and  enjoy  all  the  powers  and  privileges,  incident  to  similar  corpor- 
ations, so  far  as  the  same  may  be  necessary  to  carry  into  effect  the 
purposes  of  this  Act;  and  they  are  hereby  authorized  to  locate, 
construct  and  maintain  a  railroad,  from  such  a  point  on  French- 
man's Bay  through  Ellsworth  to  such  a  point  on  Penobscot  River 
at  or  near  Brewer,  as  shall  be  most  expedient,  with  the  rights  and 
powers,  and  subject  to  all  the  provisions,  restrictions,  and  limita- 

4* 


42  HANCOCK    AND    PENOBSCOT   RAILROAD    COMPANY. 

tions,  that  are  contained  in  the  general  Act  of  this  State,  defining 
certain  rights  and  duties  of  railroad  corporations. 

Sect.  2.  That  the  powers  of  the  company  except  at  the  legal 
meetings  thereof,  shall  be  vested  in  a  board  of  not  less  than  thir- 
teen directors,  who  shall  be  chosen  at  the  first  meeting  of  the 
company,  and  shall  afterwards  be  chosen  annually  at  such  time 
as  the  by-laws  of  the  company  may  determine,  and  shall  hold 
their  offices  for  one  year,  and  until  others  shall  be  chosen  in  their 
stead. 

Sect.  3.  That  the  company  shall  have  power  to  establish  any 
by-laws  not  repugnant  to  the  laws  of  this  State,  and  the  directors 
shall  annually  elect  from  their  own  number  a  president,  secretary, 
treasurer,  and  such  other  officers  as  the  said  by-laws  may  pre- 
scribe, and  shall  have  power  for  the  benefit  of  the  stockholders,  to 
employ  and  invest  the  proceeds  of  the  railroad  as  they  may  see 
fit. 

Sect.  4.  That  this  grant  shall  be  void  unless  the  route  of  said 
railroad  shall  be  surveyed  and  a  return  made  to  the  county  com- 
missioners, and  also  the  governor  and  council,  and  the  stock  taken 
up  by  the  first  Wednesday  of  January  next,  and  half  the  distance 
at  least  of  the  whole  route  grubbed  within  two  years,  and  graded 
within  four  years,  and  unless  said  railroad  shall  be  in  operation 
within  six  years  from  the  passing  of  this  Act. 

Sect.  5.  That  the  capital  stock  of  said  company  may  consist 
of  five  hundred  thousand  dollars  and  shall  be  divided  into  shares  of 
five  hundred  dollars  each  ;  and  each  share  shall  be  entitled  to  one 
vote.  Provided^  no  member  shall  be  allowed  more  than  thirty 
votes.  And  that  it  shall  be  the  duty  of  said  company  to  cause 
books  to  be  opehed  at  New  York,  Boston  and  Bangor,  and  to  be 
kept  open  for  the  term  of  thirty  days  for  subscription  to  said  stock, 
and  notice  thereof  to  be  given  in  some  public  newspaper  in  each 
of  said  places  during  said  term  ;  and  in  case  the  amount  subscribed 
shall  exceed  five  hundred  thousand  dollars,  the  same  shall  be  dis- 
tributed among  all  the  subscribers  according  to  such  regulations  as 
the  persons  having  charge  of  the  opening  of  the  subscription  books 
shall  prescribe  before  the  opening  of  said  books. 

Sect.  6.  That  the  company  may  from  time  to  time,  establish, 
demand  and  collect  such  tolls  for  the  transportation  of  persons, 
goods,  wares  and  merchandise,  or  any  article  on  said  railroad  as 
they  may  see  fit.     And  after  they  shall  commence  the  receiving 


MAINE.  43 

of  tolls,  shall  be  bound  at  all  times  to  have  said  railroad  in  good 
repair,  and  a  sufficient  number  of  suitable  carriages  and  vehicles 
for  the  transportation  of  persons  and  articles,  and  be  obliged  at 
proper  times  and  places  to  receive  and  convey  the  same  when  the 
appropriate  tolls  therefor  shall  be  paid  or  tendered.  Provided  that 
the  tolls  aforesaid  shall  not  exceed  ten  cents  per  ton  for  each  mile 
for  such  goods  wares  and  merchandise;  and  Provided  further, 
whenever  the  profits  arising  from  tolls,  or  otherwise,  shall  exceed 
the  amount  of  twelve  per  cent,  per  annum  on  the  actual  cost  of 
said  railroad,  after  deducting  all  necessary  disbursements  in  con- 
ducting its  operations,  then  the  legislature  shall  from  time  to  time 
have  the  right  so  to  reduce  such  tolls  as  may  have  been  established, 
not  below  twelve  per  centum  per  annum  as  aforesaid,  as  may  be 
judged  expedient.  And  to  carry  this  provision  into  effect,  it  shall 
be  the  duty  of  said  corporation,  within  twelve  months  after  such 
railroad  shall  have  been  put  in  operation,  or  any  section  thereof, 
to  make  return  to  the  governor  and  council  of  the  actual  cost  of 
said  railroad,  or  section,  and  annually  thereafter,  of  all  the  dis- 
bursements allowed  by  the  directors,  and  the  rates  of  toll  by  them 
established,  the  amount  of  tolls  and  other  profits  received,  and  the 
rate  of  profit,  or  per  centum  on  the  cost  aforesaid  actually  realized 
within  the  year.  And  if  the  legislature  shall  not  be  satisfied  with 
such  return,  the  legislature  may  require  an  examination  into  the 
affairs  of  the  corporation  in  such  manner  as  they  shall  direct. 
And  if  it  shall  appear  that  the  affairs  of  said  corporation  have  not 
been  economically  conducted,  and  that  the  profits  arising  from  tolls 
or  otherwise  might  have  exceeded  the  maximum  of  twelve  per 
centum  per  annum,  or  that  any  wilful  evasion  of  the  provisions  of 
this  section  has  been  practised  by  said  corporation,  then  the  leg- 
islature shall  have  the  right  to  make  such  reasonable  reductions 
of  the  charges  for  disbursement  aforesaid,  allowed  and  charged  by 
the  said  directors,  as  shall  be  judged  economical,  and  from,  such 
basis  so  to  reduce  the  tolls  and  profits,  not  however  below  twelve 
per  centum  per  annum,  as  aforesaid,  as  shall  be  judged  expedient, 
any  thing  in  this  Act  to  the  contrary  notwithstanding. 

Sect.  7.  That  the  company  may  purchase  and  hold  such  land 
and  other  property  as  may  be  necessary  for  the  construction  and 
use  of  said  railroad,  and  may  make  assessments  on  the  shares  and 
collect  the  same,  in  such  manner  as  may  be  prescribed  in  their  by- 
laws, 


44  HANCOCK   AND   PENOBSCOT  RAILROAD   COMPANY. 

Sect.  8.  That  the  provisions  of  an  Act  entitled  "  An  Act  con- 
cerning Corporations  "  passed  March  17,  1831,  shall  not  extend  or 
apply  to  the  company  hereby  incorporated. 

Sect.  9.  That  the  first  meeting  of  the  company  may  be  called 
by  Daniel  Waldo,  by  publishing  the  notice  of  such  meeting  three 
weeks  successively  in  some  newspaper  printed  in  the  county  of 
Hancock  or  Penobscot,  also  in  some  newspaper  printed  in  the  city 
of  Boston,  also  in  some  newspaper  printed  in  the  city  of  New 
York  —  the  last  publication  to  be  ten  days,  at  least,  before  the  time 
appointed  for  such  meeting. 

Sect.  10.  That  if  any  person  shall  wilfully  and  maliciously,  or 
wantonly  and  contrary  to  law  obstruct  the  passage  of  any  carriage 
on  said  railroad,  or  in  any  way  spoil,  injure  or  destroy  said  rail- 
road, or  any  part  thereof,  or  any  thing  belonging  thereto,  or  any 
material  or  implements  to  be  employed  in  the  construction  or  for 
the  use  of  said  road,  he,  she,  or  they,  or  any  person  or  persons, 
assisting,  or  aiding,  or  abetting  such  trespass,  shall  forfeit  and  pay 
to  said  corporation  for  every  such  offence,  treble  such  damages  as 
shall  be  proved  before  the  justice,  court,  or  jury,  before  whom  the 
trial  shall  be  had,  to  be  sued  for  before  any  justice,  or  in  any  court 
proper  to  try  the  same,  by  the  treasurer  of  the  corporation,  or 
other  officer,  whom  they  may  direct,  to  [the  use  of  said  corpora- 
tion. And  such  offender  or  offenders  shall  be  liable  to  indictment 
by  the  grand  jury  of  the  county,  within  which  trespasses  shall 
have  been  committed,  for  any  offence,  or  offences,  contrary  to  the 
above  provisions,  and  upon  conviction  thereof  before  any  court 
competent  to  try  the  same,  shall  pay  a  fine  not  exceeding  one  hun- 
dred dollars,  to  the  use  of  the  State,  or  may  be  imprisoned  for  a 
term  not  exceeding  one  year,  at  the  discretion  of  the  court  before 
whom  such  conviction  may  be  had.     Approved^  March  1,  1836. 


MAINE.  45 


KENNEBUNK-PORT  GRANITE  AND  RAILROAD  COMPANY. 
INCORPORATED    IN    MAINE    IN    1836. 

Chapter  83  of  the  Special  Laics  of  1836  contains  the  Charter. 

Sect.  1  grants  corporate  powers,  and  authorizes  them  to  make  by-laws  not  repugnant 
to  the  laws  of  the  State,  and  to  hold  real  and  personal  estate,  not  exceeding 
$100,000,  for  its  purposes,  subject  to  the  general  provisions  concerning  corpora- 
tions. 

Sect.  2  directs  the  mode  of  organization. 


Laws  of  1836,  Chap.  83. 
An  Act  to  incorporate  the  Kennebunk-Port  Granite  and  Railroad  Company. 

Sect.  1.  Be  it  enacted^  6,'c.  That  Benjamin  F.  Mason,  Daniel 
W.  Lord,  Jacob  Mitchell,  Abner  Stone,  Eraslus  Hayes,  Charles 
A.  Lord,  and  Joseph  Noble,  with  their  associates,  successors,  and 
assigns,  be  and  are  hereby  incorporated  into  a  company  by  the 
name  and  title  of  the  Kennebunk-Port  Granite  and  Railroad 
Company  for  the  purpose  of  quarrying  granite  and  other  stone 
upon  lands  owned  by  said  corporation  within  the  town  of  Kenne- 
bunk-Port; and  for  the  purpose  of  hammering,  manufacturing  or 
converting  said  granite  or  other  stone  to  useful  purposes  and 
transporting  the  same  by  land  or  water  carriage  to  a  market. 
And  said  corporation  may  prosecute  and  defend  suits  at  law,  and 
use  a  common  seal,  make  by-laws  for  the  management  of  their 
affairs  not  repugnant  to  the  laws  or  constitution  of  the  State, 
and  take  and  hold  any  estate  personal  or  real,  which  may  be 
necessary  to  effectuate  the  purposes  of  this  corporation,  not  ex- 
ceeding one  hundred  thousand  dollars  ;  and  have  all  the  powers 
and  privileges  and  be  subject  to  all  the  liabilities  and  duties  of 
similar  corporations. 

Sect.  2.  That  any  three  of  the  above  named  persons  may  call 
the  first  meeting  of  said  corporation  by  giving  seven  days  notice 
of  the  time  and  place  of  said  meeting  in  one  of  the  newspapers 
printed  in  Portland,  with  such  other  additional  notice  as  they  may 
deem  proper.     Approved,  March  9,  1836. 


46  BELFAST   AND    QUEBEC   RAILROAD    CORPORATION. 


BELFAST  AND  QUEBEC  RAILROAD  CORPORATION. 

INCORPORATED    IN    MAINE    IN    1836. 

Chapter  97  of  the  Special  Laics  of  1836  contains  the  Charter. 

Sect.  1  grants  corporate  powers,  authorizing  them  to  make  by-laws  not  repugnant  to 
the  laws  of  the  State ;  it  describes  the  route,  with  one  or  more  sets  of  rails,  to  the 
northwestern  line  of  the  State,  and  then  to  connect  with  a  railroad  to  the  River 
St.  Lawrence,  at  or  near  Quebec  ;  it  authorizes  them  to  hold  sufficient  real  estate 
for  the  purposes  of  the  road,  not  exceeding  four  rods  in  width,  except  when 
necessary  for  excavations  and  embankments,  and  to  fell  or  remove  trees  within 
four  rods  of  the  road,  likely  to  obstruct  it ;  paying  therefor  damages,  if  not  agreed 
upon,  to  be  estimated  by  the  County  Commissioners  ;  any  highway  may  be  located 
across  the  Railroad  ;  the  application  for  said  damages  m\ist  be  made  within  three 
years  from  the  time  of  taking  the  property. 

Sect.  2  provides  that  the  capital  stock  shall  consist  of  not  less  than  15,000  or  more 
than  50,000  shares,  vests  the  government  in  nine  or  thirteen  directors,  and  pro- 
vides for  the  choice  of  officers  ;  it  directs  that  books  for  subscription  to  the  stock 
shall  be  opened  for  ten  days,  after  twenty  days'  previous  public  notice,  and  if  the 
number  of  shares  subscribed  for  shall  exceed  50,000,  the  surplus  shall  be  distri- 
buted among  the  subscribers  according  to  previous  regulations  ;  it  also  directs  the 
mode  of  organization. 

Sect.  3  defines  the  powers  and  duties  of  the  president  and  directors  ;  it  authorizes 
them  to  make  equal  assessments  not  exceeding  one  hundred  dollars  on  each  share, 
and  to  sell  shares  for  non-payment  of  assessments,  after  notice. 

Sect.  4  authorizes  them  to  make  by-laws  not  repugnant  to  the  laws  of  the  State. 

Sect.  5  grants  a  toll  to  be  regulated  by  the  directors,  provided,  if  at  the  end  of  fif- 
teen years  the  net  income  of  the  road  shall  have  exceeded  twelve  per  cent,  on  its 
cost,  the  Legislature  may  at  the  end  of  each  year  reduce  the  rates  of  toll  to  that 
amount ;  it  authorizes  other  companies  to  connect  with  this,  and  requires  that 
their  passengers  and  articles  shall  be  transported  on  this  road  at  the  rates  of  toU 
prescribed  for  this  road ;  and  after  commencing  to  receive  tolls,  they  shall  keep 
their  road  in  repair,  provide  suitable  cars  and  engines,  and  transport  all  passengers 
and  articles,  having  a  lien  on  the  latter  for  freight. 

Sect.  6  authorizes  the  directors  to  erect  toll  houses  and  collect  tolls. 

Sect.  7  empowers  the  guardian  of  an  infant  or  person  7ion  compos  mentis,  a  feme 
covert,  whose  husband  is  under  guardianship,  and  his  guardian,  to  release  claims 
for  land  damages. 

Sect.  8  enacts  that  any  person  wilfully  placing  obstructions  on  the  road,  or  injuring 
the  Companj'-'s  property  or  any  implements  used  in  the  construction  of  the  road, 
or  any  person  abetting  therein,  shall  forfeit  to  the  Corporation  treble  the  amount 
of  damages,  to  be  recovered  in  an  action,  and  shall  be  liable  to  indictment  and 
fine  or  imprisonment. 

Sect.  9  appoints  the  time  of  the  annual  meeting,  when  directors  shall  be  chosen, 
one  share  entitling  the  holder  to  one  vote,  and  every  two  shares  above  one  to  one 


MAINE.  47 

vote,  and  no  stockholder  shall  have  more  than  fifty  votes  ;  it  authorizes  them  to 
call  special  meetings  if  necessary. 

Sect.  10  directs  the  mode  of  crossing  any  private  way,  highway,  canal  or  turnpike, 
authorizes  them  to  raise  or  lower  any  private  way,  highway  or  turnpike,  and 
requires  them  to  erect  gates  thereon  for  the  safety  of  travellers. 

Sect.  11  provides  that,  if  the  Company  shall  not  have  been  organized  and  the  loca- 
tion filed  on  or  before  December  31,  1839,  or  the  road  completed  on  or  before 
December  31,  1846,  this  Act  shall  be  void. 

Sect.  12  requires  that  they  shall  maintain  all  bridges  or  crossings. 

Sect.  13  authorizes  them  to  erect,  for  their  sole  use,  bridges  across  navigable  rivers, 
so  as  not  to  impede  navigation. 

Sect.  14  requires  them  to  keep  books  open  to  the  inspection  of  the  Governor  and 
Council,  and  of  any  Committee  of  the  Legislature,  and  the  Treasurer  to  exhibit 
under  oath  to  the  Legislature,  at  the  end  of  every  fifteen  years,  the  net  profits  of 
the  road. 

Sect.  15  provides  that  '<  An  Act  concerning  Corporations,"  passed  March  17,  1831, 
shall  not  apply  to  this  Company. 

Sect.  16  enacts  that  they  shall,  when  required,  transport  the  U.  S.  Mail  for  a  com- 
pensation, if  not  agreed  upon,  to  be  determined  by  the  Legislature. 

Chap.  519  of  the  Special  Laws  of  1839  contains  an  additional  Act. 

It  provides  that  all  things  to  be  done,  by  the  original  Act,  on  or  before  f)ecember 
31, 1839,  may  be  done  on  or  before  December  31,  1842,  and  that  the  time  for  com- 
pleting said  Railroad  shall  be  extended  to  Decenxber  31,  1851. 

Chap.  233  of  the  Special  Laics  of  1845  contains  an  Act,  allowitiff  said  Company  ten 
years  from  December  1,  1846,  to  complete  their  road. 

Chap.  272  of  the  Special  Laws  of  1845  contains  an  additional  Act. 

Sect.  1  renews  the  Charter,  extends  the  time  of  filing  the  location  and  organizing 
the  Company  to  December  31,  1850,  and  that  of  completing  the  road  to  Decem- 
ber 31,  1860,  and  provides  that  the  Charter  shall  not  be  altered  or  revoked,  with- 
out the  consent  of  the  Corporation. 

Sect.  2  authorizes  the  directors  to  purchase  lands  for  the  Corporation,  which  shall 
be  taxable  to  it  where  it  is  situated  and  valued  in  the  same  manner  as  other  lands, 
and  the  shares  shall  be  taxed  to  shareholders  as  personal  property,  and  no  other 
tax  shall  be  levied. 

Sect.  3  requires  them  to  keep  regular  accounts  of  receipts  and  expenditures,  open 
to  the  inspection  of  the  Governor  and  Council,  and  any  Committee  of  the  Legis- 
lature ;  and  at  the  end  of  each  year,  the  Treasurer  shall  exhibit,  vmder  oath,  to 
the  Legislature  the  receipts  and  expenditures. 

Sect.  4  limits  the  stockholders'  liability  to  one  hundred  dollars  per  share,  but  allows 
further  assessments  on  the  shares,  and  a  sale  thereof  for  non-payment  of  assess- 
ments. 


Laws  of  1836,  Chap.  97. 
An  Act  to  establish  the  Belfast  and  Quebec  Railroad  Corporation. 

Sect.  1.  Be  it  enacted^  4'^.  That  Alfred  Johnson,  Jr.,  Daniel 
Lane,  Hiram  O.  Alden,  John  S.  Kimball,  Nathaniel  M.  Lowney, 


48  BELFAST   AND   QUEBEC   RAILROAD    CORPORATION. 

Rufns  B.  Allyii,  Hugh  J.  Anderson,  William  G.  Crosby,  Ralph 
C.  Johnson,  Frye  Hall,  Salalhiel  Nickerson,  Jr.,  Philip  Morrill, 
Thomas  Pickard,  James  White,  Joseph  Williamson,  Nathaniel  H. 
Bradbury,  their  associates,  successors  and  assigns  be  and  they 
hereby  are  made  a  body  politic,  and  corporate,  by  the  name  of  the 
Belfast  and  Quebec  Railroad  Corporation,  and  by  that  name  shall 
be  and  hereby  are  made  capable  in  law  to  sue  and  be  sued  to  final 
judgment  and  execution,  plead  and  be  impleaded,  defend  and  be 
defended  in  any  courts  of  record,  or  in  any  other  place  whatever; 
to  have  a  common  seal,  which  they  may  alter  at  pleasure ;  to 
make  and  establish  such  by-laws,  not  repugnant  to  the  laws  of 
this  State,  as  they  shall  deem  necessary  and  proper ;  and  shall  be, 
and  hereby  are  vested  with  all  the  powers,  privileges,  and  immu- 
nities which  are,  or  may  be  necessary  to  carry  into  effect  the  pur- 
poses and  objects  of  this  Act,  as  hereinafter  set  forth.  And  the 
said  corporation  are  hereby  authorized  and  empowered  to  locate, 
construct,  and  finally  complete,  alter  and  keep  in  repair  a  railroad, 
with  one  or  more  set  of  rails,  or  tracks,  with  all  suitable  brid-ges, 
viaducts,  turnouts,  culverts,  drains,  and  all  other  necessary  appen- 
dages from  some  point,  or  place,  or  places,  on  or  near  the  tide 
waters  in  the  town  of  Belfast,  in  the  county  of  Waldo,  through 
the  towns  of  Brooks  and  Unity  in  said  county,  to  the  Kennebec 
River  at  Solon  or  Bingham,  and  from  thence  to  the  northwestern 
line  of  the  State  of  Maine,  there  to  connect  with  such  railroad  as 
may  be  constructed  from  said  line  to  the  River  St.  Lawrence,  at  or 
near  the  city  of  Quebec,  in  Lower  Canada,  in  such  a  manner  and. 
form  as  they  shall  deem  to  be  most  expedient.  And  for  this  pur- 
pose said  corporation  shall  have  the  right  to  take  and  hold  so 
much  of  the  land,  and  other  real  estate  of  private  persons,  as  may 
be  necessary  for  the  location,  construction  and  convenient  operation 
of  their  railroad  ;  and  they  shall  also  have  the  right  to  take, 
remove  and  use  for  the  construction  and  repair  of  said  railroad 
and  appurtenances,  any  earth,  gravel,  stone,  timber  or  other 
materials,  on  or  from  the  land  so  taken.  And  in  case  such  rail- 
road shall  pass  through  any  woodlands  or  forests,  the  said  company 
shall  have  the  right  to  fell  or  remove  any  trees  standing  within 
four  rods  of  such  railroad,  which  by  their  hability  to  be  blown 
down  or  from  their  natural  falling  might  obstruct  or  impair  said 
railroad,  —  by  paying  a  just  compensation  therefor  to  be  recovered 
in  the  same  manner,  provided  for  the  recovery  of  other  damages 
named  in  this  bill.     Provided,  however,  that  said  land  so  taken, 


MAINE.  49 

shall  not  exceed  four  rods  in  width,  except  where  greater  width  is 
necessary  for  the  purpose  of  excavation  or  embankment;  — And 
provided,  also,  that  in  all  cases  said  corporation  shall  pay  for  such 
lands,  estate  or  materials  so  taken  and  used,  such  price  as  they 
and  the  owner,  or  respective  owners  thereof  may  mutually  agree 
on ;  and  in  case  said  parties  shall  not  otherwise  agree,  then  said 
corporation  shall  pay  such  damages  as  shall  be  ascertained  and 
determined  by  the  county  commissioners  for  the  county  where 
such  land  or  other  property  may  be  situated,  in  the  same  manner 
and  under  the  same  conditions  and  limitations,  as  are  by  law  pro- 
vided in  the  case  of  damages  by  laying  out  of  highways.  Saving 
to  the  public  the  right  to  locate  and  construct  any  highway  across 
said  railroad  subject  to  the  existing  provisions  of  law  for  the  loca- 
tion, construction  and  repair  of  highways.  And  the  land  so  taken 
by  said  corporation  shall  be  held  as  lands  taken  and  held  for 
public  highways.  And  no  application  to  said  commissioners  to 
estimate  said  damages  shall  be  sustained,  unless  made  within  three 
years  from  the  time  of  taking  such  land  or  other  property. 

Sect.  2.  That  the  capital  stock  of  said  corporation  shall  consist 
of  not  less  than  fifteen  thousand,  nor  more  than  fifty  thousand 
shares ;  and  the  immediate  government  and  direction  of  the  affairs 
of  said  corporation  shall  be  vested  in  nine  or  thirteen  directors, 
who  shall  be  chosen  by  the  members  of  said  corporation,  in  the 
manner  hereinafter  provided,   and  shall  hold  their  offices   until 
others  shall  have  been  duly  elected  and  qualified  to  take  their 
places,  a  majority  of  whom  shall  form  a  quorum  for  the  transac- 
tion of  business;  and  they  shall  elect  one  of  their  number  to  be 
the  president  of  the  board,  who  shall  also  be  the  president  of  the 
corporation ;    and  shall  have   authority  to  choose   a   clerk    who 
shall  be  sworn  to  the  faithful  discharge  of  his  duty,  and  a  trea- 
surer, who  shall  give  bonds  to  the  corporation,  with  sureties  to  the 
satisfaction  of  the  directors,  in  a  sum  of  not  less  than  fifty  thou- 
sand dollars,  for  the  faithful  discharge  of  his  trust.     And  for  the 
purpose  of  receiving  subscriptions  to  the  said  Stock,  books  shall  be 
opened  under  the  direction  of  the  persons  named  in  the  first  section 
of  this  Act,  at  such  time  and  in  such  places  in  the  shire  towns  in 
the  several  counties  in  this  state,  and  elsewhere  as  they  shall 
appoint,  to  remain  open  for  ten  successive  days,  of  which  time  and 
places  of  subscription,  public  notice  shall  be  given  in  some  news- 
paper printed  in  the  cities  of  Portland  and  Bangor,  and  in  the 


50        BELFAST  AND  QUEBEC  RAILROAD  CORPORATION. 

towns  of  Augusta  and  Belfast,  twenty  days  at  least  previous  to 
the  opening  of  such  subscription,  and  in  case  the  amount  sub- 
scribed shall  exceed  fifty  thousand  shares,  the  same  shall  be  distri- 
buted among  all  the  subscribers,  according  to  such  regulations  as 
the  persons  having  charge  of  the  opening  of  the  subscription  books 
shall  prescribe  before  the  opening  of  said  books.  And  any  seven 
of  the  persons  named  in  the  first  section  of  this  Act,  are  hereby 
authorized  to  call  the  first  meeting  of  said  corporation,  by  giving 
notice  in  one  or  more  newspapers  published  in  the  towns  and 
cities  above  named,  of  the  time  and  place,  and  the  purposes  of 
such  meeting,  at  least  twenty  days  before  the  time  mentioned  in 
such  notice. 

Sect.  3.  That  the  president  and  directors  for  the  time  being, 
are  hereby  authorized  and  empowered  by  themselves  or  their 
agents  to  exercise  all  the  powers  herein  granted  to  the  corporation, 
for  the  purpose  of  locating,  constructing,  and  completing  said  rail- 
road, and  for  the  transportation  of  persons,  goods  and  property  of 
all  descriptions,  and  all  such  power  and  authority  for  the  manage- 
ment of  the  affairs  of  the  corporation,  as  may  be  necessary  and 
proper  to  carry  into  effect  the  objects  of  this  grant ;  to  purchase 
and  hold  land,  materials,  engines,  and  cars  and  other  necessary 
things,  in  the  name  of  the  corporation  for  the  use  of  said  road, 
and  for  the  transportation  of  persons,  goods  and  property  of  all 
descriptions ;  to  make  such  equal  assessments,  from  time  to  time, 
on  all  the  shares  in  said  corporation  as  they  may  deem  expedient 
and  necessary,  in  the  execution  and  progress  of  the  work,  and 
direct  the  same  to  be  paid  to  the  treasurer  of  the  corporation. 
And  the  treasurer  shall  give  notice  of  all  such  assessments ;  and 
in  case  any  subscriber  or  stockholder  shall  neglect  to  pay  any 
assessment  on  his  share  or  shares  for  the  space  of  thirty  days  after 
such  notice  is  given  as  shall  be  prescribed  by  the  laws  of  said 
corporation,  the  directors  may  order  the  treasurer  to  sell  such 
share  or  shares,  at  public  auction,  after  giving  such  notice  as  may 
be  prescribed  as  aforesaid,  to  the  highest  bidder,  and  the  same 
shall  be  transferred  to  the  purchaser,  and  such  delinquent  sub- 
scriber or  stockholder  shall  be  held  accountable  to  the  corporation 
for  the  balance,  if  his  share  or  shares  shall  sell  for  less  than  the 
assessments  due  thereon,  with  the  interest,  and  costs  of  sale ;  and 
shall  be  entitled  to  the  overplus,  if  his  share  or  shares  shall  sell  for 
more  than  the  assessments  due.  with  interest  and  costs  of  sale : 


MAINE.  51 

Provided  however^  That  no  assessments  shall  be  laid  upon  any 
shares  in  said  corporation  of  a  greater  amount  in  the  whole  than 
one  hundred  dollars. 

Sect.  4.  That  the  said  corporation  shall  have  power  to  make, 
ordain  and  establish  all  necessary  by-laws  and  regulations,  con- 
sistent with  the  constitution  and  the  laws  of  this  State,  for  their 
own  government,  and  for  the  due  and  orderly  conducting  of  their 
affairs,  and  the  management  of  their  property. 

Sect.  5.  That  a  toll  be  and  hereby  is  granted  and  established, 
for  the  sole  benefit  of  said  corporation,  upon  all  passengers,  and 
property  of  all  descriptions,  which  may  be  conveyed  or  transported 
upon  said  road ;  at  such  rates  per  mile,  as  may  be  agreed  upon 
and  established  from  time  to  time  by  the  directors  of  said  cor- 
poration. The  transportation  of  persons  and  property  —  the  con- 
struction of  wheels,  the  form  of  cars  and  carriages,  the  weights  of 
loads,  and  all  other  matters  and  things  in  relation  to  the  use  of 
said  road,  shall  be  in  conformity  with  such  rules,  regulations  and 
provisions  as  the  directors  shall  from  time  to  time  prescribe  and 
direct  :  Provided  however^  That  if  at  the  expiration  of  fifteen 
years  from  and  after  the  completion  of  said  road,  the  net  income 
or  receipts  from  tolls  and  other  profits  shall  amount  to  more  than 
twelve  per  cent,  per  annum  upon  the  cost  of  the  road  and  inciden- 
tal expenses,  the  legislature  may  alter  and  reduce  the  rate  f 
tolls,  and  other  profits,  so  that  the  net  income  shall  not  exceed 
twelve  per  cent,  and  annually  thereafter  the  same  proceedings  may 
be  had  —  and  further  -provided^  that  the  legislature  shall  not  at 
any  time,  so  reduce  the  tolls  and  other  profits,  as  to  produce  less 
than  twelve  per  centum  upon  the  cost  of  said  railroad  without  the 
consent  of  said  corporation,  Provided  however,  That  the  legisla- 
ture may  authorize  any  other  company  or  companies  to  connect 
any  other  railroad  or  railroads  with  the  railroad  of  said  cor- 
poration, at  any  points  of  intersection  on  the  route  of  said  rail- 
road. And  said  corporation  shall  receive  and  transport  all  per- 
sons, goods  and  property,  of  all  descriptions,  which  may  be  carried 
and  transported  to  the  railroad  of  said  corporation,  on  such  other 
railroads  as  may  be  hereafter  authorized  to  be  connected  there- 
with, at  the  same  rates  of  toll  and  freight,  as  may  be  prescribed  by 
said  corporation,  so  that  the  rates  of  freight  and  toll  on  such  pas- 
sengers, goods  and  other  property  as  may  be  received  from  such 
other  railroads,  so  coimected  with  said  railroad  as  aforesaid, 
shall  not  exceed  the  general  rates  of  freight  and  toll  on  said  rail- 


52  BELFAST   AND    QUEBEC    RAILROAD    CORPORATION. 

road  received  for  freight  and  passengers,  &c.,  at  any  of  the  depots 
of  said  corporation.  And  said  corporation,  after  they  shall  com- 
mence the  receiving  of  tolls  shall  be  bound  at  all  times  to  have 
said  railroad  in  good  repair,  and  a  sufficient  number  of  suitable 
carriages  and  vehicles  for  the  transportation  of  persons  and  articles 
and  be  obliged  at  all  proper  times  and  places  to  receive  and  convey 
the  same  when  the  appropriate  tolls  therefor  shall  be  paid  or 
tendered,  and  a  lien  is  hereby  created  upon  merchandise  and  pro- 
perty transported  upon  said  railroad  for  the  appropriate  tolls 
therefor. 

Sect.  6.  That  the  directors  of  said  corporation  for  the  time 
being  are  hereby  authorized  to  erect  toll  houses,  establish  gates, 
appoint  toll  gatherers  and  demand  toll  on  the  road,  when  com- 
pleted, and  upon  such  parts  thereof  as  shall  from  time  to  time  be 
completed. 

Sect.  7.  That  when  said  corporation  shall  take  any  land,  or 
other  estate,  as  aforesaid,  of  any  infant,  person  non  compos  mentis. 
or  feme  covert  whose  husband  is  under  guardianship,  the  guardian 
of  such  infant,  or  person  no7i  compos  mentis^  and  such  feme  covert, 
with  the  guardian  of  her  husband  shall  have  full  power  and 
authority  to  agree  and  settle  with  said  corporation,  for  damages, 
or  claims  for  damages,  by  reason  of  taking  such  land  and  estate 
aforesaid,  and  give  good  and  valid  releases  and  discharges  therefor. 

Sect.  8.  That  if  any  person  shall  wilfully  and  maliciously,  or 
wantonly  and  contrary  to  law  obstruct  the  passage  of  any  carriage 
on  said  railroad,  or  in  any  way  spoil,  injure  or  destroy  said  rail- 
road, or  any  part  thereof,  or  any  thing  belonging  thereto,  or  any 
material  or  implements  to  be  employed  in  the  construction  or  for 
the  use  of  said  road,  he,  she,  or  they,  or  any  person  or  persons, 
assisting,  aiding,  or  abetting  such  trespass,  shall  forfeit  and  pay 
to  said  corporation  for  every  such  otience,  treble  such  damages  as 
shall  be  proved  before  the  justice,  court  or  jury,  before  whom  the 
trial  shall  be  had,  to  be  sued  for  before  any  justice,  or  in  any 
court  proper  to  try  the  same,  by  the  treasurer  of  the  corporation, 
or  other  officer,  whom  they  may  direct,  to  the  use  of  said  corpora- 
tion. And  such  offender  or  offenders  shall  be  liable  to  indictment 
by  the  grand  jury  of  the  county,  within  which  said  trespass  shall 
have  been  committed,  for  any  offence,  or  offences,  contrary  to  the 
above  provisions,  and  upon  conviction  thereof  before  any  court 
competent  to  try  the  same,  shall  pay  a  fine  not  exceeding  one 
thousand  dollars,  to  the  use  of  the  State,  or  may  be  imprisoned  for 


MAINE.  53 

a  term  not  exceeding  one  year,  at  the  discretion  of  the  court  before 
whom  such  conviction  may  be  had. 

Sect.  9.  That  the  annual  meeting  of  the  members  of  said  cor- 
poration shall  be  holden  on  the  first  Monday  in  June,  at  such  time 
and  place  as  the  directors  for  the  time  being  shall  appoint,  at  which 
meeting,  the  directors  shall  be  chosen  by  ballot,  and  one  share 
shall  be  entitled  one  vote,  and  every  two  shares  above  one  shall  be 
allowed  one  vote ;  Provided,  that  no  stockholder  shall  be  entitled 
to  more  than  fifty  votes,  and  the  directors  are  hereby  authorized  to 
call  special  meetings  of  the  stockholders,  whenever  they  shall  deem 
it  expedient  and  proper,  giving  such  notice  as  the  corporation  by 
their  by-laws  shall  direct. 

Sect.  10.  That  if  the  said  railroad,  in  the  course  thereof,  shall 
cross  any  private  way,  the  said  corporation  shall  so  construct  said 
railroad  as  not  to  obstruct  the  safe  and  convenient  use  of  such 
private  way :  and  if  the  said  railroad  shall,  in  the  course  thereof, 
cross  any  canal,  turnpike,  railroad,  or  other  highway,  the  said 
railroad  shall  be  so  constructed  as  not  to  obstruct  the  safe  and 
convenient  use  of  such  canal,  turnpike  or  other  highway  ;  and  the 
said  corporation  shall  have  power  to  raise  or  lower  such  turnpike, 
highway  or  private  way.  so  that  the  railroad,  if  necessary,  may 
conveniently  pass  under  or  over  the  same,  and  erect  such  gate  or 
gates  thereon,  as  may  be  necessary  for  the  safety  of  travellers  on 
said  turnpike,  railroad,  highway  or  private  way. 

Sect.  11.  That  if  the  said  corporation  shall  not  have  been 
organized,  and  the  location  according  to  actual  survey  of  the  route 
filed  with  the  county  commissioners  of  the  counties  through  which 
the  same  shall  pass,  on  or  before  the  thirty-first  day  of  December, 
in  the  year  of  our  Lord  one  thousand  eight  hundred  and  thirty- 
nine,  or  if  the  said  corporation  shall  fail  to  complete  said  railroad 
on  or  before  the  thirty-first  day  of  December,  in  the  year  of  our 
Lord  one  thousand  eight  hundred  and  forty-six,  in  either  of  the 
above  mentioned  cases,  this  Act  shall  be  null  and  void. 

Sect.  12.  That  said  railroad  corporation  shall  constantly  main- 
tain in  good  repair  all  bridges  with  their  abutments  and  embank- 
ments, which  they  may  construct  for  the  purpose  of  conducting 
their  railroad  over  any  canal,  turnpike,  highway  or  private  way, 
or  for  conducting  such  private  way  or  turnpike  over  said  railroad. 

Sect.  13.  That  if  said  railroad  shall  in  the  course  thereof,  cross 
any  tide  waters,  navigable  rivers  or  streams,  the  said  corporation 
be  and  they  hereby  are  authorized  and  empowered  to  erect  for  the 

5* 


54  BELFAST   AND    QUEBEC   RAILROAD    CORPORATION. 

sole  and  exclusive  travel  on  their  said  railroad,  a  bridge  across 
each  of  said  rivers  or  streams,  or  across  any  such  tide  waters : 
Provided,  said  bridge  or  bridges  shall  be  so  constructed  as  not  to 
obstruct  or  impede  the  navigation  of  said  waters. 

Sect.  14.  That  the  books  of  said  corporation  shall  at  all  times 
be  open  to  the  inspection  of  the  governor  and  council,  and  of  any 
committee  duly  authorized  by  the  legislature  :  and  at  the  expira- 
tion of  every  fifteen  years,  the  treasurer  of  said  corporation  shall 
make  an  exhibit  under  oath  to  the  legislature,  of  the  net  profits 
derived  from  the  income  of  said  railroad. 

Sect.  15.  That  the  provisions  of  an  Act  entitled  "  An  Act  con- 
cerning Corporations  "  passed  March  seventeenth,  in  the  year  of 
our  Lord  one  thousand  eight  hundred  and  thirty-one,  shall  not 
extend  or  apply  to  the  company  hereby  incorporated. 

Sect.  16.  That  the  said  corporation  shall  at  all  times,  Avhen 
the  postmaster  general  shall  require  it,  be  holden  to  transport  the 
mail  of  the  United  States  from  and  to  such  place  or  places  on  said 
railroad,  as  required,  for  a  fair  and  reasonable  compensation  — 
and  in  case  the  corporation  and  postmaster  general  shall  be  unable 
to  agree  upon  the  compensation  aforesaid,  the  legislature  of  the 
State  may  fix  and  determine  the  same.    Approved,  March  9,  1836. 

Laws  of  1839,  Chap.  519. 
An  Additional  Act  to  establish  the  Belfast  and  Quebec  Railroad  Corporation. 

Be  it  enacted,  6^c.  That  all  acts  or  things  to  be  done  or  per- 
formed, by  said  corporation,  by  any  provisions  of  the  eleventh 
section  of  the  original  Act  of  corporation  of  said  company,  which 
were  required  to  have  been  done,  on  or  before  the  thirty-first  day 
of  December,  in  the  year  of  our  Lord  one  thousand  eight  hundred 
and  thirty-nine,  may  be  done  and  performed,  at  any  time  before 
the  thirty-first  day  of  December,  in  the  year  of  our  Lord  one 
thousand  eight  hundred  and  forty-two  —  and  that  the  limitation  of 
the  time  for  completing  said  railroad  is  hereby  extended  to  the 
thirty-first  day  of  December,  in  the  year  of  our  Lord  one  thousand 
eight  hundred  and  fifty-one.     Approved,  February  25,  1839. 


MAINE.  55 

Laws  of  1845,  Chap.  233. 

An  Act  to  extend  to  the  Belfast  and  Quebec  Railroad  Company  further  time  to 

build  their  road. 

Be  it  enacted,  <S)*c.,  That  the  term  of  ten  years  from  and  after  the 
thirty-first  day  of  December,  iii  the  year  of  our  Lord  eighteen 
hundred  and  forty-six,  is  hereby  allowed  to  the  Belfast  and  Quebec 
Railroad  Corporation,  to  build  and  complete  the  railroad  from 
Belfast  to  Quebec,  authorized  by  an  Act  of  incorporation  approved 
March  ninth,  eighteen  hundred  and  thirty-six.  Approved,  March 
5,  1845. 

Laws  of  1845,  Chap.  272. 

An  Act  additional  to  an  Act  to  establish  the  Belfast  and  Quebec  Railroad 

Corporation. 

Sect.  1.  Be  it  enacted,  ^'c.  That  the  charter  of  the  Belfast  and 
Quebec  Railroad  Corporation  is  hereby  renewed,  and  the  time 
within  which  the  said  corporation  may  become  organized,  and 
the  location  according  to  actual  survey  of  the  route  filed  with  the 
county  commissioners  of  the  counties  through  which  the  same  may 
pass,  is  hereby  extended  until  the  thirty-first  day  of  December,  in 
the  year  of  our  Lord  eighteen  hundred  and  fifty ;  and  the  time 
within  which  said  corporation  may  build  and  complete  said  rail- 
road is  hereby  extended  until  the  thirty-first  day  of  December,  in 
the  year  of  our  Lord  eighteen  hundred  and  sixty.  And  the  char- 
ter of  said  corporation,  together  with  this  Act,  shall  not  be  revoked, 
annulled,  altered,  limited  or  restrained  without  the  consent  of  the 
corporation,  except  by  due  process  of  law,  for  violations  of  the 
same. 

Sect.  2.  The  president  and  directors,  for  the  time  being,  are 
hereby  authorized  and  empowered,  by  themselves  or  their  agents, 
to  purchase  lands  for  depots,  wharves,  and  other  places  of  deposit, 
in  the  name  and  for  the  use  of  said  corporation ;  and  the  lands 
thus  purchased  for  the  purposes  named  in  this  section,  shall  be 
taxable  to  said  corporation  by  the  several  cities,  towns  and  planta- 
tions in  which  said  lands  may  lie,  and  shall  in  the  valuation  list 
be  estimated  at  the  same  rate  as  other  lands  of  the  same  quality 
in  such  city,  town,  or  plantation  are  estimated,  and  not  otherwise ; 
and  the  shares  owned  by  the  respective  stockholders  shall  be 
deemed  personal  estate,  and  be  taxable  as  such  to  the  owners 
thereof,  in  the  places  where  they  reside  and  have  their  home. 


56  PENOBSCOT   RIVER   RAILROAD    CORPORATION. 

And  no  other  tax,  than  is  herein  provided,  shall  ever  be  levied  or 
assessed  on  such  corporation,  its  privileges  or  franchises,  or  its 
stockholders,  on  account  of  their  shares  or  interest  in  the  same. 

Sect.  3.  Said  corporation  shall  keep,  in  a  book  for  that  purpose, 
a  regular  account  of  all  their  disbursements,  expenditures  and 
receipts,  and  the  books  of  said  corporation  shall,  at  all  times,  be 
open  to  the  inspection  of  the  governor  and  council,  and  any  com- 
mittee duly  authorized  by  the  legislature;  and  at  the  expiration 
of  each  year,  the  treasurer  of  said  corporation  shall  make  to  the 
legislature  an  exhibit,  under  oath,  of  all  the  disbursements,  ex- 
penditures, and  receipts  of  said  railroad. 

Sect.  4.  The  stockholders  in  said  corporation  shall  be  person- 
ally liable  to  said  corporation,  only  to  the  extent  of  one  hundred 
dollars  on  each  share  in  the  same  ;  but  should  the  same  be  required, 
assessments  of  further  sums  may  be  made  on  such  shares,  and  in 
default  of  payment  thereof,  such  shares  may  be  sold,  and  the  pro- 
ceeds disposed  of,  according  to  the  provisions  of  the  third  section 
of  the  Act  to  which  this  is  additional.     Approved,  March  31,  1845. 


PENOBSCOT   RFV^R   RAILROAD    CORPORATION. 
INCORPORATED     IN     MAINE  IN     1836. 

Chupter  \1\  of  the  Special  Laws  of  1836  contains  the  Charter. 

Sect.  1  grants  corporate  powers,  subject  to  the  provisions  of  "  An  Act  concerning 
Corporations,  "passed  February  16,  1836,  and  "  An  Act  defining  certain  rights  and 
duties  of  Railroad  Corporations,"  passed  March  1,  1836;  it  describes  the  route, 
giving  the  power  of  extending  a  branch  to  any  point  on  the  shore  of  the  Penob- 
scot River  at  or  near  Bangor,  and  from  thence  towards  Old  Town  to  the  main 
Railroad ;  and  another  branch  to  the  shore  of  the  Penobscot  River,  near  Lower 
Stillwater  in  Orono  ;  saving,  however,  the  right  to  construct  a  highway  across  said 
railroad. 

Sect.  2  provides  that  the  capital  stock  shall  consist  of  not  less  than  2500  nor  more 
than  4000  shares  of  $100  each,  each  share  entitling  the  holder  to  a  vote,  except 
that  no  shareholder  shall  represent  more  than  one  tenth  of  the  whole  number  of 
shares ;  the  immediate  government  is  vested  in  not  less  than  five  nor  more  than 
nine  directors. 

Sect.  3  defines  the  powers  and  duties  of  the  president  and  directors,  authorizing 
them  to  make  equal  assessments  not  exceeding  $100  on  each  share,  and  to  sell 
shares  for  nonpayment  of  assessments,  after  notice. 

Sect.  4  grants  a  toll,  the  rates  thereof  and  other  matters  relating  to  the  use  of  the 
road  to  be  determined  by  the  directors  ;  and  the  road  shall  be  subject  to  the  use 
of  any  person  or  corporation  :  provided,  if  at  the  end  of  ten  years  from  the  com- 
pletion of  the  road,  the  net  income  shall  exceed  12  per  cent,  on  its  cost,  the  legis- 


MAINE.  57 

lature  may  reduce  the  rates  of  toll  to  that  sum  ;  the  corporation  shall,  in  twelve 
months  after  the  road  shall  be  in  operation,  make  returns  to  the  governor  and 
council  of  the  receipts  and  expenditures  and  rates  of  toll ;  and  the  legislature 
may,  if  not  satisfied,  inquire  into  their  doings,  and  reduce  the  rates  of  toll  as  they 
shall  judge  proper,  but  not  below  said  12  per  cent. 

Sect.  5  authorizes  the  directors  to  erect  toll  houses,  and  demand  toll. 

Sect.  6  provides  that  any  person  wilfully  placing  obstructions  on  the  road,  or  injuring 
or  destroying  the  company's  property,  or  any  materials  or  implements  used  in  the 
construction  of  the  road,  or  any  person  abetting  therein,  shall  forfeit  to  the  com- 
pany treble  the  amount  of  damages,  to  be  recovered  in  an  action,  and  shall  be 
liable  to  indictment  and  fine  or  imprisonment. 

Sect.  7  requires  that  the  directors  shall  annually  make  a  report  under  oath,  to  the 
legislature,  and  their  books  shall  be  open  to  the  inspection  of  any  committee  of  the 
legislature ;  and  if  the  corporation  shall  unreasonably  neglect  or  refuse  to  make 
such  annual  report,  after  the  opening  of  the  road,  they  shall  forfeit  to  the  State  a 
sum  not  exceeding  $3000,  to  be  recovered  by  action  or  indictment. 

Sect.  8  provides,  if  the  smaller  sum  of  $250,000  mentioned  in  Section  2  be  not 
subscribed,  the  corporation  organized,  and  the  location  filed  before  January  1,  1838, 
or  the  road  completed  on  or  before  January  1,  1841,  that  this  Act  shall  be  void. 

Sect.  9  requires  them  to  keep  in  good  repair  all  bridges  over  crossings. 

Sect.  10  authorizes  them  to  construct  a  bridge,  for  their  sole  use,  over  Penobscot 
River,  from  Milford  to  Orono,  so  as  not  unnecessarily  to  impede  navigation  ;  but 
not  to  demand  lai-ger  tolls  on  the  bridge  than  on  any  other  part  of  the  road ;  and 
no  carriages  shall  be  allowed  to  cross  it,  other  than  those  on  the  railroad,  and  no 
animal  or  person  but  such  as  are  in  the  emplojTnent  of  the  company. 

Sect.  11  provides  that  "  an  Act  concerning  corporations"  passed  March  17,  1831, 
shall  not  apply  to  this  corporation. 

Sect.  12  enacts  that  the  Company  shall,  when  required,  transport  the  IT,  S.  mail  for 
a  compensation,  if  not  agreed  upon,  to  be  determined  by  the  legislature. 

Clm'p.  295  of  the  S/pecial  Laws  of  1837  contains  an  additional  Act. 

Sect.  1  authorizes  this  Company  to  extend  their  branch  at  or  near  StUlwatcr  in 
Orono  into  the  village  of  said  Lower  Stillwater,  provided  the  bridge  across  Penob- 
scot River  be  so  obstructed  as  not  to  impede  navigation,  and  provided  said  branch 
may  be  used  by  any  persons  or  corporations  who  shall  comply  with  the  regula- 
tions of  the  Company,  and  provided  the  Company  shall  maintain  said  road  in  good 
repair,  after  commencing  to  receive  tolls,  and  shall  transport  all  passengers  and 
freight. 

Sect.  2  provides  that,  if  they  shall  not  complete  said  branch  within  two  years  here- 
from, this  Act  shall  be  void. 

Chap.  426  of  the  Special  Latos  of  1838  contains  an  additional  Act. 

Sect.  1  authorizes  the  Company  to  extend  the  branch,  terminating  at  Great  "Works 
Mills,  to  Old  Town  village. 

Sect,  2  empowers  them  to  change  the  location,  when  necessary,  provided  such 
change  be  recorded  with  the  Secretary  of  State,  within  thirty  days  fi-om  the  com- 
pletion of  the  road. 

Sect.  3  provides,  that  all  acts  or  things  to  be  done  by  the  Company  may  be  done 
before  June  1,  1839. 


68  PENOBSCOT    RIVER    RAILROAD    CORPORATION. 


Chap.  510  of  the  SjJccial  Laios  of  1839  contains  an  additional  Act. 

It  provides  that  the  time  fixed  at  January  1,  1838  in  the  original  Act,  and  June  1, 
1839  in  the  Act  of  1838,  be  extended  to  March  1,  1841,  and  that  the  time  for 
the  completion  of  the  road  be  extended  to  March  1,  1843. 

CJmp.  112  of  the  Special  Laws  of  1841  contains  an  additional  Act,  extending  the  time 
fixed  in  the  Act  of  1839  at  March  1,  1841,  to  March  1,  1844,  and  the  time  for  the 
completion  of  the  road  to  March  1,  1845. 


Laws  of  1836,  Chap.  111. 
An  Act  to  establish  the  Penobscot  Kiver  Railroad  Corporation. 

Sect.  1.  Be  it  enacted,  Sfc.  That  Deodat  Brastow,  Joseph  R. 
Folsora,  Henry  Darling,  Joseph  Bryant,  and  Sevvall  Lake,  their 
associates,  successors,  and  assigns  be  and  they  hereby  are  made  a 
corporation  by  the  name  of  the  "Penobscot  River  Railroad  Cor- 
poration," with  all  the  powers  and  privileges,  and  subject  to  all 
the  liabilities  in  the  statute  of  February  the  sixteenth,  eighteen 
hundred  and  thirty  six,  entitled  "  An  Act  concerning  Corporations" 
and  in  the  statute  of  March  the  first,  eighteen  hundred  and  thirty- 
six,  entitled  "  An  Act  defining  certain  rights  and  duties  of  Railroad 
Corporations;"  and  the   said  corporation  are  hereby  authorized 
and  empowered  to  locate  and  construct  a  railroad,  from  any  place 
at  or  near  the  tidewaters  of  Penobscot   River   in   the  town   of 
Bucksport,   to    and    through    the   towns    of    Orrington,   Brewer, 
Eddington,  and   Bradley,  and  into  the   town   of  Milford   to  the 
shore  of  Penobscot  River,  and  across  the  same  to  the  western  bank 
thereof  at  or  near  that  part  of  Orono  called  Oldtown,  with  the 
right  of  extending  a  branch  of  said  railroad  from  any  point  of  its 
location  in  Brewer,  to  any  point  or  place  at  the  shore  of  Penobscot 
River,  at  or  near  the  city  of  Bangor,  and  from  the  end  of  said 
branch  at  the  eastern  shore  of  said  river  in  the  direction  to  Old- 
town  to  the  main   railroad,  and  also  another  branch  in  Bradley 
from  any  point  of  the  main  railroad  to  the  shore  of  Penobscot 
River,  at  ar  near  Lower  Stillwater  in  Orono.    Saving  to  the  public 
the  right  to  construct  any  highway  across  said  railroad,  subject 
to  the  existing  provisions  of  law  for  the  location,  construction,  and 
repair  of  highways. 

Sect.  2.  That  the  capital  stock  of  said  corporation  shall  consist 


MAINE.  59 

of  not  less  than  two  thousand  five  hundred,  nor  more  than  four 
thousand  shares,  of  one  hundred  dollars  each  ;  and  at  all  meetings 
of  said  corporation,  each  proprietor  shall  be  entitled  to  as  many 
votes  as  he  holds  shares,  and  may  vote  either  in  person  or  by 
proxy;  Provided,  that  no  vote  shall  be  given  by  any  proprietor, 
by  virtue  of  any  shares  held  by  him,  exceeding  one  tenth  part  of 
the  whole  number  of  shares  ;  and  the  immediate  government  and 
direction  of  the  affairs  of  said  corporation  shall  be  vested  in  not 
less  than  five  nor  more  than  nine  directors,  who  shall  be  chosen  by 
the  members  of  the  corporation. 

Sect,  3.  That  the  president  and  directors  for  the  time  being  are 
hereby  authorized  and  empowered,  by  themselves  or  their  agents, 
to  exercise  all  the  powers  herein  granted  to  the  corporation,  for 
the  purpose  of  locating  and  constructing  said  railroad,  and  for  the 
transportation  of  persons,  goods,  and  merchandise,  and  such  other 
powers  and  authority  for  the  management  of  the  affairs  of  the 
corporation,  not  heretofore  granted,  as  may  be  necessary  and 
proper  to  carry  into  effect  th  e  objects  of  this  grant ;  to  purchase 
and  hold  lands,  materials,  engines,  cars,  and  other  necessary  things, 
in  the  name  of  the  corporation,  for  the  use  of  said  road,  and  for 
the  transportation  of  persons,  goods,  and  merchandise,  to  make 
such  equal  assessments,  from  time  to  time,  on  all  the  shares  in 
said  corporation,  as  they  may  deem  expedient  and  necessary,  and 
direct  the  same  to  be  paid  to  the  treasurer  of  the  corporation. 
And  the  treasurer  shall  give  notice  of  all  such  assessments;  and 
in  case  any  subscriber  or  stockholder  shall  neglect  to  pay  his  as- 
sessment, for  the  space  of  sixty  days  after  due  notice,  by  the 
treasurer  of  said  corporation,  the  directors  may  order  the  trea- 
surer to  sell  such  share  or  shares  at  public  auction  after  giving  due 
notice  thereof,  to  the  highest  bidder,  and  the  same  shall  be  trans- 
ferred to  the  purchaser,  and  such  delinquent  subscriber  or  stock- 
holder shall  be  held  accountable  to  the  corporation  for  the 
balance,  if  his  share  or  shares  shall  sell  for  less  than  the  assess- 
ment due,  with  interest  and  cost  of  sale ;  and  after  paying  the 
same,  shall  be  entitled  to  the  overplus,  if  any  remain  ;  Provided, 
that  no  assessment  shall  be  laid  upon  any  shares  in  said  corpora- 
tion of  a  greater  amount  in  the  whole,  than  one  hundred  dollars  on 
each  share. 

Sect.  4.  That  a  toll  be,  and  is  hereby  granted  and  established, 
for  the  sole  benefit  of  said  corporation,  upon  all  passengers  and 
properly  of  all  descriptions,  which  may  be  conveyed  or  transported 


60  PENOBSCOT  RIVER   RAILROAD    CORPORATION. 

upon  said  road,  at  such  rates  as  may  be  established  from  time  to 
time,  by  the  directors  of  said  corporation.    And  the  transportation 
of  persons  and  property,  the  construction  of  wheels,  the  form  of 
cars  and  carriages,  the  weight  of  loads,  and  all  other  matters  and 
things  in  relation  to  the  use  of  said  road,  shall  be  in  conformity  to 
such  rules,  regulations,  and  provisions  as  the  directors  shall  from 
time  to  time  prescribe  and  direct;  and  said  road  may  be  used  by 
any  person    or   persons,  corporation  or  corporations,   who  shall 
comply  with  such  rules  and  regulations;   Provided,  that  after  ten 
years  from  the  completion  of  said  railroad  whenever  the  profits 
arising  from  tolls,  or  otherwise,  shall  exceed  the  amount  of  twelve 
per  centum  per  annum  on  the  actual  cost  of  said  railroad,  after 
deducting  all  necessary  disbursements  in  conducting  its  operations, 
then  the  legislature  shall  from  time  to  time  have  the  right  so  to 
reduce  such  tolls  as  may  have  been  established,  not  below  the  rate 
of  twelve  per  centum  per  annum  as  aforesaid,  as  may  be  judged 
expedient.     And  to  carry  this  provision  into  effect,  it  shall  be  the 
duty  of  said  corporation,  within  twelve  months  after  such  rail- 
road shall  have  been  put  in  operation,  or  any  section  thereof,  to 
make  returns  to  the  governor  and  council  of  the  actual  cost  of 
said  railroad,  or  section,  and   annually  thereafter  of  all  the  dis- 
bursements allowed  by  the  directors,  and  the  rates  of  toll  by  them 
established,  the  amount  of  tolls  and  other  profits  received,  and  the 
rate  of  profit,  or  per  centum  on  the  cost  aforesaid  actually  realized 
within  the  year.    And  if  the  legislature  shall  not  be  satisfied  with 
such  return,  the  legislature  may  require  an  examination  into  the 
affairs  of  the  corporation  in  such  manner  as   they  shall  direct. 
And  if  it  shall  appear  that  the  aflfairs  of  said  corporation  have  not 
been  economically  conducted  and  that  the  profits  arising  from  tolls 
or  otherwise  might  have  exceeded  the  maximum  of  twelve  per 
centum  per  annum,  or  that  any  wilful  evasion  of  the  provisions  of 
this  section  has  been  practised  by  said  corporation,  then  the  legis- 
lature shall  have  the  right  to  make  such  reasonable  reductions  of 
the  charges  for  disbursements  aforesaid,  allowed  and  charged  by 
said  directors,  as  shall  be  judged  economical,  and  from  such  basis 
so  to  reduce  the  tolls  and  profits,  not  however  below  twelve  per 
centum  per  annum  as  aforesaid,  as  shall  be  judged  expedient,  any 
thing  in  this  Act  to  the  contrary  notwithstanding. 

Sect.  5.  That  the  directors  of  said  corporation  for  the  time 
being,  are  hereby  authorized  to  erect  toll  houses,  establish  gates 
appoint  toll  gatherers,  and  demand  toll  upon  the  road  when  com- 


MAINE.  61 

pleted,  and  upon  such  parts  thereof  as  shall  from  time  to  time  be 
completed. 

Sect.  6.  That  if  any  person  shall  wilfully,  maliciously,  or  wan- 
tonly, and  contrary  to  law,  obstruct  the  passage  of  any  carriage  on 
said  railroad,  or  in  any  way  spoil,  injure,  or  destroy  said  railroad 
or  any  part  thereof,  or  any  thing  belonging  thereto,  or  any  material 
or  implement  to  be  employed  in  the  construction  or  for  the  use  of 
said  road,  he,  she,  or  they,  or  any  person  or  persons  assisting,  aid- 
ing, or  abetting  such  trespass,  shall  forfeit  and  pay  to  said  corpo- 
ration for  every  such  oifence,  treble  such  damages  as  shall  be 
proved  before  the  justice,  court,  or  jury  before  whom  the  trial 
shall  be  had,  to  be  sued  for  and  recovered  before  any  justice,  or 
any  court  proper  to  try  the  same,  by  the  treasurer  of  the  cor- 
poration, or  other  officer  whom  they  may  direct,  to  the  use  of  said 
torporation  ;  and  such  offender  or  offenders  shall  be  liable  to  in- 
dictment by  the  grand  inquest  of  the  county  within  which  such 
trespass  shall  have  been  committed,  for  any  offence  or  offences, 
contrary  to  the  above  provisions  ;  and  on  conviction  thereof,  before 
any  court  of  common  pleas,  to  be  holden  in  said  county,  shall 
pay  a  fine  not  exceeding  one  hundred  dollars  to  the  use  of  the 
State,  or  may  be  imprisoned  for  a  term  not  exceeding  one  year,  at 
the  discretion  of  the  court  before  whom  the  conviction  may  be 
had. 

Sect.  7.  That  it  shall  be  the  duty  of  the  directors  of  said  cor- 
poration, from  year  to  year,  to  make  a  report  to  the  legislature 
under  oath,  of  their  acts  and  doings,  receipts  and  expenditures, 
under  the  provisions  of  this  Act;  and  their  books  shall  be  open  at 
all  times  to  the  inspection  of  any  committee  of  the  legislature, 
appointed  for  that  purpose ;  and  if  such  corporation  shall  unrea- 
sonably neglect  or  refuse  to  make  such  report  at  the  expiration  of 
every  year,  after  the  opening  of  said  railroad,  for  every  such 
neglect  or  refusal,  they  shall  forfeit  and  pay  to  the  use  of  the  State, 
a  sum  not  exceeding  three  thousand  dollars,  to  be  recovered  by 
action  or  indictment  in  any  court  of  competent  jurisdiction. 

Sect.  8.  That  if  the  lesser  amount  of  the  stock  of  said  railroad 
mentioned  in  the  second  section  of  this  Act  shall  not  have  been 
subscribed,  the  corporation  organized,  and  the  location  of  the  road 
filed  with  the  county  commissioners  of  the  county  in  which  the 
land  proposed  to  be  taken  for  said  railroad  is  situate  and  with  the 
governor  and  council,  previous  to  the  first  day  of  January  in  the 
year  of  our  Lord  one  thousand  eight  hundred  and  thirty  eight,  or 

6 


62  PENOBSCOT    RIVER    RAILROAD     CORPORATION. 

if  the  said  corporation  shall  fail  to  complete  the  said  road  on  or 
before  the  first  day  of  January  in  the  year  of  our  Lord  one 
thousand  eight  hundred  and  forty  one,  this  Act  shall  be  null  and 
void. 

Sect.  9.  That  said  corporation  shall  constantly  maintain  in 
good  repair,  all  bridges  with  their  abutments  and  embankments, 
which  they  may  construct  for  the  purpose  of  conducting  their 
railroad  over  any  canal,  turnpike,  or  other  highway,  or  any  private 
way,  or  for  conducting  such  private  or  other  highway  over  said 
railroad. 

Sect.  10.  That  said  corporation  be,  and  they  hereby  are  author- 
ized and  empowered  to  erect  for  the  sole  and  exclusive  accommo- 
dation of  the  travel  on  their  said  railroad,  a  bridge  across  the 
waters  of  Penobscot  River,  Irom  Milford  to  Orono,  in  such  place 
as  they  may  think  proper ;  Provided^  said  bridge  shall  be  so  con- 
structed as  not  to  obstruct  or  unnecessarily  impede  the  navigation 
of  said  river  ;  and  said  corporation  shall  be  authorized  to  receive  no 
other  or  greater  rates  of  toll  for  passing  said  bridge  than  for  pass- 
ing a  like  distance  on  any  other  portion  of  said  railroad,  and  it 
shall  not  be  lawful  for  the  said  corporation  to  permit  the  passing 
of  said  bridge  at  Oldtovvn  by  carriages  of  any  description  other 
than  those  adapted  to  travelling  on  the  said  railroad,  nor  by  horses 
or  other  animals  not  attached  to  such  railroad  carriages,  nor  by 
persons  on  foot,  except  such  persons,  carriages,  horses  or  other 
animals  as  may  be  employed  in  the  immediate  service  of  the  cor- 
poration. 

Sect.  11.  That  the  provisions  of  an  Act  entitled  "  An  Act 
concerning  Corporations"  passed  March  seventeenth,  one  thousand 
eight  hundred  and  thirty-one,  shall  not  extend  or  apply  to  the  com- 
pany hereby  incorporated. 

Sect.  12.  That  the  said  corporation  shall  at  all  times,  when  the 
postmaster  general  shall  require  it,  be  holden  to  transport  the 
mail  of  the  United  States  from  and  to  such  place  or  places  on  said 
railroad,  as  required,  for  a  fair  and  reasonable  compensation.  And 
in  case  the  corporation  and  the  postmaster  general  shall  be  unable 
to  agree  upon  the  compensation  aforesaid,  the  legislature  of  the 
State  shall  fix  and  determine  the  same.  Approved^  March  15, 
1836. 


MAINE.  ~   63 

Laws  of  1837,  Chap.  295. 
An  additional  Act  to  establish,  the  Penobscot  River  Railroad  Corporation. 

Sect.  1  Be  it  enacted,  ^^c.  That  said  corporation  be,  and  they 
hereby  are  authorized  to  extend  that  branch  of  their  railroad  which 
by  the  Act  to  which  this  is  in  addition,  terminates  at  or  near  Lower 
Stillwater  in  Orono,  into  the  village  of  said  Lower  Stillwater,  and 
to  such  place  therein  as  may  best  accommodate  the  owners  of  mills 
in  said  village  with  the  facility  of  transporting  their  lumber  on  said 
railroad ;  and  from  thence  across  Stillwater  River  on  to  Marsh 
Island  and  over  said  Island  to  the  Great  Works  Mills  on  the  west 
side  of  the  eastern  branch  of  Penobscot  River  —  Provided  however, 
that  the  bridge,  which  said  corporation  may  erect  over  and  across 
Penobscot  River  from  Bradley  to  said  Stillwater,  shall  be  so  con- 
structed as  not  to  obstruct  or  unnecessarily  impede  the  navigation 
of  said  river,  and  said  corporation  shall  be  authorized  to  receive  no 
other  or  greater  rates  of  toll  for  passing  said  bridge  with  their  cars, 
than  for  passing  a  like  distance  on  any  other  portion  of  said  rail- 
road: Provided  also,  that  said  additional  branch  of  said  railroad 
may  be  used  by  any  person  or  persons,  corporation  or  corporations, 
who  shall  comply  with  such  rules  and  regulations  as  the  directors 
of  said  corporation,  shall  from  time  to  time  prescribe  and  direct, 
and  in  case  of  any  disagreement  between  this  corporation,  and  any 
other  railroad  company  which  has  been  or  may  hereafter  be  char- 
tered connecting  therewith,  as  to  the  terms,  and  conditions  on 
which  said  railroad  shall  be  used  by  them,  the  legislature  of  the 
State  shall  determine  the  same  :  And  provided  further,  that  said 
corporation  shall  after  they  commence  receiving  tolls,  be  bound  at 
all  times  to  have  said  railroad  in  good  repair,  and  a  sufficient 
number  of  suitable  carriages  and  vehicles  for  the  transportation  of 
persons,  lumber  and  merchandise,  and  be  obliged  at  all  proper 
times  and  places  to  receive  and  convey  the  same,  when  the  appro- 
priate tolls  therefor  shall  be  paid  or  tendered,  and  a  lien  is  hereby 
created  upon  merchandise  and  property  transported  upon  said  rail- 
road for  the  appropriate  tolls  thereof. 

Sect.  2.  That  if  said  corporation  shall  not  complete  this  branch 
of  the  road  within  two  years  from  the  passage  hereof,  then  this 
Act  shall  be  null  and  void.     Approved,  March  17,  1837, 


64  PENOBSCOT    RIVER    RAILROAD    CORPORATION. 

Laws  of  1838,  Chap.  426. 
An  additional  Act  to  establish  the  Penobscot  Eiver  Railroad  Corporation. 

Sect.  1.  Be  it  enacted^  cj'c.  That  said  corporation  be  authorized 
to  extend  that  branch  of  its  railroad  which  now  terminates  at  the 
Great  Works  Mills,  on  the  west  side  of  the  eastern  branch  of 
Penobscot  River,  to  the  cove  in  Oldtown  Village,  at  such  place  as 
may  best  accommodate  the  owners  of  mills  in  said  village  with  the 
facility  of  transporting  their  lumber  on  said  railroad. 

Sect.  2.  That  said  corporation  be  authorized  to  change  the 
location  of  its  railroad  in  such  places  as  may  be  found  in  the  pro- 
gress of  its  construction  to  be  necessary  or  convenient :  Provided  a 
report  be  made  of  such  changes,  and  filed  in  the  office  of  the  court 
of  county  commissioners,  in  the  county  in  which  such  new  loca- 
tion may  be  made,  and  in  the  office  of  the  secretary  of  state,  within 
sixty  days  from  the  completion  of  said  railroad. 

Sect.  3.  That  all  acts  or  things  to  be  done  or  performed  by  said 
corporation,  by  any  provisions  of  the  several  Acts  establishing  the 
same,  may  be  done  and  performed  at  any  time  before  the  first  day 
of  June,  in  the  year  of  our  Lord,  one  thousand  eight  hundred  and 
thirty-nine,  any  limitation  thereof  to  the  contrary  notwithstand- 
ing.    Approved,  March  6,  1838. 

Laws  op  1839,  Chap.  510. 
An  additional  Act  to  establish  the  Penobscot  River  Railroad  Corporation. 

Be  it  enacted,  ^-c.  That  all  acts  or  things  to  be  done  or  per- 
formed by  said  corporation,  by  any  of  the  provisions  of  the  eighth 
section  of  the  original  act  of  incorporation  of  said  company,  which 
were  required  to  have  been  done  before  the  first  day  of  January, 
in  the  year  of  our  Lord,  one  thousand  eight  hundred  and  thirty- 
eight,  and  which  by  an  additional  Act  of  March  sixth,  eighteen 
hundred  and  thirty-eight,  were  permitted  to  be  done  at  any  time 
before  the  first  day  of  June,  in  the  year  of  our  Lord,  eighteen 
hundred  and  thirty-nine,  may  be  done  and  performed  at  any  time 
before  the  first  day  of  March,  in  the  year  of  our  Lord,  eighteen, 
hundred  and  forty-one,  and  that  the  limitation  of  the  time  for 
completing  said  railroad  is  hereby  extended  to  the  first  day  of 


MAINE.  65 

March,    eighteen  hundred  and  forty-three.     Approved,  February 
20,  1839. 

Laws  of  1841,  Chap.  112. 
An  additional  Act  to  establish  the  Penobscot  River  Railroad  Corporation. 

Be  it  enacted^  (5*c.  That  all  acts  or  things  to  be  done  or  per- 
formed by  said  corporation,  by  any  of  the  provisions  of  the  eighth 
section  of  the  original  Act  of  incorporation  of  said  company,  which 
were  required  to  have  been  done  before  the  first  day  of  January, 
in  the  year  of  our  Lord,  one  thousand  eight  hundred  and  thirty- 
eight,  and  which,  by  an  additional  Act  of  March  sixth,  eighteen 
hundred  and  thirty-eight,  were  permitted  to  be  done  at  any  time 
before  the  first  day  of  June,  eighteen  hundred  and  thirty-nine,  and 
by  an  additional  Act  of  February  twentieth,  eighteen  hundred  and 
thirty-nine,  were  permitted  to  be  done  and  performed  at  any  time 
before  the  first  day  of  March,  eighteen  hundred  and  forty-one ; 
may  be  done  and  performed,  at  any  time  before  the  first  day  of 
March,  in  the  year  of  our  Lord  one  thousand  eight  hundred  and 
forty-four ;  and  that  the  hmitation  of  the  time,  for  completing  said 
railroad,  is  hereby  extended  to  the  first  day  of  March,  eighteen 
hundred  and  forty-five.     Approved,  March  5,  184L 


JONESBOROUGH  AND  WHITNEYVILLE  RAILROAD    COMPAN-^. 

INCORPORATED    IN    MAINE    IN    1836. 

Chapter  122  o/"  the  Special  Laws  of  1836  contains  the  Charter. 

Sect.  1  grants  corporate  powers  for  the  term  of  thirty  years,  subject  to  the  terms  of 
"  an  Act  concerning  corporations  "  passed  February  16,  1836,  and  "  an  Act  defining 
certain  rights  and  duties  of  railroad  corporations,"  passed  March  1,  1836. 

Sect.  2  describes  the  location,  authorizing  highways  to  be  laid  out  across  said  rail- 
road. 

Sect.  3  divides  the  capital  stock  into  1000  shares  of  $100  each,  vests  the  government 
in  not  less  than  five  nor  more  than  nine  directors,  provides  for  the  choice  of  offi- 
cers, and  authorizes  them  to  make  by-laws  not  repugnant  to  the  laws  of  the  State. 

Sect.  4  appoints  the  time  of  the  annual  meeting  when  directors  shall  be  chosen, 
entitling  shareholders  to  a  vote  for  each  share,  provided  no  member  shall  be 
entitled  to  more  than  twenty  votes. 

Sect.  5  empowers  them  to  purchase  and  hold  real  estate  not  exceeding  $100,000  or 
the  purposes  of  the  road,  and  to  make  assessments  on  shares. 

Sect.  6  makes  the  shares  personal  properly  and  transferable  according  to  these 
regulations. 

6* 


66        JONESBOROUGH   AND    WHITNEYVILLE    RAILROAD    COMPANY. 

Sect.  7  provides,  if  the  road  from  Middle  Falls  to  Jonesborough  be  not  completed 
in  two  years  herefrom,  that  so  much  of  this  Act  as  relates  to  that  part  of  the  road 
shall  be  void ;  and  if  the  road  from  Great  Falls  be  not  completed  in  four  years 
herefrom,  so  much  of  the  Act  as  relates  to  that  part  of  the  railroad  shall  be  void. 

Sect.  8  grants  a  toll,  and  establishes  the  rates  of  toll  of  the  road  from  Middle  Falls, 
and  provides  that  all  articles  to  be  transported  on  this  road  shall  be  placed  thereon 
and  taken  therefrom  at  the  owner's  expense. 

Sect.  9  makes  similar  provisions  respecting  the  road  from  Great  Falls, 

Sect.  10  requires  that,  after  commencing  to  receive  tolls,  they  shall  keep  the  road  in 
good  repair,  provide  suitable  vehicles,  and  transport  all  articles,  the  toll  being 
first  paid  or  tendered. 

Sect.  11  provides  that  any  person  placing  obstructions  on  or  injuring  said  roads,  or 
any  work  connected  with  them,  shall  forfeit  to  the  Company  not  less  than  $5  nor 
more  than  $500,  and  shall  be  liable  to  indictment  and  fine  of  not  less  than  $20 
nor  more  than  $100. 

Sect.  12  directs  the  mode  of  organization. 

Chapter  488  of  the  Special  Laws  of  1838  contains  an  additional  Act. 

It  provides  that,  unless  the  railroads  mentioned  in  said  Act  be  completed  within 
three  vears  herefrom,  so  much  of  said  Act  as  relates  thereto  shall  be  void. 


Laws  of  1836,  Chap.  122. 
An  Act  to  incorporate  the  Jonesborough  and  Whitneyville  Railroad  Company. 

Sect.  1.  Be  it  enacted,  Sfc.  That  Edmund  Monroe,  Samuel  J. 
Lewis,  Joseph  Whitney,  Benjamin  Mathes,  Charles  Elhs,  Charles 
E.  Bowers,  Amos  Binney,  James  C.  Dunn,  Mortimer  M.  Jackson, 
Andrew  Hinkley,  their  associates,  successors,  and  assigns  be  and 
they  hereby  are  created  a  corporation  by  the  name  of  the  Jones- 
borough and  Whitneyville  Railroad  Company,  and   shall  so  con- 
tinue for  the  space  of  thirty  years  from  the  passing  of  this  Act,  and 
shall  be  entitled  to  all  the  privileges,  and  subject  to  all  the  duties, 
liabilities,  and  requirements  provided  for  in  the  Act  entitled,  "  An 
Act  concerning  Corporations,"  passed  February  sixteenth,  in  the 
year  of  our  Lord,  one  thousand  eight  hundred  and  thirty  six ;  and 
also  an  Act  entitled  "  An  Act  defining  certain  rights  and  duties  of 
Railroad  Corporations,"  passed  the  first  day  of  March,  in  the  year 
of  our  Lord,  one  thousand  eight  hundred  and  thirty-six. 

Sect.  2.  That  said  corporation  is  authorized  to  locate,  construct, 
and  maintain  a  railroad  from  some  point  near  the  mills  at  Middle 
Falls  on  the  west  side  of  Machias  West  River ;  and  to  extend  the 
same  to  some  point  at  tide  waters  in  Jonesborough  ;  and  also  to 
locate,  construct,  and  maintain  a  railroad  from  some  point  near 


MAINE.  67 

the  Great  Falls  on  the  west  side  of  Machias  West  River  to  inter- 
sect the  first  mentioned  railroad,  in  the  most  snitable  and  convenient 
place  between  the  Middle  Falls  and  the  tide  waters  in  Jonesbo- 
rough.  Saving  to  the  public  the  right  to  locate  and  construct  any 
highway  across  said  railroad,  subject  to  the  existing  provisions  of 
law  for  the  location,  construction,  and  repair  of  highways. 

Sect.  3.  That  the  capital  stock  of  said  corporation  shall  consist 
of  one  thousand  shares,  of  one  hundred  dollars  each  share;  and 
the  government  of  said  corporation  shall  be  vested  in  not  more 
than  nine,  nor  less  than  five  directors,  who  shall  hold  their  office 
for  one  year,  and  imtil  others  are  chosen  in  their  room,  and  a 
majority  of  them  shall  form  a  quorum  for  transacting  business, 
and  they  shall  elect  one  of  their  number  president  of  the  board  of 
directors,  who  shall  also  be  president  of  the  corporation,  and  said 
corporation  shall  choose  all  other  necessary  officers,  and  make  ne- 
cessary by-laws  and  regulations  for  the  management  of  their  affairs, 
not  repugnant  to  the  laws  of  this  State. 

Sect.  4.  That  the  annual  meeting  of  the  members  of  said  cor- 
poration shall  be  holden  on  the  third  Tuesday  in  June,  at  such  an 
hour  and  place  as  the  directors  shall  designate ;  at  which  meeting 
the  directors  shall  be  chosen  by  ballot,  allowing  each  member  of 
said  corporation  at  least  one  ballot,  and  as  many  votes  more  as  he 
shall  hold  shares.  Provided^  That  no  niember  shall  be  allowed 
more  than  twenty  votes. 

Sect.  5.  That  said  corporation  may  purchase  and  hold  real 
estate,  not  exceeding  in  amount,  at  any  one  time,  the  value  of  one 
hundred  thousand  dollars  for  the  purpose  of  erecting  wharves, 
making  docks,  ship  yards,  brick  yards,  piling  places,  store,  houses, 
and  other  buildings  for  the  use  and  convenience  of  said  corpora- 
tion, and  may  make  assessments  on  the  shares,  and  collect  the 
same,  as  may  be  provided  in  their  by-laws.  • 

Sect.  G.  That  shares  in  the  stock  of  the  corporation  aforesaid, 
shall  be  deemed  and  taken  to  be  personal  estate,  and  may  be  trans- 
ferred under  such  regulations  as  may  be  lawfully  established  by 
said  corporation. 

Sect.  7.  That  unless  said  railroad  from  the  Middle  Falls  afore- 
said to  the  tide  waters  in  Jonesborough  be  completed  in  two  years 
from  the  time  of  passing  this  Act,  then  so  much  of  this  Act  as 
relates  to  said  railroad  shall  be  void ;  and  if  the  railroad  from 
the  Great  Falls  aforesaid  be  not  completed  within  four  years  from 
the  time  of  passing  this  Act,  then  so  much  thereof  as  relates  to  said 
railroad  shall  be  null  and  void. 


68         JONESBOROUGH    AND    WHITNEYVILLE    RAILROAD    COMPANY. 

Sect.  8.   That  a  toll  be  and  hereby  is  granted  and  estabhshed 
for  the  benefit  of  said  corporation,  for  conveyance  on  the  rail- 
roads, from  Middle  Falls  to  the  tide  waters  in  Jonesborongh,  ac- 
cording to  the  rates  following,  to  wit :  for  all  planks,  boards,  joist, 
or  other  sawed  stuff  or  timber  squared,  other  than  hard  wood,  forty 
cents  per  thousand,  board  measure;  for  the  same  if  hard  wood, 
fifty  cents  per  thousand  ;  for  spars  and  masts,  per  ton  of  soft  wood, 
forty  cents ;  on  piling,  per  ton,  twenty  cents ;  on  round  timber,  soft 
wood  other  than  spars,  masts,  and  piling,  per  ton,  twenty  cents ; 
on  round  timber  hard  wood,   per  ton,  fifty  cents;  on  ship  timber 
hard  wood,  per   ton,  fifty  cents ;  on  same,  of  soft  wood,  per  ton, 
thirty  cents;  on   knees  of  an  average  size,  thirteen  to  a  ton,  per 
ton,   sixty  cents ;  on  oars,   per  thousand  feet,  one  dollar  ;  on  tree 
nails,  per  thousand  feet,  thirty  cents  ;  on  clapboards,  per  thousand, 
fifty  cents ;  on  laths,  per  thousand,  ten  cents;  on  barrel  staves, 
hard  wood,  forty  cents  ;  on  same  of  soft  wood,  twenty-five  cents ; 
on  hogshead  staves,  per  thousand,  sixty  cents ;  on  shingles,  per 
thousand,  twelve  and  half  cents ;  on  hogshead  hoops  and  barrel 
hoop  poles,  per  thousand,  eighty  cents ;  on  bricks,  per  thousand, 
fifty  cents;  on  shooks  each,  six  cents;  on  sugar  boxes  each,  five 
cents;  on  heading  pairs,  one  hundred,  seventy  cents ;  on  fencing 
posts,  one  hundred  in  number,  one  dollar  and  eighty  cents ;  on 
hard  wood  and  bark,  per  cord,  fifty  cents;  on  soft  wood,  per  cord, 
thirty  cents ;  on  gypsum,  sand  grindstones,  granite,  wrought  and 
unwrought,  per  ton,  twenty  five  cents  ;  on  iron,  nails,  spikes,  lead, 
and  hollow  ware,  per  ton,  fifty  cents;  on  salt,   per  bushel,  three 
cents ;  on  bales  of  cotton,  and  cotton  factory  goods,  per  ton,  fifty 
cents ;  on  screwed  hay  in  bundles,  per  ton,  sixty  cents ;  on  char- 
coal, per  hundred  bushel,  fifty  cents ;  on  boxes  of  dry  goods,  per 
ton  of  forty  feet,  fifty  cents;  on  crates  of  ware  each,  forty  cents; 
on  chests  of  tea  each,  six  cents ;  on  ploughs  each,  ten  cents ;  on 
lime,  per  cask,   twelve  and  half   cents ;  on  boxes  of  glass,  one 
hundred  feet  each,  six  cents  each  ;  on  molasses,   the  hogshead, 
fifty  cents;    ditto,  in  tierce,  twenty  cents;  ditto,  in  barrels,  ten 
cents;  on  spirits,  wine,  tierce  each,  twenty  five  cents;  beef,  pork, 
pickled   fish,   and  cider,   per  barrel   each,  ten  cents ;    on  bread, 
crackers,  and  apples,  per  barrel,  eight  cents  each;  on  dried  fish, 
per  hundred  weight,  five  cents ;  on  oats,  corn,  or  other  grain,  two 
cents  per  bushel ;  on  potatoes  and  other  vegetables,  two  cents  per 
bushel ;  on  all  other  articles,  in  proportion  to  weight  and  bulk  ;  on 
passengers,  ten  cents  each,  and  all  articles  intended  to  be  con- 


MAINE.  69 

veyed  on  said  railroad,  shall  be  placed  thereon  by  the  respective 
owners  thereof,  and  taken  therefrom  by  them  or  at  their  expense. 
Sect.  9.  That  a  toll  be  and  hereby  is  granted  and  established, 
for  the  benefit  of  said  Corporation,  for  the  conveyance  on  the  rail- 
road from  the  Great  Falls  on  Machias  West  River  to  the  tidewaters 
in  Jonesborongh,  according  to  the  rates  following,  to  wit :  on  all 
planks,  boards,  and  other  sawed  stuff,  and  tmiber  squared  other 
than  hardwood,  board  measure,  fifty  cents  per  thousand;  on  the 
same,  if  hard  wood,  sixty  cents  per  thousand  ;  on  spars  and  masts, 
per  ton  of  soft  wood,  forty  cents ;  on  piling,  per  ton,  twenty  cents; 
on  round  timber,  soft  wood,  other  than  masts,  spars,  and  piling, 
per  ton,  thirty  cents  ;  on  round  timber,  hard  wood,  per  ton,  fifty 
cents  ;  on  ship  timber,  hard  wood,  per  ton,  fifty  cents;  on  the  same, 
soft  wood,  thirty  cents  per  ton  ;  on  knees  of  an  average  size,  thir- 
teen to  a  ton,  per  ton,  sixty  cents  ;  on  oars,  per  thousand  feet,  one 
dollar;  on  tree  nails,  per  thousand  feet,  thirty-five  cents  ;  on  clap- 
boards, per  thousand,  sixty  cents;  on  laths,  per  thousand,  twelve 
and  half  cents;  on  hogshead  staves,  per  thousand,  seventy  cents; 
on  barrel  staves,  hard  wood,  fifty  cents;  on  same,  soft  wood,  thirty 
cents;  on  shingles,  per  thousand,  fifteen  cents  ;  on  hogshead  hoops 
and  barrel  hoop  poles,  per  thousand,  one  dollar;  on  bricks,  per 
thousand,  sixty  cents ;  on  shooks  each,  seven  cents  ;  on  sugar 
boxes  each,  seven  cents  ;  on  heading  pairs,  one  hundred  in  number, 
eighty  cents;  on  fencing  posts,  one  hundred  in  number,  two  dol- 
lars ;  on  hard  wood  and  bark,  per  cord,  fifty  cents ;  on  soft  wood, 
per  cord,  thirty  cents;  on  gypsum,  sand,  grindstones,  and  granite, 
wrought  or  unwrought,  per  ton,  thirty  cents  ;  on  iron,  nails,  spikes, 
lead,  and  hollow  ware,  per  ton,  fifty  cents  ;  on  salt,  three  cents  per 
bushel;  on  bales  of  cotton  and  cotton  factory  goods,  per  ton,  sixty 
cents  ;  on  hay  in  bundles  screwed,  seventy-five  cents;  on  charcoal, 
per  hundred  bushels,  seventy-five  cents ;  on  crates  of  ware  each, 
fifty  cents ;  on  boxes  of  dry  goods,  per  ton  of  forty  feet,  seventy 
cents  ;  on  chests  of  tea  each,  ten  cents ;  on  ploughs  each,  ten  cents ; 
on  lime,  the  cask,  twelve  and  half  cents ;  on  boxes  of  glass,  one 
hundred  feet  each,  ten  cents ;  on  molasses,  the  hogshead,  fifty 
cents  ;  ditto  in  tierce,  twenty-five  cents  ;  ditto  in  barrel,  ten  cents  ; 
on  spirits  or  wine,  tierce,  each  thirty  cents ;  on  beef,  pork,  and 
pickled  fish,  each  ten  cents;  on  flour,  cider,  each,  eight  cents  per 
barrel ;  on  bread,  crackers,  and  apples,  per  barrel  each,  six  cents ; 
on  corn,  oats,  and  other  grain,  two  cents  per  bushel ,  on  potatoes 
and  other  vegetables,  per  bushel,  two  cents  each  ;  on  dried  fish, 
per  hundred  weight,  three  cents  ;  on  other  articles  not  enumerated, 


70        JONESBOROUGH    AND    WHITNEYVILLE    RAILROAD    COMPANY. 

in  proportion  to  bulk  and  weight :  on  passengers,  twelve  cents  each  ; 
all  articles  of  every  description  to  be  placed  on  the  railroad  cars 
and  taken  therefrom  by  the  owner  or  owners  of  the  articles,  or  by 
their  agent,  or  pay  for  placing  them  thereon,  and  taking  them 
therefrom  in  addition  to  the  rates  of  toll. 

Sect.  10.  That  said  corporation  shall  constantly,  from  and  after 
the  time  when  they  commence  the  taking  of  toll  for  transportation 
of  any  of  the  articles  aforesaid,  have  and  m.aintain  in  good  repair, 
and  for  use,  a  good  and  convenient  railroad,  constructed  of  suit- 
able materials,  and  provide  fit  vehicles  and  carriages  with  all  ne- 
cessary apparatus  for  the  safe  conveyance  of  all  such  articles  as 
they  may  be  required  to  transport  upon  said  railroads,  or  either  of 
them;  and  shall  be  held  and  obliged  to  take  charge  of,  and  convey 
the  same  accordingly,  the  toll  being  first  paid  or  tendered. 

Sect.  11,  That  if  any  person  shall  wilfully,  maliciously,  or  con- 
trary to  law,  take  up,  remove,  undermine,  or  otherwise  injure  or 
obstruct  any  part  of  either  of  said  railroads,  or  any  work  connected 
with  or  appertaining  to  the  same,  such  person  shall,  for  every  such 
offence,  forfeit  and  pay  to  said  corporation  a  sum  not  less  than  five 
nor  more  than  five  hundred  dollars,  according  to  the  aggravation 
of  the  injury  done  or  committed,  and  such  offender,  or  offenders, 
shall  further  be  liable  to  indictment  for  such  trespass  or  trespasses, 
and  on  conviction  thereof  shall  be  sentenced  to  pay  a  fine  to  the 
State  of  not  less  than  twenty,  nor  more  than  one  hundred  dollars, 
at  the  discretion  of  the  court  before  whom  the  same  shall  be  tried. 

Sect.  12.  That  any  two  of  the  persons  named  in  this  Act,  are  au- 
thorized to  call  the  first  meeting  of  said  corporation,  by  publishing  ^ 
the  time  and  place  thereof,  three  weeks  successively  in  the  Eastern 
Democrat  a  paper  printed  in  Calais,  in  the  county  of  Washington, 
and  in  one  newspaper  printed  in  the  city  of  Boston,  state  of  Mas- 
sachusetts, at  which  meeting  the  board  of  directors  may  be  chosen 
and  other  corporate  business  transacted.  Approved,  March  16,  1836. 

Laws  of  1838,  Chap.  488. 

An  Act  in  addition  to  an  Act  entitled  an  Act  to  incorporate  the  Jonesborough  and 

Whitneyville  Railroad  Company. 

Be  it  enacted,  ij'c.  That  unless  the  railroads  mentioned  in  the  Act 
to  which  this  is  additional,  shall  be  completed  in  three  years  from 
the  time  of  the  passing  of  this  Act,  then  so  much  of  the  Act  to  which 
this  is  additional  as  relates  to  said  railroads,  shall  be  void  and  not 
otherwise,  any  thing  in  the  Act  to  which  this  is  additional  to  the 
contrary  notwithstanding.     Approved,  March  23,  1838. 


MAINE.  71 


EEADFIELD,  WINTHEOP   AND  COBBOSSEE  CONTEE  CANAL  AND 

RAILROAD  COMPANY. 

INCORPORATED  IN   MAINE  IN  1836. 

Chapter  126  of  the  Special  Laws  of  1836  contahis  the  Charter. 

Sect.  1  grants  corporate  powers,  authorizing  them  to  make  by-laws  not  repugnant 
to  the  laws  of  the  State,  and  enforce  penalties,  for  the  breach  thereof,  not  exceed- 
ing $10,  recoverable  in  an  action  of  debt ;  subject  to  the  provisions  of  "An  Act 
concerning  Corporations,"  passed  February  16,  1836. 
Sect.  2  describes  the  route  of  a  canal  or  railroad,  to  render  certain  rivers  and  streams 

navigable,  authorizing  them  to  construct  all  works  necessary  therefor. 
Sect.  3  authorizes  them  to  lay  out  a  railroad  or  tow-path  not  exceeding  four  rods  in 
width  and  to  hold  real  estate  therefor,  paying  for  said  land  damages  as  prescribed 
in  "  An  Act  defining  certain  rights  and  duties  of  Railroad  Corporations,"  passed 
March  1,  1836  ;  provided  they  shall  not  take  certaiii  waters  so  as  to  injure  certain 
miU  privileges  without  the  consent  of  the  owners  thereof. 
Sect.  4  authorizes  them  to  establish  rates  of  toll,  and  construct  necessary  buildings, 
having  a  lien  on  roads,  carriages,  or  articles  for  tolls  with  power  to  sell  the  same 
for  the  same  and  expenses,  and  if  they  are  not  paid  within  thirty  days  from  the 
time  of  transportation,   an  action  of  debt  may  be  maintained,  and  any  person 
observing  these  provisions  shall  have  goods  transported  over  the  road. 
Sect.  5  provides,  if  any  person  shall  wilfully  obstruct  any  vessel  in  said  canal  or  car 
on  said  railroad,  or  shall  injure  the  Company's  property,  shall  forfeit  to  the  Com- 
pany treble  the  amount  of  damages,  to  be  recovered  in  an  action,  and  shall  be 
liable  to  indictment,  and  fine  or  imprisoimient. 
Sect.  6  requires  them  to  build  and  mamtain  bridges  over  any  crossings. 
Sect.  7  provides  that  the  capital  stock  shall  not  exceed  $200,000,  in  shares  of  $50 
each,  and  that  they  may  hold  real  estate  sufiicient  for  their  purposes,  and  that  the 
shares  shall  be  deemed  personal  estate,  that  equal  assessments  shall  be  made 
thereon,  and  shares  sold  for  nonpaj-ment  of  assessments. 
Sect.  8  provides  for  the  time  of  holding  regular  meetings,  each  shareholder  being 
entitled  to  as  many  votes  as  he  holds  shares,  and  he  may  vote  by  proxy,  and 
directs  the  manner  of  caUing  special  meetings. 
Sect.  9  directs  the  manner  of  publicly  proclaiming  the  rates  of  toll,  and  aU  regula- 
tions of  the  road  ;  and  provides  that  no  action  shall  be  maintained  for  the  recovery 
of  any  penalty,  imtil  these  rules  have  been  observed. 


Laws  of  1836,  Chap.  126. 

An  Act  to  incorporate  the  Readfield,  Winthrop,  and  Cobbossee  Contee  Canal  and 

Railroad  Company. 

Sect.  1.  Be  it  enacted,  ^-c.  That  Stephen  Sewall,  Thomas  New- 
man, GustavLis  A.  Benson,  EUjah  Wood,  Oaks  Howard,  Joseph 


72     RBADFIELD   AND   WINTHROP   CANAL   AND   RAILROAD    COMPANY. 

Additon,  Peleg  Benson,  Jr.,  Daniel  Carr,  Samuel  Benjamin, 
Samuel  P.  Benson,  David  Stanley,  Cyrus  Knapp,  Samuel  Chand- 
ler, John  Fairbanks,  Nathan  Foster,  Jonathan  Whiting,  Moses 
White,  Francis  Fuller,  2d.,  Horace  Parhn,  James  B.  Fillebrovvn, 
Wadsworth  Foster,  Oliver  Foster,  Lloyd  Thomas,  Columbus 
Fairbanks,  Joseph  A.  Metcalf,  John  Lovering,  Truxton  Wood, 
Francis  Perley,  Robert  H.  Gardiner,  Parker  Sheldon,  Richard 
Clay,  Henry  B.  Hoskins,  John  S.  Mitchell,  Ansel  Clark,  Ebene- 
zer  F.  Deane,  Edward  Swan,  Enoch  Marshall,  Ivory  Nudd, 
Michael  Woodward,  Henry  Bowman,  William  Bradstreet,  John 
Hazelline,  Jonathan  G.  Huntoon,  Edward  Fuller,  Oliver  Bean, 
William  Vance,  David  F.  Sampson,  Jere.  Page,  James  R.  Bachel- 
der,  David  H.  Foster,  Dudley  Moody,  John  Smith,  James  Fille- 
brown,  Jr.,  Moses  Whittier,  Thomas  Pierce,  their  associates,  suc- 
cessors and  assigns  be,  and  hereby  are  constituted  a  body  politic 
and  corporate,  by  the  name  of  the  Readfield,  Winthrop,  and 
Cobbossee  Contee  Canal  and  Railroad  Company,  with  power  to 
make  such  by-laws  for  the  regulation  of  their  affairs,  not  repugn 
nant  to  the  laws  of  this  State,  as  they  from  time  to  time  may 
deem  expedient,  and  to  establish  and  fix  such  penalties  and  for- 
feitures for  the  breach  thereof  as  shall  be  just  and  reasonable,  not 
exceeding  ten  dollars  for  any  one  offence,  and  to  sue  for  and  pros- 
ecute the  same  in  an  action  of  debt  to  the  use  of  said  company, 
before  any  justice  of  the  peace  for  the  county  in  which  the  offence 
shall  have  been  committed ;  and  generally,  to  have  and  enjoy  all 
the  powers,  privileges  and  immunities,  and  subject  to  all  the  liabil- 
ities incident  to  similar  corporations,  and  especially,  as  created  by 
an  Act  entitled  "  an  Act  concerning  corporations,"  passed  the  six- 
teenth day  of  February,  in  the  year  of  our  Lord,  one  thousand 
eight  hundred  and  thirty-six. 

Sect.  2.  That  the  said  company  are  authorized  and  empowered 
to  make,  construct  and  maintain  a  canal  or  railroad,  or  canal  and 
railroad  from  Readfield  through  or  near  Winthrop  Village  to  the 
lakes  or  ponds  adjacent  thereto,  and  connecting  by  canals  or  rail- 
roads the  lakes  or  ponds  in  the  route  with  the  Cobbossee  Contee 
River,  and  also  said  river  with  the  Kennebec  River  at  Gardiner, 
and  to  render  said  lakes,  ponds  and  streams,  or  any  part  or 
parts  thereof  navigable  for  boats  and  other  floating  substances, 
and  to  erect,  construct  and  maintain  such  dams,  locks,  piers,  tow- 
paths,  reservoirs,  aqueducts,  feeders,  culverts,  wasteways,  basins, 
embankments,  bridges,  channels,  and  such  other  works  as  they 


MAINE.  73 

shall  deem  necessary  and  proper  for  facilitating  the  transportation 
of  lumber,  merchandise  and  other  commodities  to,  and  from  Read- 
field  and  Winthrop  and  the  neighboring  towns  and  the  Kennebec 
River. 

Sect.  3.  That  said  company  are  authorized  and  empowered  to 
lay  out  and  locate  a  route  for  such  canal  or  railroad,  with  tow 
paths,  sites  for  basins,  wharves,  piers,  rivers,  dams,  locks,  reser- 
voirs, embankments,  lands  from  whence  to  take  stone  and  gravel 
for  said  works  and  such  other  things  and  works  as  they  may 
deem  necessary  as  aforesaid ;  such  railroad  or  tow  path  not  to 
exceed  four  rods  in  width  ;  and  for  the  lands  taken  for  the  uses 
and  purposes  aforesaid,  said  company  shall  be  liable,  and  bound 
to  make  compensation  to  the  owner  or  owners  thereof  in  the  same 
manner  as  is  provided  in  the  Act  entitled  "an  Act  defining  certain 
rights  and  duties  of  railroad  corporations,"  passed  the  first  day  of 
March,  in  the  year  of  our  Lord  one  thousand  eight  hundred  and 
thirty-six,  Provided^  That  the  waters  of  Winthrop  North,  or 
Chandler's  Mill  Pond,  shall  not  be  taken  to  the  injury  of  any 
mills  or  privileges  between  said  pond  and  Winthrop  South  Pond, 
except  with  the  free  consent  of  the  owners  thereof  to  said  company. 

Sect.  4.  That  said  company  are  authorized  and  empowered  to 
establish  such  rates  of  toll  on  and  for  their  canal  or  railroad,  or 
canal  and  railroad  as  they  may  deem  just  and  proper,  and  to  erect 
such  toll-houses,  and  appoint  such  loll  gatherers  as  they  may  deem 
necessary;  to  erect  and  maintain  such  warehouses,  wharves  and 
lumber  yards  for  the  safe  keeping  of  lumber,  or  other  commodities 
transported,  or  to  be  transported  thereon,  and  to  have  and  retain  a 
lien  on  any  boat,  carriage,  or  commodity  for  the  tolls  due  thereon, 
with  power  to  sell  so  much  thereof  as  may  be  necessary  to  pay 
such  tolls,  with  incidental  expenses,  unless  the  same  shall  be  paid 
within  thirty  days  from  the  transportation  thereof,  or  such  tolls 
and  incidental  expenses  may  be  recovered  of  the  owner  thereof,  by 
an  action  of  debt  before  any  court  of  competent  jurisdiction.  And 
any  person,  or  persons  conforming  to  the  regulations  of  said  com- 
pany and  paying  the  tolls  by  them  established,  shall  have  full 
right  to  pass  over  and  upon,  and  to  use  the  canal  or  railroad  and 
other  works  of  said  company. 

Sect.  5.  That  if  any  person  shall  wilfully  or  maliciously  ob- 
struct the  passage  of  any  boat,  or  other  floating  substance  on  said 
canal,  or  any  car,  or  carriage  on  said  railroad,  or  in  any  way 
injure  or  destroy  said  canal  or  railroad,  or  any  part  thereof,  or  any 

7 


74     RBADFIELD   AND   WINTHROP   CANAL   AND   RAILROAD    COMPANY. 

thing  belonging  thereto,  or  any  material  or  implement  to  be  em- 
ployed in  the  construction,  or  for  the  use  of  said  canal  or  railroad ; 
he,  she,  or  they,  or  any  person,  or  persons,  assisting,  aiding,  or 
abetting,  such  trespass,  shall  forfeit  and  pay  treble  damages  for 
every  such  offence,  to  be  sued  by  such  officer  or  person  as  said 
company  shall  appoint,  to  the  use  of  the  corporation,  and  prose- 
cuted to  final  judgment  before  any  court  of  competent  jurisdiction. 
And  such  offender  or  offenders  shall  be  liable  to  indictment  by  any 
grand  jury  of  the  county  within  which  such  offence  or  offences 
shall  have  been  committed;  and  on  conviction  thereof  before  any 
court  competent  to  try  the  same,  shall  pay  a  fine  not  exceeding 
one  hundred  dollars  to  the  use  of  the  State,  or  be  imprisoned  for  a 
term  not  exceeding  one  year,  either,  or  both  at  the  discretion  of  the 
court  before  whom  such  conviction  may  be  had. 

Sect.  6.  That  said  company  shall  build  and  keep  in  good 
repair,  safe  and  convenient  bridges  over  their  canal,  whenever  the 
same  shall  be  constructed  across  any  highway  or  townway  so  as 
not  to  impede  the  safe  and  convenient  use  of  such  road. 

Sect.  7.  That  the  capital  stock  of  said  company  shall  consist  of 
such  sum  as  shall  be  from  time  to  time  determined  on  by  said 
company,  not  exceeding  two  hundred  thousand  dollars,  which 
shall  be  divided  into  shares  of  fifty  dollars  each,  and  may  be 
vested  in  such  real  or  personal  estate  as  said  company  may  deem 
expedient;  and  the  said  shares  shall  be  deemed  personal  property, 
and  be  transferable  in  such  manner  as  the  by-laws  shall  direct. 
And  said  company  may  raise  such  sums  of  money  as  they  may 
judge  necessary,  by  equal  assessments  on  said  shares,  and  may 
establish  such  uniform  mode  for  the  sale  of  shares  for  the  nonpay- 
ment of  assessments  as  they  may  judge  expedient. 

Sect.  8.  That  the  regular  meetings  of  said  company  shall  be 
holden  at  such  times  and  places,  and  be  notified  in  such  manner  as 
the  by-laws  of  said  company  may  prescribe ;  at  which  meetings 
of  said  company  such  officers  and  agents  shall  be  appointed  and 
chosen,  and  who  shall  have  such  powers,  and  perform  such  duties 
as  such  by-laws  shall  provide.  And  at  all  meetings  of  said  com- 
pany each  stockholder  shall  be  entitled  to  as  many  votes  as  he 
holds  shares,  and  may  by  writing  under  his  hand,  depute  any 
other  person  to  vote  and  act  for  him,  as  his  proxy.  And  all  special 
meetings  of  said  company  shall  be  called  and  notified  in  such  man- 
ner, and  by  such  officer  as  shall  be  provided  for  in  the  by-laws  of 
said  company. 


MAINE.  75 

Sect.  9.  That  the  rates  of  toll,  the  rules  and  regulations  to  be 
observed  by  those  who  shall  pass  over  and  upon,  or  use  the  said 
canal  or  railroad,  or  other  works,  and  the  fines  and  forfeitures  for 
the  breach  of  such  rules  and  regulations  as  shall  be  established  by 
said  company  shall  be  printed  in  a  plain,  intelligible  and  durable 
manner,  and  kept  constantly  posted  in  the  most  public  and  con- 
spicuous place  in  each  of  their  toll-houses,  ware-houses,  and  at 
the  most  public  and  conspicuous  places  on  the  route  of  said  canal 
or  railroad,  so  far  as  may  be  practicable ;  and  no  toll,  fine,  or  for- 
feiture shall  be  demanded,  nor  action  thereon,  or  therefor  be  sus- 
tained, until  the  provisions  of  this  section  shall  have  been  complied 
with.    Approved,  March  18,  1836. 


HAMPDEN  AND  CARMEL  CANAL  AND  RAILROAD  COMPANY. 

INCORPORATED    IN   MAINE    IN    1836. 

Chapter  145  of  the  Special  Laws  of  1836  contains  the  charter. 

Sect.  1  grants  corporate  powers,  authorizing  them  to  construct  a  Canal  or  Railroad 
with  all  the  necessary  works,  and  describes  the  route. 

Sect.  2  empowers  them  to  lay  out  a  canal,  railroad,  or  towing  path  not  exceeding 
four  rods  in  width,  and  take  land  therefor,  according  to  the  provisions  of  an  Act 
passed  March  1,  1836,  paying  therefor  damages  as  prescribed  in  said  Act ;  and  to 
use  the  waters  of  streams  necessary  for  said  canal,  provided  the  mill  privileges  on 
said  streams  shall  not  be  injured  thereby. 

Sect.  3  authorizes  them  to  make  by-laws,  and  recover  penalties  therein  provided  not 
exceeding  $  10,  if  said  by-laws  are  approved  by  the  Court  of  Common  Pleas. 

Sect.  4  provides  that  any  persons  may  use  said  Railroad  or  Canal,  by  complying  with 
the  Company's  regulations  and  paying  the  tolls  established,  subject  to  the  control 
of  the  Legislature ;  the  Company  are  authorized  to  erect  toll  houses  and  collect 
tolls,  having  a  lien  on  articles  transported  for  their  freight. 

Sect.  5  enacts  that  any  person  wilfully  injuring  the  Company's  works  or  obstructing 
the  use  of  them,  shall  forfeit  to  the  corporation  not  less  than  $5  nor  more  than 
$500,  and  be  liable  to  imprisonment  for  a  term  not  exceeding  one  year. 

Sect.  6  requires  them  to  construct  bridges  over  aU  crossings,  to  cross  highways  so  as 
not  to  obstruct  them,  authorizing  them  to  raise  or  lower  any  highway,  and  re- 
quires them  to  keep  in  repair  that  portion  raised  or  lowered  by  them. 

Sect.  7  provides  that  the  capital  stock  shall  not  exceed  $200,000,  in  shares  of  $100 
each,  to  be  deemed  personal  property,  and  be  transferable  as  the  by-laws  shall 
direct ;  that  they  may  make  equal  assessments  on  the  shares,  and  sell  shares  for 
non-payment  of  assessments. 

Sect.  8  authorizes  meetings  to  be  held  as  they  shall  appoint,  and  each  shareholder 
shall  be  entitled  to  a  vote  for  each  share,  and  may  vote  by  proxy. 


76        HAMPDEN   AND    CARMEL   CANAL  AND   RAILROAD    COMPANY. 

Laws  of  1836,  Chap.  145. 
An  Act  to  incorporate  th.e  Hampden  and  Carmel  Canal  and  Railroad  Company. 

Sect.  1.  Be  it  enacted^  8^c.  That  Moses  Sanborn,  Joseph  L. 
Cilley,  Jacob  H.  Sanborn,  John  Lowe  Jun.,  George  Gardiner, 
James  Bell,  Wells  Healy,  S.  D.  Bell,  George  W.  Chamberlain, 
Simeon  Stetson,  Reuben  K.  Stetson,  John  Crosby  Jun.,  Elias  Dud- 
ley, Josiah  Kidder,  their  associates,  successors  and  assigns  be  and 
they  are  hereby  constituted  a  body  politic  and  corporate  by  the 
name  of  the  Hampden  and  Carmel  Canal  and  Railroad  Company, 
with  all  the  powers  and  privileges  and  subject  to  all  the  lia.bilities 
incident  to  similar  corporations.  And  the  said  company  are  au- 
thorized and  empowered  to  make,  construct,  and  complete  a  canal, 
or  railroad,  or  canal  and  railroad  from  any  points  of  the  Sowa- 
dabscook  River  to  the  Penobscot  River,  and  to  render  the  Sowa- 
dabscook  River  or  any  part  or  parts  thereof  navigable  for  boats, 
and  to  erect,  construct  and  complete  such  dams,  towing  paths,  re- 
servoirs, aqueducts,  feeders,  culverts,  waste  weirs,  basins  for  boats, 
embankments,  piers,  locks,  wharves,  bridges,  channels  and  such 
other  works  as  they  shall  deem  necessary  or  expedient  for  facilita- 
ting the  transportation  of  lumber  and  merchandise  to  and  from  the 
Penobscot  River. 

Sect.  2.  That  said  company  be  and  they  hereby  are  authorized 
and  empowered  to  lay  out  and  locate  a  route  for,  and  construct 
such  a  canal,  railroad  or  towing  path  as  they  shall  judge  most  con- 
venient, not  exceeding  four  rods  in  width,  and  such  basins,  wharves, 
piers,  weirs,  dams,  ponds,  reservoirs,  and  embankments  as  they 
shall  judge  necessary,  and  take  such  lands  as  may  be  necessary 
for  the  purpose  of  obtaining  stone  and  gravel  for  the  proper  con- 
struction of  any  dams,  embankments,  or  other  works  of  said  com- 
pany, agreeable  to  the  act  of  this  State  defining  certain  rights  and 
duties  of  railroad  corporations,  passed  the  first  day  of  March  one 
thousand  eight  hundred  and  thirty  six: — and  all  damages  sus- 
tained in  consequence  of  locating  and  constructing  said  canal  and 
railroad  or  said  canal  or  railroad  shall  be  determined  agreeably  to 
the  provisions  of  this  Act.  And  said  company  may  take  and  use 
such  of  the  waters  of  the  Sowadabscook  River  and  other  streams 
and  rivers  convenient  for  the  purpose  as  may  be  necessary  or 
advantageous  for  the  purpose  of  such  canal  or  works  as  the  said 
company  may  construct.     Provided^  That  the  waters  of  the  Sowa- 


MAINE.  77 

dabscook  or  the  waters  of  its  tributary  streams  shall  in  no  case  be 
used  or  diverted  to  the  injury  of  the  mills  or  privileges  upon  the 
Sowadabscbok  River. 

Sect.  3.  That  said  company  may  from  time  to  time  make  any 
by-laws  for  the  regulation  of  their  affairs  and  relative  to  the  duties 
of  their  officers,  and  for  the  preservation,  use,  and  management 
of  their  canal,  railroad,  tow  path,  or  other  works  and  property  of 
every  kind,  not  inconsistent  with  the  laws  of  this  State;  and  may 
annex  and  collect  in  any  court  proper  to  try  the  same,  penalties 
not  exceeding  ten  dollars  for  the  violation  of  any  provision  of  such 
by-laws ;  Provided,  such  by-laws,  so  far  as  they  affect  persons  not 
members  of  said  company,  shall  be  approved  by  the  court  of  com- 
mon pleas. 

Sect.  4.  That  the  canal  or  railroad  and  other  works  of  said 
company  and  the  navigation  of  said  Sowadabscook  River  may  be 
freely  used  by  any  person  or  persons,  who  shall  comply  with  the 
regulations  of  said  company,  and  shall  pay  such  tolls  as  may  be 
from  time  to  time  established  by  said  company  subject  to  the  con- 
trol and  revision  of  the  legislature;  and  the  company  aforesaid 
are  authorised  to  erect  toll  houses  and  houses  for  the  deposit  of 
merchandise,  appoint  toll  gatherers,  and  demand  and  receive  the 
tolls  established  as  aforesaid.  And  a  lien  is  hereby  created  upon 
all  property  and  merchandise  transported  upon  said  railroad  or 
canal,  for  transporting  the  same. 

Sect.  5.  That  if  any  person  shall  injure  or  destroy  said  canal, 
railroad,  tow  path,  or  any  other  work  erected  or  made  by  said 
company,  or  any  part  of  the  same,  or  shall  unlawfully  or  mali- 
ciously obstruct  the  use  of  the  same  in  any  manner  whatever, 
such  person  or  persons,  on  conviction  thereof  shall  forfeit  and  pay 
a  fine  of  not  less  than  five  nor  more  than  five  hundred  dollars  for 
the  use  of  said  corporation,  and  may  be  imprisoned  not  exceeding 
one  year,  at  the  discretion  of  the  court  before  whom  the  conviction 
may  be  had. 

Sect.  6.  That  said  company  shall  build  and  keep  in  good  repair, 
suitable  bridges  over  their  canal,  wherever  the  same  shall  cross 
any  public  highway,  and  if  the  railroad  shall  cross  any  public 
highway,  the  same  shall  be  so  constructed  as  not  to  impede  the 
safe  and  convenient  use  of  said  highway,  and  the  said  company 
may  raise  or  lower  such  highway,  so  that  said  railway  may  con- 
veniently pass  over  or  under  the  same,  in  which  case  the  said  com- 

7* 


78      FRANKFORT,  BANGOR,  AND  BELFAST  RAILROAD  CORPORATION. 

pany  shall  maintain  and  keep  in  repair  all  such  parts  of  such  high- 
ways as  shall  be  raised  or  lowered  as  aforesaid. 

Sect.  7.  That  the  capital  stock  of  said  corporation  shall  consist 
of  such  sum  as  shall  be  from  time  to  time  determined  by  the  said 
company  not  exceeding  two  hundred  thousand  dollars,  which  shall 
be  divided  into  shares  of  one  hundred  dollars  each,  and  may  be 
vested  in  such  real  and  personal  estate  as  to  the  said  company  may 
seem  expedient,  and  the  said  shares  shall  be  deemed  personal  prop- 
erty, and  shall  be  transferable  in  such  manner  as  the  by-laws  of 
said  company  shall  direct.  And  the  said  company  shall  make 
equal  assessments  on  said  shares  as  the  same  may  be  judged  ne- 
cessary and  may  make  such  by-laws  for  the  sale  of  shares  for  non- 
payment of  assessments  as  they  may  think  reasonable. 

Sect.  8.  That  meetings  of  said  company  shall  be  holden  at  such 
times  and  places,  and  shall  be  notified  in  siich  manner  as  the  by- 
laws of  said  company  may  prescribe,  and  at  any  meeting  of  said 
company  such  officers  and  agents  shall  be  appointed,  who  shall 
have  such  powers  and  perform  such  duties,  as  are  provided  by 
such  by-laws.  And  at  all  meetings  of  said  company  each  stock- 
holder shall  be  entitled  to  as  many  votes  as  he  holds  shares,  and 
may  by  writing  under  his  hand  depute  any  other  person  to  vote 
and  act  as  proxy  for  him  at  any  meeting.  Approved^  March  22, 
1836. 


FKANKFORT,  BANGOR,  AND  BELFAST  RAILROAD  CORPORATION. 

INCORPORATED    IN   MAINE    IN    1836. 

Chapter  148  of  the  Special  Laids  0/1836  contains  the  Charter. 

Sect.  1  grants  corporate  powers,  subject  to  the  provisions  of  "An  Act  defining 
certain  rights  and  duties  of  Railroad  Corporations,"  passed  March  1,  1836  ;  it 
describes  the  location,  authorizing  them  to  lay  one  or  more  sets  of  rails,  and  con- 
struct all  necessary  works,  from  the  city  of  Bangor,  with  the  right  to  connect 
with  one  or  both  railroads  leading  from  Bangor  to  Orono,  to  the  northerly  part  of 
Frankfort  Village,  and  thence  to  Penobscot  River  ;  with  the  right  to  extend  the  road 
to  Belfast,  there  to  connect  with  any  railroad  from  Belfast  to  Kennebec  River,  and 
also  to  extend  a  Railroad  from  said  Frankfort  to  Brooks,  there  to  connect  with  the 
Quebec  and  Belfast  Railroad ;  reserving  the  right  to  locate  and  construct  a  highway 
across  said  Railroad  subject  to  the  provisions  of  law.  • 

Sect.  2  provides  that  the  capital  stock  shall  consist  of  not  less  than  2000,  nor  more 
than  7000  shares,  vests  the  government  in  seven  Directors  and  provides  for  the 
choice  of  officers ;  it  directs  that  books  for  subscription  to  the  stock  shall  be 
opened  for  ten  days,  twenty  days'  previous  public  notice  having  been  given ;  and 
if  the  shares  shall  exceed  certain  numbers  for  each  portion  of  the  road,  such 


MAINE.  79 

surplus  shall  be  distributed  among  the  stockholders  according  to  previous  regu- 
lations ;  it  also  directs  the  mode  of  organization. 

Sect.  3  defines  the  powers  of  the  President  and  Directors ;  it  authorizes  them  to 
make  equal  assessments  not  exceeding  f  100  on  each  share,  and  to  sell  shares  for 
nonpayment  of  assessments,  after  notice. 

Sect.  4  authorizes  them  to  make  by-laws  not  repugnant  to  the  la-ws  of  the  State. 

Sect.  0  grants  a  toll,  the  rates  thereof  and  all  other  matters  relating  to  the  use  of  the 
road  to  be  determined  by  the  directors  ;  and  after  commencing  to  receive  tolls 
they  shall  keep  the  road  in  good  repair,  provide  suitable  cars  and  engines,  and 
transport  all  passengers  and  property,  having  a  lien  on  the  latter  for  fi-eight ;  if 
at  the  end  of  ten  years  from  the  completion  of  the  road,  the  net  income  thereof 
shall  exceed  12  per  cent,  per  annum  on  its  cost,  the  Legislature  may  reduce  the 
rates  of  toll  to  equal  that  sum,  if  expedient ;  the  Company  shall,  within  twelve 
months  after  the  road  is  in  operation,  make  returns  to  the  Governor  and  Council 
of  its  cost,  receipts,  and  expenditures,  and  the  Legislature  may  inquire  into  the 
doings  of  the  Company,  and  reduce  the  toUs  as  aforesaid. 

Sect.  6  authorizes  the  Directors  to  erect  toll-houses  and  collect  tolls. 

Sect.  7  provides  that  any  person  wilfully  placing  obstructions  on  the  road  or  injuring 
or  destroying  the  Company's  property  or  any  implements  or  materials  used  in  the 
construction  of  the  road,  shall  forfeit  to  the  Company  treble  the  amoimt  of  dam- 
ages, to  be  recovered  in  an  action,  and  shall  be  liable  to  indictment,  and  fine  or 
imprisonment. 

Sect.  8  appoints  the  time  of  the  annual  meeting  when  Directors  shall  be  chosen,  and 
authorizes  them  to  call  special  meetings,  if  necessary. 

Sect.  9  provides,  if  the  Company  be  not  organized  and  the  location  filed  on  or  before 
December  31,  1837,  and  the  road  from  Bangor  to  Frankfort  Village  be  not  com- 
pleted on  or  before  December  31,  1840,  and  that  part  from  Frankfort  to  Belfast,  and 
from  Frankfort  to  Brooks  be  not  completed  on  or  before  December  31,  1846,  this 
Act  shall  be  void. 

Sect.  10  authorizes  them  to  construct  bridges  over  navigable  waters,  so  as  not  to 
obstruct  navigation. 

Sect.  11  requires  them  to  maintain  bridges  over  all  crossings. 

Sect.  12  provides  that  the  books  shall  be  opened  to  the  inspection  of  the  Governor 
and  Coimcil  and  any  Committee  of  the  Legislature,  and  at  the  end  of  each  fifteen 
years  the  Treasurer  shall  exhibit,  under  oath,  to  the  Legislature  the  net  profit 
of  the  road. 

Sect.  1 3  enacts  that  the  provisions  of  an  Act  concerning  Corporations,  passed  March 
17,  1831,  shall  not  apply  to  this  Company. 

Sect.  14  provides  that  they  shall,  when  required,  transport  the  IT.  States  Mail  for  a 
compensation,  if  not  agreed  upon,  to  be  determined  by  the  Legislature. 

Chapter  532  of  the  Special  Laws  oflSZG  provides  that  all  things  to  be  done  by  the  original 
Act  may  be  done  before  December  31,  1845. 


Laws  of  1836,  Chap.  148. 
An  Act  to  establish  the  Frankfort,  Bangor,  and  Belfast  Railroad  Corporation. 

Sect.  1.   Be  it  enacted^  ^'c.  That  Benjamin  Shaw,   Albert   L, 
Kelly,    Webster    Kelly,    Ebenezer    S.    Coffin,    Nehemiah    Rich, 


80     FRANKFORT,    BANGOR,   AND   BELFAST  RAILROAD   CORPORATION. 

Waldo  Pierce,  Tisdale  Dean,  William  Andrews,  Lewis  C.  Kelly, 
Archibald  Jones,  Benjamin  Johnson,  Elisha  Chick,  Jr.,  Jeremiah 
Holmes,  Francis  W.  Rhoades,  James  Arey,  Ephraim  Lincoln, 
Wiggins  Hill,  Joseph  Carr,  William  B.  Reed,  Theodore  B.  Mcln- 
tire,  Willis  Patten,  Waldo  T.  Pierce,  James  B.  Fisk,  Abner  Tay- 
lor, Thomas  A.  Hill,  Lot  Y.,  and  Joseph  Bartlett,  their  associates, 
successors  and  assigns  be  and  they  hereby  are  made  a  body  politic 
and  corporate,  by  the  name  of  the  Frankfort,  Bangor,  and  Belfast 
Railroad  Corporation,  and  by  that  name  shall  be  and  hereby  are 
made  capable  in  law,  to  sue  and  be  sued  to  final  judgment  and 
execution,  plead  and  be  impleaded,  defend  and  be  defended,  in  any 
courts  of  record,  or  in  any  other  place  whatever ;  to  have  a  com- 
mon seal  which  they  may  alter  at  pleasure,  and  shall  be  and 
hereby  are  vested  with  all  the  powers,  privileges,  and  immunities 
which  are  or  may  be  necessary  to  carry  into  effect  the  purposes 
and  objects  of  this  Act,  agreeably  in  all  respects  to  an  Act,  entitled 
"  An  Act  defining  certain  rights  and  duties  of  Railroad  Corpora- 
tions," passed  March  first,  eighteen  hundred  and  thirty-six,  and  as 
hereinafter  set  forth ;  and  the  said  corporation  are  hereby  author- 
ized and  empowered  to  locate,  construct,  and  finally  complete, 
alter  and  keep  in  repair  a  railroad,  with  one  or  more  sets  of  rails 
or  tracks,  with  all  suitable  bridges,  viaducts,  turnouts,  culverts, 
drains,  and  all  other  necessary  appendages,  from  some  point  or 
place  at  or  near  the  tide  waters  in  the  city  of  Bangor,  in  the  county 
of  Penobscot,  with  the  right  to  connect  with  one  or  both  of  the 
railroads  leading  from  said  Bangor  to  Orono,  to  the  navigable 
Winter  Waters,  at  the  north  end  of  Frankfort  village  in  the  county 
of  Waldo,  at  or  near  Low's  Brook,  and  from  thence  extending 
down  the  Penobscot  River  so  as  to  include  a  sufficient  space  for  a 
convenient  and  commodious  depot ;  with  the  right  to  extend  said 
railroad  to  the  town  of  Belfast,  and  there  to  be  connected  with  any 
railroad  that  may  hereafter  be  made  from  said  Belfast  to  the  Ken- 
nebec River,  and  with  the  right  also  to  extend  a  railroad  from  said 
village  of  Frankfort  to  the  town  of  Brooks  in  said  county  of  Waldo, 
and  there  to  be  connected,  with  the  contemplated  Quebec  and  Bel- 
fast railroad.  —  Saving  to  the  public  the  right  to  locate  and  con- 
struct any  highway  across  said  railroad  subject  to  the  existing 
provisions  of  law  for  the  location,  construction,  and  repair  of  high- 
ways. 

Sect.  2.  That  the  capital  stock  of  said  corporation  shall  consist 
of  not  less  than  two  thousand,  nor  more  than  seven  thousand 


MAINE.  81 

shares,  and  the  immediate  government  and  direction  of  the  affairs 
of  said  corporation  shall  be  vested  in  seven  directors,  who  shall  be 
chosen  by  the  members  of  said  corporation,  in  the  manner  herein- 
after provided,  and  shall  hold  their  offices  until  others  shall  be  duly- 
elected  and  qualified  to  take  their  place,  a  majority  of  whom  shall 
form  a  quorum  for  the  transaction  of  business ;  and  they  shall 
elect  one  of  their  number  to  be  president  of  the  board,  who  shall 
also  be  president  of  the  corporation ;  and  shall  have  authority  to 
choose  a  clerk,  who  shall  be  sworn  to  the  faithful  discharge  of  his 
duties,  and  a  treasurer  who  shall  give  bonds  to  the  corporation, 
with  sureties  to  the  satisfaction  of  the  directors,  in  the  sum  of  not 
less  -than  ten  thousand  dollars,  for  the  faithful  discharge  of  his 
trust.  And  for  the  purpose  of  receiving  subscriptions  to  the  said 
stock,  books  shall  be  opened  under  the  direction  of  the  persons 
named  in  the  first  section  of  this  Act,  at  such  time  and  in  such 
places  in  the  shire  towns  in  the  several  counties  in  this  State,  and 
elsewhere,  as  they  shall  appoint,  to  remain  open  for  ten  successive 
days,  of  which  time  and  places  of  subscription,  public  notice  shall 
be  given  in  some  newspaper  printed  in  the  cities  of  Portland  and 
Bangor,  and  in  the  towns  of  Augusta  and  Belfast,  twenty  days  at 
least  previous  to  the  opening  of  such  subscription  ;  and  in  case  the 
amount  subscribed  shall  exceed  two  thousand  shares  for  said  rail- 
road from  the  city  of  Bangor  to  Frankfort ;  three  thousand  shares 
for  said  railroad  from  Frankfort  to  Belfast,  and  two  thousand 
shares  for  said  railroad  from  Frankfort  to  Brooks,  the  same  shall 
be  distributed  among  all  the  subscribers,  according  to  such  regula- 
tions, as  the  persons  having  charge  of  the  opening  of  the  subscrip- 
tion books  shall  prescribe  before  the  opening  of  said  books.  And 
any  seven  of  the  persons  named  in  the  first  section  of  this  Act, 
are  hereby  authorized  to  call  the  first  meeting  of  the  said  corpora- 
tion, by  giving  notice  in  one  or  more  newspapers  published  in  each 
of  the  said  cities  and  towns  above  named,  of  the  time,  place,  and 
purpose  of  such  meeting,  at  least  twenty  days  before  the  time 
mentioned  in  such  notice. 

Sect.  3.  That  the  president  and  directors,  for  the  time  being, 
are  hereby  authorized  and  empowered  by  themselves  or  their 
agents,  to  exercise  all  the  powers  herein  and  by  the  aforesaid  Act 
of  March  first,  eighteen  hundred  and  thirty-six,  granted  for  the 
purpose  of  locating,  constructing  and  completing  said  railroads, 
and  for  the  transportation  of  persons,  goods,  and  property  of  all 
descriptions,  and  all  such  power  and  authority  for  the  manage- 


82      FRANKFORT,   BANGOR,   AND    BELFAST   RAILROAD    CORPORATION. 

ment  of  the  affairs  of  the  corporation  as  may  be  necessary  and 
proper  to  carry  into  effect  the  object  of  this  grant;  to  purchase  and 
hold  lands,  materials,  engines,  cars  and  all  other  necessary  things 
in  the  name  of  the  corporation  for  the  use  of  said  railroads,  and  for 
the  transportation  of  persons,  goods  and  property  of  all  descrip- 
tions; to  make  such  equal  assessments  from  time  to  time,  on  all 
the  shares  in  the  said  corporation,  as  they  may  deem  expedient 
and  necessary,  in  the  execution  and  progress  of  the  work,  and 
direct  the  same   to  be  paid  to  the  treasurer  of  the  corporation. 
And  the  treasurer  shall  give  notice  of  all  such  assessments  in  such 
manner  as  shall  be  prescribed  by  the  by-laws  of  said  corporation  ; 
and  in  case  any  subscriber  or  stockholder  shall  neglect  to  pay  any 
assessment  on  his  share  or  shares,  for  the  space  of  thirty  days 
after  having  been  so  notified  by  the  treasurer  of  said  corporation, 
the  directors  may  order  the  treasurer  to  sell  such  share  or  shares 
at  public  auction,  after  giving  such  notice  as  may  be  prescribed  as 
aforesaid,  to  the  highest  bidder,  and  the  same  shall  be  transferred 
to  the  purchaser,  and  such  delinquent  subscriber  or  stockholder 
shall  be  held  accountable  to  the  corporation  for  the  balance,  if  his 
share  or  shares  sell  for  less  than  the  assessments  due  thereon,  with 
the  interest  and  costs  of  sale ;  and  shall  be  entitled  to  the  overplus, 
if  his  share  or  shares  shall  sell  for  more  than  the  assessments  due, 
with  interest  and  costs  of  sale :  Provided^  hoivever,  That  no  assess- 
ments shall  be  laid  on  any  shares  in  said  corporation  of  greater 
amount,  in  the  whole,  than  one  hundred  dollars. 

Sect.  4.  That  the  said  corporation  shall  have  power  to  make, 
ordain,  and  establish  all  necessary  by-laws  and  regulations,  con- 
sistent with  the  constitution  and  the  laws  of  the  State,  for  their 
own  government  and  for  the  due  and  orderly  conducting  of  their 
affairs,  and  the  management  of  their  property. 

Sect.  5.  That  a  toll  be,  and  hereby  is  granted  and  established 
for  the  sole  benefit  of  said  corporation,  upon  all  passengers  and 
property  of  all  descriptions  which  may  be  conveyed  or  transported 
upon  said  road,  at  such  rates  per  mile  as  may  be  agreed  upon  and 
established  from  time  to  time,  by  the  directors  of  said  corporation. 
The  transportation  of  persons  and  property,  the  construction  of  the 
wheels,  the  form  of  cars  and  carriages,  the  weight  of  loads,  and  all 
other  matters  and  things  in  relation  to  the  use  of  said  road,  shall 
be  in  conformity  with  such  rules,  regulations  and  provisions,  as  the 
directors  shall  from  time  to  time  prescribe  and  direct.  And  said 
corporation,  after  they  shall  commence  the  receiving  of  tolls,  shall 


MAINE.  83 

he  bound  at  all  times  to  have  said  railroad  in  good  repair,  and  a 
sufficient  number  of  suitable  carriages  and  vehicles  for  the  trans- 
portation of  persons  and  articles,  and  be  obliged  to  receive  at  all 
propet  times  and  places  and  convey  the  same,  when  tiie  appropri- 
ate tolls  therefor  shall  be  paid  or  tendered,  and  a  lien  is  hereby- 
created  on  all  articles  transported  for  said  tolls ;  Provided,  that 
after  ten  years  from  the  completion  of  said  railroad,  whenever  the 
profits  arising  from  tolls,  or  otherwise,  shall  exceed  the  amount  of 
twelve  per  centum  per  annum  on  the  actual  cost  of  said  railroad, 
after  deducting  all  necessary  disbursements  in  conducting  its  ope- 
rations, then  the  legislature  shall  from  time  to  time  have  the  right 
so  to  reduce  such  tolls  as  may  have  been  established,  not  below  the 
rate  of  twelve  per  centum  per  annum  as  aforesaid,  as  may  be 
judged  expedient.  And  to  carry  this  provision  into  effect,  it  shall 
be  the  duty  of  said  corporation,  within  twelve  months  after  such 
railroad  shall  have  been  put  in  operation,  or  any  section  thereof,  to 
make  return  to  the  governor  and  council  of  the  actual  cost  of  said 
railroad  or  section,  and  annually  thereafter  of  all  the  disbursements 
allowed  by  the  directors,  and  the  rates  of  toll  by  them  established, 
the  amount  of  tolls  and  other  profits  received,  and  the  rate  of  profit 
or  per  centum  on  the  cost  aforesaid  actually  realized  within  the 
year,  and  if  the  legislature  shall  not  be  satisfied  with  such  return, 
the  legislature  may  require  an  examination  into  the  affairs  of  the 
corporation  in  such  manner  as  they  may  direct.  And  if  it  shall 
appear,  that  the  affairs  of  said  corporation  have  not  been  econom- 
ically conducted,  and  that  the  profits  arising  from  tolls  or  other- 
wise might  have  exceeded  the  maximum  of  twelve  per  centum  per 
annum,  or  that  any  wilful  evasion  of  the  provisions  of  this  section 
has  been  practised  by  said  corporation,  then  the  legislature  shall 
have  the  right,  to  make  such  reasonable  reduction  of  the  charges 
for  disbursements  aforesaid  allowed  and  charged  by  said  directors, 
as  shall  be  judged  economical,  and  from  such  basis  so  to  reduce  the 
tolls  and  profits,  not  however  below  twelve  per  centum  per  annum 
as  aforesaid,  as  shall  be  judged  expedient,  any  thing  in  this  Act  to 
the  contrary  notwithstanding. 

Skct.  6.  That  the  directors  of  said  corporation  for  the  time  being 
are  authorized  to  erect  toll-houses,  establish  gates,  appoint  toll 
gatherers,  and  demand  toll  on  the  said  roads  when  completed,  and 
upon  such  parts  thereof  as  shall  from  time  to  time  be  completed. 

Sect.  7.  That  if  any  person  shall  wilfully  and  maliciously  or 
wantonly  and  contrary  to  law,  obstruct  the  passage  of  any  carriage 


84      FRANKFORT,   BANGOR,   AND   BELFAST   RAILROAD    CORPORATION. 

on  said  railroads,  or  in  any  way  spoil,  injure  or  destroy  said  rail- 
roads or  any  part  therof  or  any  thing  belonging  thereto,  or  any  ma- 
terial or  implements  to  be  employed  in  the  construction,  or  for  the 
use  of  said  road,  he,  she  or  they,  or  any  person  or  persons  assist- 
ing, aiding,  or  abetting  in  such  trespass,  shall  forfeit  and  pay  to 
said  corporation,  for  every  such  offence  treble  such  damages  as 
shall  be  proved  before  the  justice,  court,  or  jury  before  whom  the 
trial  shall  be  had,  to  be  sued  for  before  any  justice  or  in  any  court 
proper  to  try  the  same,  by  the  treasurer  of  the  corporation  or  other 
officer  whom  they  may  direct,  to  the  use  of  said  corporation  ;  and 
such  offender  or  offenders  shall  be  liable  to  indictment,  by  the  grand 
jury  of  the  county  within  which  such  trespass  shall  have  been 
committed,  for  any  offence  or  offences  contrary  to  the  above  provi- 
sions, and  on  conviction  thereof  before  any  court  competent  to  try 
the  same,  shall  pay  a  fine  not  exceeding  one  hundred  dollars  to  the 
use  of  the  State,  or  may  be  imprisoned  for  a  term  not  exceeding 
one  year,  at  the  discretion  of  the  court  before  whom  such  convic- 
tion may  be  had. 

Sect.  8.  That  the  annual  meeting  of  the  members  of  said  corpor- 
ation shall  be  holden  on  the  first  Monday  of  June,  at  such  time  and 
place  as  the  directors  for  the  time  being,  shall  appoint,  at  which 
meeting  the  directors  shall  be  chosen  by  ballot,  each  proprietor  being 
entitled  to  as  many  votes  as  he  holds  shares,  and  the  directors  are 
hereby  authorized  to  call  special  meetings  of  the  stockholders, 
whenever  they  shall  deem  it  expedient  and  proper,  giving  such 
notice  as  the  corporation  by  their  by-laws  shall  direct. 

Sect.  9.  That  if  the  said  corporation  shall  not  have  been  organ- 
ized, and  the  location,  according  to  the  actual  survey  of  the  routes, 
filed  with  tlie  governor  and  council  and  county  commissioners  of 
the  counties  through  which  the  same  shall  pass,  on  or  before  the 
thirty-first  day  of  December,  in  the  year  of  our  Lord,  one  thousand 
eight  hundred  and  thirty-seven,  or  if  the  said  corporation  shall  fail 
to  complete  that  part  of  said  railroad  named  in  this  Act,  leading 
from  the  city  of  Bangor  to  Frankfort  village,  on  or  before  the 
thirty-first  day  of  December,  in  the  year  of  our  Lord,  one  thousand 
eight  hundred  and  forty,  and  that  part  leading  from  said  Frankfort 
to  Belfast,  and  from  said  Frankfort  to  Brooks,  on  or  before  the 
thirty-first  day  of  December,  in  the  year  of  our  Lord,  one  thou- 
sand eight  hundred  and  forty-six,  in  either  of  the  above  mentioned 
cases  this  Act  shall  be  null  and  void,  so  far  as  relates  to  either  of 
said  railroads  not  so  completed. 


MAINE.  85 

Sect.  10.  That  if  said  railroads  shall  in  their  course  through, 
cross  any  tide  waters,  navigable  rivers  or  streams,  the  said  corpo- 
ration be  and  they  are  authorized  and  empowered  to  erect  for  the 
sole  and  exclusive  travel  on  their  said  railroads,  a  bridge  across 
each  of  said  rivers  or  streams,  or  across  any  such  tide  waters ; 
Provided,  said  bridge  or  bridges  shall  be  so  constructed  as  not  to 
obstruct  or  unnecessarily  impede  the  navigation  of  said  waters. 

Sect,  11,  That  said  railroad  corporations  shall  constantly  main- 
tain in  good  repair  all  bridges,  with  their  abutments  and  embank- 
ments, which  they  may  construct  for  the  purpose  of  conducting 
their  railroads  over  any  canal,  turnpike,  or  other  highway,  or  any 
private  way,  or  for  conducting  such  private  way,  turnpike,  or  other 
highway,  over  said  railroads. 

Sect.  12.  That  the  books  of  said  corporation  shall  at  all  times 
be  open  to  the  inspection  of  the  governor  and  council  and  of  any 
committee  duly  authorized  by  the  legislature,  and  at  the  expiration 
of  every  fifteen  years  the  treasurer  of  said  corporation  shall  make 
an  exhibit  under  oath  to  the  legislature  of  the  net  profits  derived 
from  the  income  of  said  railroads. 

Sect,  13,  That  the  provisions  of  an  Act  concerning  corporations, 
passed  March  17,  1831,  shall  not  extend  or  apply  to  the  company 
hereby  incorporated. 

Sect.  14.  That  the  said  corporation  shall  at  all  times,  when  the 
postmaster-general  shall  require  it,  be  holden  to  transport  the  mail 
of  the  United  States  from  and  to  such  place  or  places  on  said  rail- 
road, as  required,  for  a  fair  and  reasonable  compensation  ;  and  in 
case  the  corporation  and  the  postmaster-general  shall  be  unable  to 
agree  upon  a  compensation  aforesaid,  the  legislature  of  the  State 
shall  fix  and  determine  the  same.     Approved,  March  22,  1836. 

Laws  of  1839,  Chap.  532. 

An  Act  additional  to  an  Act,  to  establish,  the  Frankfort,  Bangor,  and  Belfast  Railroad 

Corporation. 

Be  it  enacted,  ^'c.  That  all  acts  or  things  to  be  done  or  per- 
formed by  said  corporation  by  any  provision  of  the  Act  establish- 
ing the  same,  may  be  done  and  performed  at  any  time  before  the 
thirty-first  day  of  December  in  the  year  of  our  Lord  one  thousand 
eight  hundred  and  forty-five,  any  limitation  thereof  to  the  contrary 
notwithstanding.     Approved,  March  12,  1839. 

8 


86  MATTANAWCOOK   RAILROAD    CORPORATION. 


MATTANAWCOOK   RAILROAD    CORPORATION. 

INCORPORATED    IN    MAINE    IN    1836. 

Chapter  170  of  the  Special  Latvs  of  183G  contahis  the  Charter. 

Sect.  1  grants  corporate  powers,  authorizing  them  to  make  by-laws  not  repugnant 
to  the  laws  of  the  State,  subject  to  the  provisions  of  an  Act  concerning  railroads 
passed  March  1,  1836 :  it  describes  the  location,  and  empowers  them  to  build  a 
road,  with  one  or  more  sets  of  rails,  four  rods  in  width,  and  take  and  hold  real 
estate  sufficient  for  the  purposes  of  the  road,  within  these  limits,  and  to  fell  or 
remove  trees,  within  four  rods  of  the  road,  liable  to  obstruct  it ;  paying  for  said 
land  so  taken  and  said  trees  so  removed,  damages  to  be  assessed  by  the  County 
Commissioners  ;  reserving  the  right  to  locate  highways  across  said  railroad  ;  the 
application  to  be  made  within  three  years  from  the  time  of  taking  the  property. 
Sect.  2  provides  that  the  capital  stock  shall  consist  of  not  less  than  3000  nor  more 
than  6000  of  one  hundred  dollars  each  ;  vests  the  government  in  five  or  nine  direc- 
tors ;  and  provides  for  the  choice  of  officers,  and  directs  the  mode  of  organization. 
Sect.  3  defines  the  powers  and  duties  of  the  President  and  Directors  and  authorizes 
them  to  make  equal  assessments  not  exceeding  one  hundred  dollars  on  each  share, 
and  to  sell  shares  for  non-payment  of  assessments. 
Sect.  4  authorizes  them  to  make  by-laws  not  repugnant  to  the  laws  of  the  State. 
Sect.  5  grants  a  toll,  the  rates  of  toU  and  other  things  relating  to  the  use  of  the 
road  to  be  regulated  by  the  directors  ;  provided,  if  at  the  end  of  ten  years  from 
the  completion  of  the  road  the  net  profits  thereof  shall  exceed  12  per  cent,  on  its 
cost,  the  Legislature  may  reduce  the  rates  of  toll  to  that  sum ;  and  said  Company, 
after  twelve  months  from  the  opening  of  the  road,  shall  make  returns  to  the 
Legislature  of  its  cost,  income,  and  expenditures,  and  the  Legislature  may  inquire 
into  their  doings  :  the  Legislature  may  authorize  any  other  Companies  to  coimect 
their  roads  with  this  road,  and  this  Company  shall  transport  their  passengers  and 
articles  for  the  rates  of  toll  prescribed  upon  this  road ;  and  shall,  after  commencing 
to  receive  tolls,  keep  their  road  in  good  repair,  and  shall  have  a  lien  on  all  articles 
transported  for  their  freight. 
Sect.  6  authorizes  them  to  erect  toll-houses,  and  collect  tolls. 

Sect.  7  provides  that  the  guardian  of  an  infant,  or  person  iimi  compos  mentis,  a  feme 
covert,  whose  husband  is  under  guardianship,  and  her  guardian,  may  release  land 
damages. 
Sect.  8  enacts  that  any  person  wilfuUy  placing  obstructions  on  the  road  or  injuring 
the  Company's  property  or  any  implements  or  materials  used  in  the  construction 
of  the  road,  shall  forfeit  to  the  Company  treble  such  damages,  to  be  recovered  in 
an  action,  and  shall  be  liable  to  indictment,  and  fine  or  imprisonment. 
Sect.  9  appoints  the  time  of  the  aimual  meeting,  when  Directors  shall  be  chosen, 

and  authorizes  them  to  call  special  meetings,  if  necessary. 
Sect.  10  directs  the  mode  of  crossing  any  private  way,  highway,  canal  or  turnpike, 
providing  that  they  may  raise  or  lower  any  private  way,  or  highway,  and  requir- 
ing them  to  erect  gates  on  such  crossings  for  the  safety  of  travellers. 
Sect.  11  requires  that  ten  miles  of  the  route  shall  be  graded  within  one  year  from 


MAINE.  87 

June  1,   1836,  one  half  -witliin  two  years  therefrom,  and  the  remainder  within 

three  years  therefrom ;  and  if  the  road  be  not  completed  within  three  years  from 

June  1,  1836,  this  Act  shall  be  void. 
Sect.  12  provides  that  they  shall  construct  and  maintain  all  bridges  over  crossings. 
Sect.  13  requires  that  their  books  shall  be  opened  to  the  inspection  of  the  Governor 

and  Council  and  of  any  Committee  of  the  Legislature. 
Sect.  14  enacts  that  the  Act  concerning  corporations,  passed  March  17,  1831,  shall 

not  apply  to  this  Corporation. 
Sect.  15  provides  that  the  Corporation  shall,  when  required,  transport  the  U.  S. 

Mail,  for  a  compensation,  if  not  agreed  upon,  to  be  determined  by  the  Legislature. 


Laws  of  1836,  Chap.  170. 
An  Act  to  incorporate  the  Mattanawcook  Railroad  Corporation. 

Sect.  1.  Be  ii  enacted,  6)'c.  That  Josiah  Towle,  Solomon  Par- 
sons, Elisha  Ayer,  George  W.  Towle,  Theodore  Taylor,  and  Joseph 
Porter,  their  associates,  successors,  and  assigns,  be  and  they  hereby 
are  made  a  body  politic  and  corporate  by  the  name  of  the  Mattanaw- 
cook Railroad  Corporation,  and  by  that  name  shall  be  and  hereby 
are  made  capable  in  law  to  sue  and  be  sued  to  final  judgment  and 
execution,  plead  and  be  impleaded,  defend  and  be  defended  in  any 
courts  of  record,  or  in  any  other  place  whatever ;  to  have  a  com- 
mon seal  which  they  may  alter  at  pleasure;  to  make  and  establish 
such  by-laws,  not  repugnant  to  the  laws  of  this  State,  as  they  shall 
deem  necessary  and  proper,  and  shall  be,  and  hereby  are  vested 
with  all  the  powers,  privileges,  and  immunities,  which  are  or  may 
be  necessary  to  carry  into  effect  the  purposes  and  objects  of  this 
Act,  as  hereinafter  set  forth,  subject  however  to  the  provisions  of 
an  Act  entitled  an  Act  defining  certain  rights  and  duties  of  railroad 
corporations  passed  March  first  in  the  year  of  our  Lord  one  thou- 
sand eight  hundred  and  thirty-six.  And  the  said  corporation  are 
hereby  authorized  and  empowered  to  locate,  construct,  and  finally 
complete,  alter  and  keep  in  repair  a  railroad  with  one  or  more  set 
of  rails  or  tracts,  with  all  suitable  bridges,  viaducts,  turnouts,  cul- 
verts, drams,  and  all  other  necessary  appendages,  from  some  point 
or  place  near  the  southerly  terminus  of  the  Military  Road,  in  the 
town  of  Lincoln  in  the  County  of  Penobscot,  to  the  village  of  Mil- 
ford  in  said  county,  with  the  privilege  of  connecting  with  the 
Penobscot  River  railroad  corporation,  and  also  to  extend  their  line 
of  communication  across  the  Penobscot  River  to  the  village  of 
Oldtown  in  Orono,  for  the  purpose  of  connecting  with  any  railroad 


88  MATTANAWCOOK   RAILROAD    CORPORATION. 

which  may  be  constructed  to  Oldtown  under  any  charter  author- 
ized by  any  law  of  this  State.  And  for  this  purpose  said  corpora- 
tion shall  have  the  right  to  take  and  hold  so  much  of  the  land  of 
private  persons  as  may  be  necessary  for  the  location,  construction, 
and  convenient  operation  of  their  railroad ;  and  they  shall  also 
have  the  right  to  take,  remove,  and  use  for  the  construction  and 
repair  of  said  railroad  and  appurtenances,  any  earth,  gravel,  stone, 
timber,  or  other  materials  on  or  from  the  land  so  taken.  And  in 
case  such  railroad  shall  pass  through  any  wood  lands  or  forests, 
the  said  company  shall  have  the  right  to  fell  or  remove  any  trees 
standing  within  four  rods  of  such  railroad,  which  by  their  liability 
to  be  blown  down  or  from  their  natural  falling  might  obstruct  or 
impair  said  railroad,  by  paying  a  just  compensation  therefor,  to  be 
recovered  in  the  same  manner  provided  for  the  recovery  of  other 
damages  named  in  this  Act.  Provided  however^  that  said  land 
so  taken  shall  not  exceed  four  rods  in  width,  except  where  greater 
width  is  necessary  for  the  purposes  of  excavation  and  embank- 
ment. And  jtrovided  also,  that  in  all  cases  said  corporation  shall 
pay  for  such  lands,  estate,  or  materials  so  taken  and  used,  as  they 
and  the  owner  or  respective  owners  thereof  may  mutually  agree 
on ;  and  in  case  said  parties  shall  not  otherwise  agree,  then  said 
corporation  shall  pay  such  damages  as  shall  be  ascertained  and 
determined  by  the  county  commissioners  for  the  county  where  such 
land  or  other  property  may  be  situated  in  the  sam.e  manner  and 
under  the  same  conditions  and  limitations  as  are  by  law  provided 
in  the  case  of  damages  by  laying  out  of  highways.  Saving  to  the 
public  the  right  to  locate  and  construct  any  highway  across  said 
railroad  subject  to  the  existing  provisions  of  law  for  the  location, 
construction,  and  repair  of  highways.  And  the  land  so  taken  by 
said  corporation  shall  be  held  as  lands  taken  and  held  for  public 
highways.  And  no  application  to  said  commissioners  to  estimate 
said  damages  shall  be  sustained  unless  made  within  three  years 
from  the  time  of  taking  such  land  or  other  property. 

Sect.  2.  That  the  capital  stock  of  said  corporation  shall  consist 
of  not  less  than  three  thousand  nor  more  than  six  thousand  shares 
of  one  hundred  dollars  each,  and  the  immediate  government  and 
direction  of  the  affairs  of  said  corporation  shall  be  vested  in  five 
or  nine  directors,  who  shall  be  chosen  by  the  members  of  said 
corporation  in  the  manner  hereinafter  provided,  and  shall  hold 
their  offices  until  others  shall  have  been  duly  chosen  and  qualified 
in  their  stead,  a  majority  of  whom  shall  form  a  quorum  for  the 


MAINE.  89 

transaction  of  business,  and  they  shall  elect  one  of  their  number 
to  be  president  of  the  board,  who  shall  also  be  the  president  of  the 
corporation,  and  shall  have  authority  to  choose  a  clerk,  who  shall 
be  sworn  to  the  faithful  discharge  of  his  duty,  and  a  treasurer, 
who  shall  give  bonds  to  the  corporation  with  sureties  to  the  satis- 
faction of  the  directors  in  a  sum  not  less  than  ten  thousand  dollars 
for  the  faithful  discharge  of  his  trust.  And  any  two  of  the  persons 
named  in  the  first  section  of  this  Act  are  hereby  authorized  to  call 
the  first  meeting  of  said  corporation,  by  giving  notice  in  one  or 
more  nev/spapers  published  in  the  County  of  Penobscot,  of  the 
time  and  place  and  purpose  of  such  meeting  fifteen  days  at  least 
before  time  mentioned  in  such  notice. 

Sect.  3.  That  the  president  and  directors  for  the  time  being  are 
hereby  authorized  and  empowered  by  themselves  or  their  agents  to 
exercise  all  the  powers  herein  granted  to  the  corporation  for  the 
purpose  of  locating,  constructing,  and  completing  said  railroad,  and 
for  the    transportation  of  persons,  goods,  and  property  of  all  des- 
criptions, and  all  such  power  and  authority  for  the  management  of 
the  affairs  of  the  corporation  as  may  be  necessary  and  proper  to 
carry  into  effect  the  objects  of  this  grant,  to  purchase  and  hold 
land,  materials,  engines,  and  cars  and  other  necessary  things  in 
the  name  of  the  corporation  for  the  use  of  said  road,  and  for  the 
transportation  of  persons,  goods,  and  property  of  all  descriptions ; 
to  make  such  equal  assessments  from  time  to  time  on  all  the  shares 
in  said  corporation  as  they  may  deem  expedient  and  necessary  in 
the  execution  and  progress  of  the  work,  and  direct  the  same  to  be 
paid  to  the   treasurer  of  the  corporation,  and  the  treasurer  shall 
give  notice  of  all  such  assessments ;  and  in  case  any  subscriber  or 
stockholder  shall  neglect  to  pay  any  assessment  on  his  share  or 
shares  for  the  space  of  thirty  days  after  such  notice  is  given  as 
shall  be  prescribed  by  the  by-laws  of  said  corporation,  the  directors 
may  order  the  treasurer  to  sell  such  share  or  shares  at  public  auc- 
tion, after  giving  such  notice  as  may  be  prescribed  as  aforesaid,  to 
the  highest  bidder,  and  the  same  shall  be  transferred  to  the  pur- 
chaser, and  such  delinquent  subscriber  or  stockholder  shall  be  held 
accountable  to  the  corporation  for  the  balance  if  his  share  or  shares 
shall  sell  for  less  than  the  assessments  due  thereon  with  the  interest 
and  cost  of  sale  ;  and  shall  be  entitled  to  the  overplus  if  his  share 
or  shares  shall  sell  for  more  than  the  assessments  due  with  interest 
and  costs  of  sale :  Provided  however,  That  no  assessments  shall 

8* 


90  MATTANAWCOOK   RAILROAD    CORPORATION. 

be  laid  upon  any  shares  in  said  corporation  of  a  greater  amount  in 
the  whole  than  one  hundred  dollars. 

Sect.  4.  That  said  corporation  shall  have  power  to  make, 
ordain,  and  establish  all  necessary  by-laws  and  regulations  consist- 
ent with  the  constitution  and  the  laws  of  this  State  for  their  own 
government,  and  for  the  due  and  orderly  conducting  of  their  affairs 
and  the  management  of  their  property. 

Sect.  5.  That  a  toll  be  and  hereby  is  granted  and  established 
for  the  sole  benefit  of  said  corporation,   upon  all  passengers  and 
property  of  all  descriptions  which  may  be  conveyed  or  transported 
upon  said  road,  at  such  rates  per  mile  as  may  be  agreed  upon  and 
established  from  time  to  time  by  the  directors  of  said  corporation. 
The  transportation  of  persons  and  property,  the  construction  of 
wheels,  the  form  of  cars  and  carriages,  the   weights  of  loads  and 
all  other  matters  and  things  in  relation  to  the  use  of  said  road, 
shall  be  in  conformity  with  such  rules,  regulations,  and  provisions 
as  the  directors  shall  from  time  to  time  prescribe  and  direct.     Pro- 
vided^ that  after  ten  years  from  the  completion  of  said  railroad, 
whenever  the  profits  arising  from  tolls  or  otherwise  shall  exceed 
the  amount  of  twelve  per  centum  per  annum  on  the  actual  cost  of 
said  railroad,  engines,  cars,  and  other  appurtenances  necessarily 
connected  therewith,  and  after  deducting  all  necessary  disburse- 
ments in  conducting  its  operations,  then  the  legislature  shall  from 
time  to  time  have  the  right  so  to  reduce  such  tolls  as  may  have 
been  established,  not   below  the  rate  of  twelve  per  centum  per 
annum  as  aforesaid,  as  may  be  judged  expedient.     And  to  carry 
this  provision  into  effect  it  shall  be  the  duty  of  said  corporation 
within  twelve  months  after  such  railroad  shall  have  been  put  in 
operation,  or  any  section  thereof,  to  make  returns  to  the  governor 
and  council  of  the  actual  cost  of  said  railroad  or  section  thereof, 
and  annually  thereafter  of  all  the  disbursements  allowed  by  the 
directors,  and  the  rates  of  toll  by  them  established,  the  amount  of 
tolls  and  other  profits  received,  and  the  rate  of  profit  or  per  centum 
on  the  cost  aforesaid  actually  realized  within  the  year.     And  if  the 
legislature  shall  not  be  satisfied  with  such  return,  the  legislature 
may  require  an  examination  into  the  affairs  of  the  corporation  in 
such  manner  as  they  shall  direct.     And  if  it  shall  appear  that  the 
affairs  of  said  corporation  have  not  been  economically  conducted, 
and  that  the  profits  arising  from  tolls  or  otherwise  might  have 
exceeded  the  amount  of  twelve  per  centum  per  annum,  or  that  any 


MAINE.  91 

\vilfiil  evasion  of  this  section  has  been  practised  by  said  corporo- 
tion,  then  the  legislature  shall  have  a  right  to  make  such  reduc- 
tions of  the  charges  for  disbursements  aforesaid,  allowed  and 
charged  by  said  directors,  as  shall  be  reasonable,  and  upon  such 
basis  so  made  as  aforesaid,  they  may  reduce  the  tolls  aud  profits, 
if  they  shall  judge  it  expedient  so  to  do,  but  not  below  twelve  per 
centum  per  annum.  And  further  provided,  that  the  legislature 
may  authorize  any  other  company,  or  companies  to  connect  any 
other  railroad  or  railroads  with  the  railroad  of  said  corporation  at 
any  points  of  intersection  on  the  route  of  said  railroad.  And  the 
corporation  shall  receive  and  transport  all  persons,  goods  and  pro- 
perty of  all  descriptions  which  may  be  carried  and  transported  to 
the  railroad  of  said  corporation  on  such  other  railroads  as  may  be 
hereafter  authorized  to  be  connected  therewith,  at  the  same  rates 
of  toll  and  freight  as  may  be  prescribed  by  said  corporation,  so 
that  the  rates  of  freight  and  toll  on  such  passengers,  goods,  and 
other  property,  as  may  be  received,  from  such  other  railroads  so 
connected  with  said  railroad  as  aforesaid,  shall  not  exceed  the 
general  rates  of  freight  and  toll  on  said  railroad  received  for  freight 
and  passengers  at  any  of  the  depots  of  said  corporation.  And 
further  provided,  that  said  corporation  after  the  completion  of  its 
route  shall  be  holden  at  all  times  to  keep  said  railroad  in  good  and 
sufficient  repair,  and  shall  have  a  lien  on  all  merchandise  and 
property  transported  on  said  railroad  for  the  payment  of  all  legal 
tolls. 

Sect.  6.  That  the  directors  of  said  corporation  for  the  time 
being  are  hereby  authorized  to  erect  toll-houses,  establish  gates, 
appoint  toll-gatherers,  and  demand  toll  on  the  road  aforesaid,  when 
completed,  and  upon  such  parts  thereof  as  shall  from  time  to  time 
be  completed. 

Sect.  7.  That  when  said  corporation  shall  take  any  land  or  other 
estate  as  aforesaid  of  any  infant,  person  non  compos  mentis,  feme 
covert,  whose  husband  is  under  guardianship,  the  guardian  of  such 
infant,  or  person  non  compos  mentis,  and  feme  covert  with  the 
guardian  of  her  husband  shall  have  full  power  and  authority  to 
agree  and  settle  with  said  corporation,  for  damages  or  claims  for 
damages  by  reason  of  taking  such  land  and  estate  aforesaid,  and 
give  good  and  valid  releases  and  discharges  therefor. 

Sect.  8.  That  if  any  person  shall  wilfully  and  maliciously,  or 
wantonly  and  contrary  to  law  obstruct  the  passage  of  any  carriage 
on  said  railroad,  or  in  any  way  spoil,  injure,  or  destroy  said  rail- 


92  "  MATTAXAWCOOK  KAILROAD   CORPORATION. 

road,  or  any  part  thereof,  or  any  thing  belonging  thereto,  or  any 
material  or  implements  to  be  employed  in  the  construction  or  for 
the  use  of  said  road,  he,  she,  or  they,  or  any  person  or  persons, 
assisting,  aiding,  or  abetting  such  trespass,  shall  forfeit  and  pay  to 
said  corporation  for  every  such  offence,  treble  such  damages  as 
shall  be  proved  before  the  justice,  court,  or  jury,  before  whom  the 
trial  shall  be  had,  to  be  sued  for  before  any  justice,  or  in  any  court 
proper  to  try  the  same,  by  the  treasurer  of  the  corporation,  or  other 
officer,  whom  they  may  direct,  to  the  use  of  said  corporation. 
And  such  offender  or  offenders  shall  be  hable  to  indictment  by  the 
grand  jury  of  the  county,  within  which  such  trespass  shall  have 
been  committed,  for  any  offence,  or  offences,  contrary  to  the  above 
provisions,  and  upon  conviction  thereof  before  any  court  competent 
to  try  the  same,  shall  pay  a  fine  not  exceeding  one  hundred  dollars, 
to  the  use  of  the  State,  or  may  be  imprisoned  for  a  term  not  exceed- 
ing one  year,  at  the  discretion  of  the  court  before  whom  such  con- 
viction shall  be  had. 

Sect.  9.  That  the  annual  meeting  of  the  members  of  said  cor- 
poration shall  be  holden  on  the  first  Monday  of  May,  at  such  time 
and  place  as  the  directors  for  the  time  being  shall  appoint,  at 
which  meeting  the  directors  shall  be  chosen  by  ballot,  each  pro- 
prietor being  entitled  to  as  many  votes  as  he  holds  shares,  and  the 
directors  are  hereby  authorized  to  call  special  meetings  of  the 
stockholders  whenever  they  shall  deem  it  expedient  and  proper, 
giving  &uch  notice  as  the  corporation  by  their  by-laws  shall 
direct. 

Sect.  10.  That  if  the  said  railroad  in  the  course  thereof  shall  cross 
any  private  way,  the  said  corporation  shall  so  construct  said  rail- 
road, as  not  to  obstruct  the  safe  and  convenient  use  of  such  private 
way;  and  if  the  said  railroad  shall  in  the  course  thereof  cross  any 
canal,  turnpike,  railroad,  or  other  highwa}?",  the  said  railroad  shall 
be  so  constructed  as  not  to  obstruct  the  safe  and  convenient  use  of 
such  canal,  turnpike,  or  other  highway  ;  and  the  said  corporation 
shall  have  power  to  raise  or  lower  such  turnpike,  highway,  or  pri- 
vate way  so  that  the  said  railroad,  if  necessary,  may  conveniently 
pass  under  or  over  the  same,  and  erect  such  gate  or  gates  thereon 
as  may  be  necessary  for  the  safety  of  travellers  on  said  turnpike, 
railroad,  highway,  or  private  way. 

Sect.  11.  That  said  corporation  shall  be  held  liable  to  grade  ten 
miles  of  said  route  within  one  year  from  the  first  day  of  June  next, 
and  one  half  of  said  route  within  two  years  from  that  date,  and 


MAINE.  93 

the  remainder  within  three  years  from  said  first  day  of  June ;  and 
provided  said  corporation  shall  fail  to  complete  said  railroad  within 
three  years  from  the  first  day  of  June,  in  the  year  of  our  Lord, 
one  thousand  eight  hundred  and  thirty-six,  this  Act  shall  be  null 
and  void. 

Sect.  12.  That  said  railroad  corporation  shall  constantly  main- 
tain and  keep  in  good  repair  all  bridges  with  their  abutments  and 
embankments  which  they  may  construct,  for  the  purpose  of  con- 
ducting their  railroad  over  any  canal,  turnpike,  highway,  or  private 
way,  or  for  conducting  such  private  way' or  turnpike  over  said 
railroad. 

Sect.  13.  That  the  books  of  said  corporation  shall  at  all  times 
be  open  to  the  inspection  of  the  governor  and  council,  and  of  any 
committee  duly  authorized  by  the  legislature. 

Sect.  14.  That  the  provisions  of  an  Act  concerning  corpora- 
tions, passed  March  seventeenth,  one  thousand  eight  hundred  and 
thirty-one,  shall  not  extend  or  apply  to  the  corporation  hereby 
incorporated. 

Sect.  15.  That  the  said  corporation  shall  at  all  times  when  the 
postmaster  general  shall  require  it,  be  holden  to  transport  the  mail 
of  the  United  States  from  and  to  such  place  or  places  on  said  rail- 
road as  required,  for  a  fair  and  reasonable  compensation ;  and  in 
case  the  corporation  and  the  postmaster-general  shall  be  unable  to 
agree  upon  the  compensation  aforesaid,  the  legislature  of  the  State 
shall  fix  and  determine  the  same.     Ajjproved,  March  28,  18^8. 


KERKLAND   CANAL  AND    RAILROAD    COMPANY. 
INCORPORATED    IN    MAINE    IN    1836. 

Chapter  172  of  the  Special  Laws  of  1836  contains  the  charter. 

Sect.  1  grants  corporate  powers,  describes  the  route,  authorizing  them  to  build  a 
Canal  or  Railroad,  to  clear  Pushaw  Stream,  and  to  construct  other  necessary 
works. 

Sect.  2  empowers  them  to  construct  a  Railroad  or  Canal,  not  exceeding  four  rods  in 
width,  and  to  take  land  and  materials  thereon  necessary  for  the  purposes  of  the 
road  agreeably  to  an  Act  concerning  Railroad  Corporations  passed  March  1,  1836, 
land  damages  to  be  assessed  according  ro  the  provisions  of  said  Act ;  they  are  also 
authorized  to  use  the  waters  of  Pushaw  Stream. 

Sect.  3  vests  the  government  in  not  less  than  five  Directors,  to  be  chosen  at  the  first 
meeting  and  afterwards  at  the  annual  meeting  of  the  Company. 


94  KIRKLAND    CANAL   AND   RAILROAD    COMPANY. 

Sect.  4  authorizes  them  to  make  by-laws  not  repugnant  to  the  laws  of  the  Statei 
and  provides  for  the  choice  of  officers. 

Sect.  5.  provides,  if  the  construction  of  the  Railroad  or  Canal  be  not  commenced  on 
or  before  June  1,  1837,  that  this  Act  shall  be  void. 

Sect.  6  limits  the  Capital  Stock  to  $50,000  in  shares  of  $100  each  ;  each  share  enti- 
tling the  holder  to  one  vote,  no  member  having  more  than  thirty  votes. 

Sect.  7  empowers  the  Company  to  collect  such  tolls  as  they  may  establish,  the  Leg- 
islature having  the  power  to  reduce  them,  and  a  lien  being  created  on  articles  for 
their  freight. 

Sect.  8  directs  the  mode  of  crossing  public  highways. 

Sect.  9  authorizes  them  to  hold  sufficient  real  estate  for  the  purposes  of  the  road, 
and  to  make  and  collect  assessments  on  shares. 

Sect.  10  establishes  the  mode  of  organization. 


Laws  of  1836,  Chap.  172. 
An  Act  to  incorporate  the  liorkland  Canal  and  Railroad  Company. 

Sect.  1.  Be  it  enacted,  <^c.  That  Winborn  A.  Swett,  Charles 
W.  Wilder,  Edward  Mitchell,  Luke  Wilder,  Jimr.,  Elijah  Clark, 
Neal  Warren,  Kendall  Smith,  Nathan  L.  Merrill,  Heman  S.  Jack- 
son, Hall  Bagley,  John  Thissell,  Samuel  Blake,  Mathew  H.  French, 
Harvey  Hatch,  William  Tozier,  Martin  Ulmer,  Ijay  Gay,  William 
McLaughlin,  Chapman  Goodwin,  Moses  Shepard,  their  associates, 
successors,  and  assigns,  be  and  they  hereby  are  made  a  body  politic 
and  corporate  by  the  name  of  the  Kirkland  Canal  and  Railroad 
Comp|iny,  with  all  the  powers  and  privileges  and  subject  to  all  the 
liabilities  incident  to  similar  corporations.  And  the  said  company 
are  authorized  and  empowered  to  make,  construct,  and  complete  a 
canal  or  railroad,  or  a  canal  and  railroad,  from  Little  Pushaw 
Pond  situate  in  Kirkland,  or  from  any  point  on  Pushaw  Stream 
above  the  falls  which  are  near  the  centre  of  said  town  to  great 
Pushaw  pond,  or  to  any  point  of  said  Pushaw  stream  below  the 
fails  aforesaid  as  shall  be  deemed  most  expedient  —  with  the  right 
of  clearing  said  stream  of  any  obstruction  to  the  navigation  of 
boats  and  rafts  —  and  they  are  also  authorized  to  erect,  construct, 
and  complete  such  dams,  lowing  paths,  reservoirs,  aqueducts,  feed- 
ers, culverts,  basins  for  boats,  embankments,  piers,  locks,  wharves, 
bridges,  channels,  and  such  other  works  as  they  shall  deem  neces- 
sary or  expedient  for  facilitating  the  transportation  of  lumber,  wood, 
bark,  and  all  other  articles. 

Sect.  2.  That  said  company  be  and  they  hereby  are  authorized 
and  empowered  to  lay  out  and  locate  a  route  for  and  construct  such 


MAINE.  95 

a  canal  or  railroad  as  they  shall  deem  most  convenient  not  exceed- 
ing four  rods  in  width,  and  such  basins,  wharves,  piers,  dams, 
ponds,  reservoirs,  and  embankments,  as  they  shall  judge  necessary, 
and  take  such  lands  as  may  be  necessary  for  the  purpose  of  obtain- 
ing stones  and  gravel  for  the  proper  construction  of  any  dams, 
embankments,  or  other  works  of  said  company,  agreeably  to  the 
Act  of  this  State,  defining  ceriain  rights,  and  duties  of  railroad 
corporations,  passed  March  first,  one  thousand  eight  hundred  and 
thirty-six,  and  all  damages  sustained  in  consequence  of  locating 
and  constructing  said  canal  and  railroad,  or  said  canal  or  railroad 
shall  be  determined  agreeably  to  the  provisions  of  said  Act,  and 
said  company  may  take  and  use  such  of  the  waters  of  the  Pushaw 
stream  as  may  be  necessary  or  advantageous  for  the  purpose  of 
said  canal  or  railroad  as  the  said  company  may  construct. 

Sect.  3.  That  the  powers  of  the  company,  except  at  the  legal 
meetings  thereof,  shall  be  vested  in  a  board  of  not  less  than  five 
directors,  who  shall  be  chosen  at  the  first  meeting  of  the  company, 
and  shall  afterwards  be  chosen  annually  at  such  time  as  the  by- 
laws of  the  company  may  determine,  and  shall  hold  their  offices 
for  one  year  and  until  others  shall  be  chosen  in  their  stead. 

Sect.  4.  That  the  company  shall  have  power  to  establish  any 
by-laws  not  repugnant  to  the  laws  of  this  State,  and  the  directors 
shall  annually  elect  from  their  own  number  a  president,  secretary, 
treasurer,  and  such  other  officers  as  the  said  by-laws  may  pre- 
scribe. 

Sect.  5.  That  this  grant  shall  be  void,  unless  the  construction 
of  said  canal  or  railroad  shall  be  commenced  on  or  before  the  first 
day  of  June,  one  thousand  eight  hundred  and  thirty-seven,  and 
completed  within  three  years  from  the  passage  of  this  Act. 

Sect.  6.  That  the  capital  stock  of  said  company  may  consist  of 
fifty  thousand  dollars,  and  shall  be  divided  into  shares  of  one  hun- 
dred dollars  each,  and  said  shares  shall  be  deemed  personal  prop- 
erty, and  transferred  in  such  manner  as  the  by-laws  of  the  com- 
pany shall  direct;  and  each  share  shall  be  entitled  to  one  vote — 
Provided,  no  member  shall  be  allowed  more  than  thirty  votes. 

Sect.  7.  That  said  company  shall  have  power  from  time  to  time 
to  establish,  demand,  and  collect  such  rates  of  toll  for  the  transpor- 
tation of  persons,  goods,  wares,  and  merchandise,  lumber,  or  any 
article  on  said  road,  as  they  may  see  fit ;  —  Provided  however,  that 
the  legislature  after  the  completion  of  said  road,  may  reduce  its 
tolls  at  pleasure,  and  a  lien  is  hereby  created  upon  all  property  or 


96    MAHSTE,   NEW  HAMPSHIRE   A^D   MASSACHUSETTS  RAILROAD    CO. 

merchandise  transported  on  said  railroad  or  canal,  for  transporting 
the  same. 

Sect.  8.  That  if  the  said  railroader  canal  shall  pass  any  public 
highway",  the  construction  shall  be  such  as  not  to  injure  or  obstruct 
the  safe  conveyance  on  said  public  way. 

Sect.  9.  That  the  company  may  purchase  and  hold  such  land 
and  other  property  as  may  be  necessary  for  the  construction  of 
said  railroad  or  canal,  and  may  make  assessments  on  the  shares 
and  collect  the  same  in  such  manner  as  may  be  prescribed  in  their 
by-laws. 

Sect.  10.  That  the  first  meeting  of  the  company  may  be  called 
by  Winborn  A.  Swett,  Charles  W.  Wilder,  Nathan  L.  Merrill,  and 
John  Thissel,  or  either  of  them,  by  publishing  the  notice  of  such 
meeting  three  weeks  successively  in  some  newspaper  printed  in  the 
county  of  Penobscot  —  the  last  pubhcation  to  be  ten  days  at  least 
before  the  time  appointed  for  such  meeting.  Approved^  March  29, 
1836. 


MAINE,  NEW  HAMPSHIRE,  AND  MASSACHUSETTS  RAILROAD 

CORPORATION. 


INCORPORATED    IN   MAINE    IN    1836. 

Chapter  179  of  the  Special  Laws  of  1836  contains  the  Charter. 

Sect.  1  grants  corporate  powers,  subject  to  an  Act  concerning  Corporations,  passed 
February  16,  1836,  and  an  Act  concerning  Railroad  Corporations,  passed  March  1, 
1836 ;  it  describes  tbe  location,  and  empowers  them  to  build  a  Railroad,  with  one 
or  more  sets  of  rails,  and  to  take  and  hold  sufficient  real  estate  for  the  purposes  of 
the  road,  not  exceeding  four  rods  in  width  except  when  necessary  for  excavations 
or  embankments,  and  to  fell  and  remove  trees,  within  four  rods  of  the  road,  likely 
to  obstruct  it,  paying  therefor  damages,  if  not  agreed  upon,  to  be  determined  by 
the  County  Commissioners  ;  appUcation  to  the  Commissioners  therefor  to  be  made 
within  three  years  from  the  time  of  taking  the  land  ;  or,  if  already  taken,  within 
one  year  from  the  passing  of  this  Act. 

Sect.  2  describes  the  location,  authorizing  the  construction  of  a  branch  road. 

Sect.  3  provides  that  the  capital  stock  shall  consist  of  not  less  than  5000  nor  more 
than  6000  shares ;  vests  the  government  in  seven,  nine,  or  thirteen  Directors,  and 
provides  for  the  choice  of  officers ;  it  directs  that  books  for  subscription  to  the 
stock  be  opened  at  various  places  for  ten  days,  after  twenty  days'  previous  public 
notice,  and  if  the  shares  subscribed  for  shall  exceed  6000,  they  shall  be  distributed 
among  the  original  subscribers ;  it  also  directs  the  mode  of  organization. 

Sect.  4  defines  the  powers  and  duties  of  the  President  and  Directors,  authorizing  to 
make  equal  assessments  not  exceeding  $100  on  each  share,  and  to  sell  shares  for 
non-payment  of  assessments,  after  notice. 


MAINE.  ^  97 

Sect.  5  authorizes  them  to  make  by-laws  not  repugnant  to  the  laws  of  the  State. 

Sect.  6  grants  a  toll,  the  rates  thereof  and  other  matters  relating  to  the  road  to  be 
regulated  by  the  Directors  :  provided,  if  at  the  end  of  twelve  years  from  the  com- 
pletion of  the  road,  the  net  income  shall  exceed  12  per  cent,  per  annum  on  its 
cost,  the  Legislature  may  reduce  the  rates  of  toll  to  that  siim,  and  so  at  the  end  of 
each  twelve  years  ;  or  instead  thereof,  the  surplus  may  be  appropriated  to  public 
schools. 

Sect.  7  provides  that  the  Legislature  may  authorize  other  Companies  to  connect  their 
roads  with  this  road,  and  their  passengers  and  articles  shall  be  transported  over 
this  road  at  the  rates  of  toll  prescribed  for  this  road. 

Sect.  8  authorizes  the  directors  to  erect  toll-houses  and  collect  toll. 

Sect.  9  provides  that  the  guardian  of  an  infant  or  person  non  compos  mentis,  or  feme 
covert,  whose  husband  is  under  guardianship,  and  his  guardian  may  release  land 
damages. 

Sect.  10  enacts  that,  if  any  person  shall  wilfully  place  obstructions  on  the  road,  or 
injure  or  destroy  the  Company's  property,  or  any  implements  or  materials  used  in 
the  construction  of  the  road,  he  shall  forfeit  to  the  Company  treble  the  damages, 
to  be  recovered  in  an  action,  and  shall  be  liable  to  indictment  and  line  or  impris- 
onment. 

Sect.  11  appoints  the  time  of  the  annual  meeting  when  directors  shall  be  chosen,  and 
they  are  authorized  to  call  special  meetings,  if  necessary. 

Sect.  12  dii-ects  the  mode  of  crossing  any  private  way,  highway,  canal,  or  turnpike  ; 
providing  that  they  may  raise  or  lower  any  turnpike,  highway  or  private  way,  and 
shall  erect  gates  thereon,  for  the  safety  of  travellers. 

Sect.  13  provides,  if  the  Corporation  be  not  organized  and  the  location  filed  on  or 
before  December  31,  1839,  or  the  road  completed  on  or  before  December  31,  1846, 
that  this  Act  shall  be  void. 

Sect.  1-1  requii-es  that  they  shall  maintain  bridges  over  all  crossings. 

Sect.  15  authorizes  them  to  erect  bridges,  for  their  sole  use,  over  navigable  waters, 
so  as  not  to  obstruct  navigation. 

Sect.  16  provides  that  their  books  shall  be  open  to  the  inspection  of  the  Governor 
and  Council,  and  a  Committee  of  the  Legislature  ;  and  at  the  end  of  each  twelve 
years  the  Treasurer  shall  exhibit,  under  oath,  to  the  Legislatiire,  the  net  income 
of  the  road. 

Sect.  17  enacts  that  "  An  Act  concerning  Corporations,"  passed  March  17,  1831, 
shall  not  apply  to  this  Corporation. 

Sect.  18  provides  that  they  shall,  if  required,  transport  the  U.  S.  Mail  for  a  compen- 
sation, if  not  agreed  upon,  to  be  determined  by  the  Legislature. 

Chapter  533  of  the  Special  Laws  of  1839  enacts  that  the  time  for  doing  certain  things 
named  in  section  13  of  said  Act,  shall  be  extended  for  four  years  beyond  the  time 
therein  fixed,  and  the  time  for  completing  said  road  shall  be  extended  to  Decem- 
ber 31,  1850. 

Chapter  145  of  the  Special  Laws  of  1841  contains  an  additional  Act. 

Sect.  1  empowers  them  to  construct  a  Railroad  from  Somersworth  in  this  State,  at 
the  line  dividing  this  State  from  Maine,  so  as  to  connect  with  the  Boston  and 
Maine  Railroad  in  New  Hampshire ;  thence  through  Berwick  and  South  Berwick 
to  the  line  of  said  Railroad. 
9 


98   MAINE,   NEW  HAMPSHIRE,   AND   MASSACHUSETTS   RAILROAD    COR. 

Sect.  2.  extends  all  the  rights  and  liabilities  arising  under  the  original  Act  to  this 

Act. 
Sect.  3  authorizes  them  to  connect  with  other  Railroads,  and  to  enjoy  all  their  rights, 

except  to  run  locomotives  on  their  road. 
Sect.  4  allows  three  years  herefrom  for  the  location  of  the  route,  and  six  years  for  the 

completion  of  the  road. 

Chapter  108  q/"  the  Special  Laws  of  1843  contains  an  Act  to  unite  this  Corporation  with 

the  Boston  and  Maine  Railroad. 

Sect.  1  provides  that  the  stockholders  in  this  Company  are  hereby  constituted  stock- 
holders of  said  Boston  and  Marue  Xlaih-oad  —  a  Corporation  created  by  the  laws 
of  New  Hampshire  and  Massachusetts  —  and  the  stockholders  of  that  Company 
are  made  stockholders  in  this,  and  the  franchises  and  property  of  both  said  Corpo- 
rations shall  be  held  jointly,  by  the  name  of  the  Boston  and  Maine  BaUroad,  and 
enjoyed  by  the  stockholders,  in  proportion  to  the  number  of  their  shares. 

Sect.  2  requires  that  one  or  more  of  the  Directors  of  said  Company  shall  reside 
in  this  State,  on  whom  process  against  said  Company  may  be  served ;  and  they 
shall  answer  where  service  is  made  and  process  is  returnable. 

Sect.  3  provides  that  separate  accounts  shall  be  kept  of  the  expenditures  in  each 
State,  and  that  three  Commissioners  shall  be  appointed,  one  by  the  Governor  of 
each  State,  for  the  term  of  four  years,  to  be  reasonably  compensated  by  said 
Company,  who  shall  apportion  the  receipts  and  expenditures  in  each  State,  and 
by  whom  the  Annual  Report  to  the  Legislature  shall  be  approved. 

Sect.  4  enacts  that,  as  to  that  part  of  the  road  situated  in  Maine,  the  Company  and 
its  stockholders  shall  be  subject  to  the  duties  and  liabilities  of  the  Maine,  New 
Hampshire,  and  Massachusetts  Railroad,  and  the  general  provisions  concerning 
Corporations. 

Sect.  5  suspends  the  operation  of  this  Act,  until  this  and  an  Act  of  New  Hampshire 
and  Massachusetts,  authorizing  the  union,  shall  have  been  accepted  by  the  stock- 
holders of  said  Corijorations,  at  legal  meetings  for  that  purpose. 

Chapter  152  of  the  Special  Laws  of  1844  contains  an  additiotial  Act. 

Sect.  1  defines  the  duties  and  liabilities  of  said  united  Corporation  to  be  the  same  as 

those  of  the  original  Company. 
Sect.  2  makes  this,  when  accepted,  a  part  of  said  Act  of  1843. 

Chapter  340  of  the  Special  Laws  of  1846  contains  an  Act  uniting  the  Boston  and  Maine 
Railroad  Extension  Company  to  this  Company. 


Laws  of  1836,  Chap.  179. 

An  Act  to  establish  the  Maine,  New  Hampshire,  and  Massachusetts  Railroad 

Corporation. 

Be  it  enacted^   ^c.  That  Joseph  Adams,    Mason   Greenwood, 
Oliver  B.  Dorrance,  Charles  M.  Davis,  William  AV.  Woodbury, 


MAINE.  99 

Nathan  Winslow,  Jedediah  Jewett,  Henry  Smith,  John  Warren, 
Bryce  M.  Edwards,  Daniel  T.  Pierce,  Noah  Mason,  Toppan  Robie, 
Joseph  M.  Gerrish,  James  Irish,  Alexander  McLellan,  Nathan 
Elden,  Joseph  Woodman,  Abijah  Usher,  Joseph  Hobson,  Ellis  B. 
Usher,  Nathaniel  J.  Miller,  Edmnnd  Warren,  WiUiam  Cook.  Isaac 
Dearing,  Jeremiah  Roberts,  Porter  Oilman,  Jonathan  Downing, 
Ivory  Hall,  Nathaniel  Farnum,  John  Griffin,  Joseph  Emerson, 
Jeremiah  Bradbnry.  William  B.  Holmes,  Abiel  Hall,  David  Hall, 
Alvah  Conant,  Jeremiah  Goodwm,  Benjamin  J.  Herrick,  John  Pow- 
ers, Nicholas  E.  Paine,  John  J.  Paine,  Arthur  McArthur,  Charles  E. 
Bartlett,  Thomas  B.  Parks,  Job  Harris,  John  B.  Wood,  Frederick 
Cogswell,  their  associates,  successors,  and  assigns  be,  and  they  are 
hereby  made  a  body  politic  and  corporate,  by  the  name  of  "  the 
Maine,  New  Hampshire,  and  Massachusetts  Railroad  Corporation," 
and  by  that  name  shall  have  all  the  powers,  privileges,  and  immu- 
nities, and  be  subject  to  all  the  duties  and  liabilities  provided  and 
prescribed  in  an  Act  passed  on  the  sixteenth  of  February  last, 
entitled  "  an  Act  concerning  Corporations,"  and  an  Act  defining 
certain  rights  and  duties  of  railroad  corporations,  passed  the  first 
of  March  instant,  and  shall  be  and  hereby  are  invested  with  all 
the  powers,  privileges,  and  immunities,  which  are  or  may  be 
necessary  to  carry  into  effect  the  purposes  and  objects  of  this  Act 
as  hereinafter  set  forth.  And  the  said  corporation  are  hereby 
authorized  and  empowered  to  locate,  construct,  and  finally  com- 
plete, alter,  and  keep  in  repair  a  railroad  with  one  or  more  set  of 
rails  or  tracks,  with  all  suitable  bridges,  viaducts,  turnouts,  cul- 
verts, drains,  and  all  other  necessary  appendages,  from  some  point 
or  place  in  the  city  of  Portland,  through  the  village  of  Saccarappa 
in  the  town  of  Westbrook,  thence  into  the  village  of  Gorham, 
thence  through  the  town  of  Buxton  to  Saco  River,  and  to  cross 
said  river  at  some  place  as  hereinafter  provided ;  thence  through 
the  towns  of  Hollis  and  Waterborough  to  Alfred  village,  thence 
through  the  towns  of  Sanford,  North  Berwick,  and  Berwick  to  the 
village  of  Great  Falls  in  Somersworth  and  to  unite  with  the  rail- 
road from  said  Great  Falls  through  New  Hampshire  to  Massa- 
chusetts line,  in  such  manner  and  form  as  they  shall  deem  to  be 
most  expedient.  And  for  this  purpose  said  corporation  shall  have 
the  right  to  take  and  hold  so  much  of  the  land,  and  other  real 
estate  of  private  persons  as  may  be  necessary  for  the  location, 
construction,  and  convenient  operation  of  their  railroad,  and  they 
shall  also  have  the  right  to  take,  remove,  and  use  for  the  construe- 


100   MAINE,  NEW  HAMPSHIRE,  AND   MASSACHUSETTS  RAILROAD    COR. 


tion  and  repair  of  said  railroad  and  appurtenances,  any  earth, 
gravel,  stone,  timber,  or  other  materials,  on  or  from  the  land  so 
taken  ;  Provided^  however,  that  said  land  so  taken,  shall  not  exceed 
four  rods  in  width,  except  where  greater  width  is  necessary  for 
the  purpose  of  excavation  or  embankment :  And  provided^  also, 
that  in  all  cases,  said  corporation  shall  pay  for  such  lands,  estate, 
or  materials  so  taken  and  used,  such  price  as  they  and  the  owner, 
or  respective  owners  thereof  may  mutually  agree  on  ;  and  in  case 
said  parties  shall  not  otherwise  agree,  then  said  corporation  shall 
pay  such  damages  as  shall  be  ascertained  and  determined  by  the 
county  commissioners  for  the  county  where  such  land  or  other 
property  may  be  situated,  in  the  same  manner  and  under  the  same 
conditions  and  limitations,  as  are  by  law  provided  in  the  case  of 
damages  by  laying  out  of  highways.  And  the  land  so  taken  by  said 
corporation  shall  be  held  as  lands  taken  and  held  for  public  high- 
ways. And  no  application  to  said  commissioners  to  estimate  said 
damages  shall  be  sustained,  unless  made  within  three  years  from 
the  time  of  taking  such  land  or  other  property ;  or  when  it  has 
already  been  taken,  witiiin  one  year  from  the  time  of  passing  this 
Act,  and  in  case  such  railroad  shall  pass  through  any  wood  lands 
or  forests,  the  said  company  shall  have  the  right  to  fell  or  remove 
any  trees  standing  therein,  within  four  rods  from  such  road,  which 
by  their  liability  to  be  blown  down  or  from  their  natural  falling 
might  obstruct  or  impair  said  railroad,  by  paying  a  just  compensa- 
tion therefor,  to  be  recovered  in  the  same  manner  as  is  provided 
for  the  recovery  of  other  damages  in  this  bill. 

Sect.  2.  That  said  railroad  shall  pass  over  Saco  River  in  such 
place  at  or  near  the  falls  at  the  Bar  Mills,  or  at  or  near  the  falls  at 
Salmon  Falls,  or  at  some  intermediate  point  between,  as  said 
commissioners  or  a  majority  of  them  shall  determine;  and  said 
corporation  is  hereby  authorized  and  empowered  to  locate,  con- 
struct, and  finally  complete,  alter  and  keep  in  repair  a  branch  or 
branches  of  said  railroad  from  either  or  both  of  said  falls  to  said 
principal  railroad,  which  may  unite  therewith  and  become  a  part 
thereof. 

Sect.  3.  That  the  capital  stock  of  said  corporation  shall  consist 
of  not  loss  than  five  thousand,  nor  more  than  six  thousand  shares ; 
and  the  immediate  government  and  direction  of  the  atfairs  of  said 
corporation  shall  be  vested  in  seven,  nine,  or  thirteen  directors, 
who  shall  be  chosen  by  the  members  of  said  corporation,  in  the 
manner  hereinafter  provided,  and   shall  hold  their  offices  until 


MAINE.  101 

Others  shall  have  been  duly  elected  and  qualified  to  take  their 
places,  a  majority  of  whom  shall  form  a  quorum  for  the  transac- 
tion of  business ;  and  they  shall  elect  one  of  their  number  to  be 
the  president  of  the  board,  who  shall  also  be  the  president  of  the 
corporation ;  and  shall  have  authority  to  choose  a  clerk  who  shall 
be  sworn  to  the  faithful  discharge  of  his  duty,  and  a  treasurer, 
who  shall  give  bonds  to  the  corporation,  with  sureties,  to  the  satis- 
faction of  the  directors,  in  a  sum  of  not  less  than  thirty  thousand 
dollars,  for  the  faithful  discharge  of  his  trust.     And  for  the  pur- 
pose of  receiving  subscriptions   to  the  said  stock,  books  shall  be 
opened  under  the  direction  of  the  persons  named  in  the  first  sec- 
tion of  this  Act,  at  such  time  and  in  such  places  in  the  shire  towns 
in  the  several  counties  of  York,  Cumberland,  and  Oxford,  in  this 
State,  and  in  the  towns  of  Somersworth,  Dover,  New  Market,  and 
Exeter  in  New  Hampshire,  and  Haverhill,  and  Andover,   and  the 
city  of  Boston  in    Massachusetts,   and   elsewhere  as  they  shall 
appoint,  to  remain  open  for  ten  successive  days,  at  which  time 
and  place  of  subscription  public  notice  shall  be  given  in  some 
newspaper  prmted  in  Portland,   Great  Falls,  Dover,    Haverhill, 
Exeter,  and  Boston,  twenty  days  at  least,  previous  to  the  opening 
such  subscription,  and  in  case  the  amount  subscribed  shall  exceed 
six  thousand  shares,  the  same  shall  be  distributed  among  all  the 
subscribers,  according  to  such  regulations,  as  the  persons  having 
charge  of  the  opening  of  the  subscription  books  shall  prescribe 
before  the  opening  of  said  books.     And  any  seven  of  the  persons 
named  in  the  first  section  of  this  Act,  are  hereby  authorized  to 
call   the  first  meeting  of  said  corporation,  by  giving  notice  in  one 
or  more  newspapers   pubhshed  in   the   towns   and   cities   above 
named,  of  the  time  and  place,  and  the  purpose  of  such  meeting, 
at  least  twenty  days  before  the  time  mentioned  in  such  notice. 

Sect.  4.  That  the  president  and  directors  for  the  time  being,  are 
hereby  authorized  and  empowered  by  themselves  or  their  agents, 
to  exercise  all  the  powers  herein  granted  to  the  Corporation,  for 
the  purpose  of  locating,  constructing,  and  completing  said  railroad, 
and  for  the  transportation  of  persons,  goods,  and  property  of  all 
descripiions,  and  all  such  power  and  authority  for  the  management 
of  the  aff"airs  of  the  corporation,  as  may  be  necessary  and  proper 
to  carry  into  eflect  the  objects  of  this  grant ;  to  purchase  and  hold 
land,  materials,  engines,  and  cars,  and  other  necessary  things,  in 
the  name  of  the  corporation  for  the  use  of  said  road,  and  for  the 
transportation  of  persons,  goods,  and  property  of  all  descriptions ; 


102   MAINE,    NEAV  HAMPSHIRE,   AND   MASSACHUSETTS   RAILROAD    COR. 

to  make  such  equal  assessments  from  time  to  time,  on  all  the 
shares  in  said  corporation,  as  they  may  deem  expedient  and 
necessary,  in  the  execution  and  the  progress  of  the  work,  and 
direct  the  same  to  be  paid  to  the  treasurer  of  the  corporation. 
And  the  treasurer  shall  give  notice  of  all  such  assessments ;  and 
in  case  any  subscriber  or  stockholder  shall  neglect  to  pay  any 
assessment  on  his  share  or  shares  for  the  space  of  thirty  days 
after  such  notice  is  given  as  shall  be  prescribed  by  the  by-laws  of 
said  corporation,  the  directors  may  order  the  treasurer  to  sell  such 
share  or  shares,  at  public  auction,  after  giving  such  notice  as  may 
be  prescribed  as  aforesaid,  to  the  highest  bidder,  and  the  same 
shall  be  transferred  to  the  purchaser,  and  such  delinquent  subscri- 
ber or  stockholder  shall  be  held  accountable  to  the  corporation  for 
the  balance,  if  his  share  or  shares  shall  sell  for  less  than  the  assess- 
ments due  thereon,  with  the  interest  and  costs  of  sale;  and  shall 
be  entitled  to  the  overplus,  if  his  share  or  shares  shall  sell  for  more 
than  the  assessments  due,  with  interest  and  costs  of  sale ;  Provi- 
ded however^  That  no  assessments  shall  be  laid  upon  any  shares  in 
said  corporation  of  a  greater  amount  in  the  whole,  than  one  hun- 
dred dollars. 

Sect.  5.  That  the  said  corporation  shall  have  power  to  make, 
ordain,  and  establish  all  necessary  by-laws  and  regulations,  con- 
sistent with  the  constitution  and  the  laws  of  this  State,  for  their 
own  government,  and  for  the  due  and  orderly  conducting  of  their 
affairs,  and  the  management  of  their  property. 

Sect.  6.  That  a  toll  be  and  hereby  is  granted  and  established, 
for  the  sole  benefit  of  said  corporation,  upon  all  passengers,  and 
property  of  all  descriptions,  which  may  be  conveyed  or  transported 
upon  said  road,  at  such  rates  per  mile  as  may  be  agreed  upon  and 
established  from  time  to  time  by  the  directors  of  said  corporation. 
The  transportation  of  persons  and  property,  the  construction  of 
wheels,  the  form  of  cars  and  carriages,  the  weight  of  loads,  and 
all  other  matters  and  things  in  relation  to  the  use  of  said  road  shall 
be  in  conformity  with  such  rules,  regulations,  and  provisions  as  the 
directors  shall  from  time  to  time  prescribe  and  direct ;  Provided 
however,  That  if  at  the  expiration  of  twelve  years  from  and  after 
the  completion  of  said  road  the  net  income  or  receipts  from  tolls 
and  other  profits,  taking  the  twelve  years  aforesaid  as  the  basis  of 
calculation,  shall  have  amounted  to  more  than  twelve  per  centum 
per  annum  upon  the  cost  of  the  road  and  incidental  expenses,  the 
legislature  may  alter  and  reduce  the  rate  of  tolls,  and  other  profits. 


MAINE.  103 

SO  that  the  net  income  shall  not  exceed  twelve  per  centum  for  the 
next  twelve  years,  calculating  the  amount  of  transportation  on  the 
road  to  be  the  same  as  in  the  twelve  preceding  years,  and  at  the 
expiration  of  every  twelve  years  thereafter,  the  same  proceedings 
may  be  had.  And  further  provided^  That  the  legislature  shall  not 
at  any  time,  so  reduce  the  tolls  and  other  profits,  as  to  produce  less 
than  twelve  per  centum  upon  the  cost  of  said  railroad,  taking  the 
basis  of  calculation  as  aforesaid,  without  the  consent  of  said  cor- 
poration. And  provided  further,  That  the  legislature  may,  instead 
of  reducing  said  tolls  and  profits  to  twelve  per  centum,  appropriate 
the  surplus  to  the  public  schools  of  the  State. 

Sect.  7.  That  the  legislature  may  authorize  any  other  company 
or  companies  to  connect  any  other  railroad  or  railroads  with  the 
railroad  of  said  corporation,  at  any  points  of  intersection  on  the 
route  of  said  railroad.  And  said  corporation  shall  receive  and 
transport  all  persons,  goods,  and  property,  of  all  descriptions, 
which  may  be  carried  and  transported,  to  the  railroad  of  said 
corporation,  on  such  other  railroads  as  may  be  hereafter  authori- 
zed to  be  connected  therewith,  at  the  same  rates  of  toll  and  freight 
as  may  be  prescribed  by  said  corporation,  so  that  the  rates  of 
freight  and  toll  on  such  passengers,  goods,  and  other  property  as 
may  be  received  from  such  other  railroads,  so  connected  with  said 
railroad  as  aforesaid,  shall  not  exceed  the  general  rates  of  freight 
and  toll  on  said  railroad  received  for  freight  and  passengers,  &.c. 
at  any  of  the  depots  of  said  corporation. 

Sect.  8.  That  the  directors  of  said  corporation  for  the  time  be- 
ing are  hereby  authorized  to  erect  toll  houses,  establish  gates,  ap- 
point toll  gatherers  and  demand  toll  on  the  road,  when  completed, 
and  upon  such  parts  thereof  as  shall  from  time  to  time  be  com- 
pleted. 

Sect.  9.  That  when  said  corporation  shall  take  any  land,  or 
other  estate,  as  aforesaid,  of  any  infant,  person  non  compos  mentis, 
or  feme  covert,  whose  husband  is  under  guardianship,  the  guardian 
of  such  infant,  or  person  non  compos  mentis,  and  such  feme  covert, 
with  the  guardian  of  her  husband  shall  have  full  power  and 
authority  to  agree  and  settle  with  said  corporation,  for  damages,  or 
claims  for  damages,  by  reason  of  taking  such  land  and  estate  afore- 
said, and  give  good  and  valid  releases  and  discharges  therefor. 

Sect.  10.  That  if  any  person  shall  wilfully  and  maliciously,  or 
wantonly  and  contrary  to  law,  obstruct  the  passage  of  any  carriage 
on  said  railroad,  or  in  any  way  spoil,  injure,  or  destroy  said  railroad, 


104  MAINE,   NEW  HAMPSHIRE,   AND  MASSACHUSETTS   RAILROAD   COR. 

or  any  part  thereof,  or  any  thing  belonging  thereto,  or  any  mate- 
rial or  implements  to  be  employed  in  the  construction  or  for  the  use 
of  said  road,  he,  she,  or  they,  or  any  person  or  persons,  assisting, 
aiding,  or  abetting  such  trespass,  shall  forfeit  and  pay  to  said  cor- 
poration for  every  such  offence,  treble  such  damages  as  shall  be 
proved  before  the  justice,  court,  or  jury,  before  whom  the  trial  shall 
be  had,  to  be  sued  for  before  any  justice,  or  in  any  court  proper  to  try 
the  same,  by  the  treasurer  of  the  corporation,  or  other  officer,  whom 
they  may  direct,  to  the  use  of  said  corporation.  And  such  offender 
or  offenders  shall  be  liable  to  indictment  by  the  grand  jury  of  the 
county,  within  which  trespass  shall  have  been  committed,  for  any 
offence  or  offences,  contrary  to  the  above  provisions,  and  upon  con- 
viction thereof  before  any  court  competent  to  try  the  same,  shall 
pay  a  fine  not  exceeding  one  hundred  dollars,  to  the  use  of  the 
State,  or  may  be  imprisoned  for  a  term  not  exceeding  one  year,  at 
the  discretion  of  the  court  before  whom  such  conviction  may  be 
had. 

Sect.  11.  That  the  annual  meeting  of  the  members  of  said  cor- 
poration shall  be  holden,  on  the  first  Monday  in  June,  at  such  time 
and  place  as  the  directors  for  the  time  being  shall  appoint,  at  which 
meeting,  the  directors  shall  be  chosen  by  ballot,  each  proprietor 
being  entitled  to  as  many  votes  as  he  holds  shares,  and  the  directors 
are  hereby  authorized  to  call  special  meetings  of  the  stockholders, 
whenever  they  shall  deem  it  expedient  and  proper,  giving  such 
notice  as  the  corporation  by  their  by-laws  shall  direct. 

Sect.  12.  That  if  the  said  railroad,  in  the  course  thereof,  shall 
cross  any  private  way,  the  said  corporation  shall  so  construct  said 
railroad  as  not  to  obstruct  the  safe  and  convenient  use  of  such  pri- 
vate way;  and  if  the  said  railroad  shall,  in  the  course  thereof, 
cross  any  canal,  turnpike,  railroad,  or  other  highway,  the  said  rail- 
road shall  be  so  constructed  as  not  to  obstruct  the  safe  and  conven- 
ient use  of  such  canal,  turnpike,  or  other  highway;  and  the  said 
corporation  shall  have  power  to  raise  or  lower  such  turnpike,  high- 
way, or  private  way,  so  that  the  said  railroad,  if  necessary,  may 
conveniently  pass  under  or  over  the  same,  and  erect  such  gate  or 
gates  thereon,  as  may  be  necessary  for  the  safety  of  travellers  on 
said  turnpike,  railroad,  highway,  or  private  way. 

Sect.  13.  That  if  the  said  corporation  shall  not  have  been 
organized,  and  the  location  according  to  actual  survey  of  the  route 
filed  with  the  county  commissioners  of  the  counties  through  which 
the  same  shall  pass,  on  or  before  the  thirty-first  day  of  December, 


MAINE.  105 

in  the  year  of  our  Lord  one  thousand  eight  hundred  and  thirty 
nine,  or  if  the  said  corporation  shall  fail  to  complete  said  railroad 
on  or  before  the  thirty-first  day  of  December,  in  tlje  year  of  our 
Lord  one  thousand  eight  hundred  and  forty-six,  in  either  of  the 
above  mentioned  cases,  this  Act  shall  be  null  and  void. 

Sect.  14.  That  said  railroad  corporation  shall  constantly  main- 
tain in  good  repair  all  bridges  with  their  abutments  and  embank- 
ments, which  they  may  construct  for  the  purpose  of  conducting 
their  railroad  over  any  canal,  turnpike,  highway,  or  private  way, 
or  for  conducting  such  private  way  or  turnpike  over  said  railroad. 

Sect.  15.  That  if  said  railroad  shall  in  the  course  thereof,  cross 
any  tide  waters,  navigable  rivers  or  streams,  the  said  corporation 
be  and  they  hereby  are  authorized  and  empowered  to  erect  for  the 
sole  and  exclusive  travel  on  their  said  railroad,  a  bridge  across 
each  of  said  rivers  or  streams,  or  across  any  such  tide  waters  ; 
Provided,  said  bridge  or  bridges  shall  be  so  constructed  as  not  to 
obstruct  or  impede  the  navigation  of  said  waters. 

Sect.  16.  That  the  books  of  said  corporation  shall  at  all  times 
be  open  to  the  inspection  of  the  governor  and  council,  and  of  any 
committee  duly  authorized  by  the  legislature  :  and  at  the  expiration 
of  every  twelve  years  the  treasurer  of  said  corporation  shall  make 
and  exhibit  under  oath  to  the  legislature,  of  the  net  profits  derived 
from  the  income  of  said  railroad. 

Sect.  17.  That  an  Act  entitled  "  an  Act  concerning  corpora- 
tions" passed  March  seventeenth,  in  the  year  of  our  Lord  one 
thousand  eight  hundred  and  thirty-one,  shall  not  extend  or  apply 
to  the  company  hereby  incorporated. 

Sect.  18.  That  the  said  corporation  shall  at  all  times,  when  the 
postmaster-general  shall  require  it,  be  holden  to  transport  the  mail 
of  the  United  States  from  and  to  such  place  or  places  on  said  road 
as  required,  for  a  fair  and  reasonable  compensation.  And  in  case 
the  corporation  and  the  postmaster-general  shall  be  unable  to  agree 
upon  the  compensation  aforesaid,  the  legislature  of  the  State  shall 
determine  the  same.     Approved^  March  30,  1836. 

Laws  of  1839,  Chap.  533. 

An  Act  additional  to  an  Act  to  establish  the  Maine,  New  Hampshire,  and  Massachu- 
setts Railroad  Corporation. 

Be  it  enacted,  ij'c.  That  the  time  for  doing  and  performing  cer- 
tain acts,  matters,  and  things  mentioned  in  the  thirteenth  section  of 


106   MAINE,    NEW  HAMPSHIRE,   AND  MASSACHUSETTS  RAILROAD   COR. 

the  Act  to  which  this  is  additional,  passed  on  the  thirtieth  day  of 
March,  eighteen  hundred  and  thirty-six,  be  and  the  same  is  hereby 
extended  for  ^he  term  of  four  years  from  and  after  the  expiration 
of  the  time  mentioned  in  said  thirteenth  section  ;  and  the  time  for 
completing  said  railroad,  as  mentioned  in  said  thirteenth  section,  is 
hereby  extended  to  the  thirty-first  day  of  December,  in  the  year  of 
our  Lord,  one  thousand  eight  hundred  and  fifty.  Approved^ 
March  12,  1839. 

Laws  of  1841,  Chap.  145. 

An  Act  in  addition  to  "  An  Act  to  establish  the  Maine,  New  Hampshire,  and  Massa- 
chusetts Railroad  Corporation." 

Sect.  1.  Be  it  enacted^  S^c.  That  the  Maine,  New  Hampshire, 
and  Massachusetts  Railroad  Corporation,  are  hereby  authorized 
and  empowered  to  construct  and  complete  a  railroad,  commencing 
at  Somersworth,  in  the  State  of  New  Hampshire,  at  the  hue  that 
divides  the  State  of  Maine  from  the  State  of  New  Hampshire,  so 
as  to  connect  with  the  Boston  and  Maine  railroad,  in  New  Hamp- 
shire ;  thence  extending  through  the  towns  of  Berwick  and  South 
Berwick,  and  thence  northeasterly  on  the  most  convenient  ground, 
till  it  intersects  the  line  described  in  the  Act  to  which  this  is  in 
addition. 

Sect.  2.  That  for  the  proper  construction  of  said  road,  this  cor- 
poration shall  have  all  the  rights,  powers,  and  privileges,  and  be 
subject  to  all  the  duties,  and  the  state  shall  have  all  the  rights, 
in  respect  to  the  road  hereby  authorized  to  be  made,  which  exist 
m  the  Act  to  which  this  is  in  addition. 

Sect.  3.  That  the  said  corporation  are  hereby  authorized  to 
connect  their  said  railroad  with  any  other  railroad  or  railroads,  at 
any  point  or  points  of  intersection,  on  the  route  of  their  said  rail- 
road, as  provided  in  the  charters  of  the  said  railroads  respectively  ; 
and  shall  be  entitled  to  all  the  privileges,  in  the  transportation  of 
persons,  goods,  and  property  of  all  descriptions,  which  are  provided 
in  such  cases,  in  their  respective  charters,  but  not  intending  to  give 
to  either  corporation  the  right  of  rinining  their  locomotive  on  the 
track  of  the  other. 

Sect.  4.  That  the  said  corporation  shall  be  allowed  three  years, 
from  the  time  of  the  passage  of  this  Act,  for  the  actual  survey  and 
location  of  the  route  of  said  road,  and  the  filing  of  the  same  with 


MAINE.  107 

the  county  commissioners,  in  the  counties  through  which  the  same 
shall  pass ;  and  six  years  for  the  completion  of  the  same.  Ap- 
proved, April  2,  1841. 

Laws  of  1843,  Chap.  108. 

An  Act  to  unite  the  Maine,  New  Hampshire,  and  Massachusetts  Railroad  Corpora- 
tion, with  the  Boston  and  Maine  Raikoad. 

Sect.  1,  Be  it  enacted,  ^"c.  The  stockholders  of  the  Maine, 
New  Hampshire,  and  Massachusetts  Railroad  Corporation  are 
hereby  constituted  stockholders  of  the  Boston  and  Maine  Railroad, 
a  body  corporate  and  politic  duly  constituted  and  existing  under 
and  by  virtue  of  the  laws  of  the  Stales  of  New  Hampshire  and 
Massachusetts  ;  and  the  stockholders  of  said  Boston  and  Maine 
Railroad  are  hereby  constituted  stockholders  of  the  said  Maine, 
New  Hampshire,  and  Massachusetts  Railroad  Corporation,  and  the 
said  two  corporations  are  hereby  made  one  corporation,  by  the 
name  of  the  Boston  and  Maine  Railroad ;  and  all  the  franchises, 
property,  powers,  and  privileges  granted  or  acquired  under  the 
authority  of  the  said  States  respectively,  shall  be  held  and  enjoyed 
by  all  the  said  stockholders  in  proportion  to  the  number  of  shares, 
or  amount  of  property  held  by  them  respectively,  in  either  or  both 
of  said  corporations. 

Sect.  2.  One  or  more  of  the  directors  or  other  officers  of  said 
Boston  and  Maine  Railroad  shall,  at  all  times,  be  an  inhabitant  of 
this  State,  on  whom  process  against  said  company  may  be  legally 
served  ;  and  said  company  shall  be  held  to  answer  in  the  jurisdic- 
tion where  the  service  is  made,  and  the  process  is  returnable. 

Sect.  3.  The  said  company  shall  keep  separate  accounts  of 
their  expenditures  in  Maine,  New  Hampshire,  and  Massachusetts, 
respectively ;  and  three  commissioners  shall  be  appointed,  one  by 
the  governor  of  each  state,  to  hold  their  offices  for  the  term  of  four 
years,  and  to  be  reasonably  compensated  by  said  company,  who 
shall  decide  what  portion  of  the  expenditures  of  said  company, 
and  of  its  receipts  and  profits  properly  pertain  to  that  part  of  the 
road  lying  in  Maine,  New  Hampshire,  and  Massachusetts,  respec- 
tively ;  and  the  annual  report,  required  to  be  made  by  the  directors 
to  the  legislature  of  this  State,  shall  be  approved  by  the  said  com- 
missioners. 

Sect.  4.  The  said  company  and  the  stockholders  therein,  so 


108   MAINE,   NEW   HAMPSHIRE,   AND   MASSACHUSETTS   RAILROAD    COR. 

far  as  their  road  is  situated  in  Maine,  shall  be  subject  to  all  the 
duties  and  liabilities  of  the  Maine,  New  Hampshire,  and  Massa- 
chusetts Railroad  Corporation,  and  the  general  laws  of  this  State 
regulating  corporations. 

Sect.  5.  This  Act  shall  not  take  effect  until  the  same,  and  also 
an  Act  of  the  legislature  of  New  Hampshire  and  Massachusetts 
respectively,  authorizing  the  union  of  the  said  corporations  shall 
have  been  accepted  by  the  stockholders  of  the  said  two  corpora- 
tions respectively,  at  legal  meetings  called  for  that  purpose.  Ap- 
proved, March  22,  1843. 

Laws  of  1844,  Chap.  152. 

An  Act  in  addition  to  "  An  Act  to  unite  the  Maine,  New  HampsMre,  and  Massa- 
chusetts Railroad  Corporation  with  the  Boston  and  Maine  RaUroad. 

Sect.  1.  Be  it  enacted,  t^-c.  Nothing  contained  in  the  Act  to 
which  this  is  additional,  is  intended,  or  shall  be  so  construed  as  to 
subject  the  said  united  corporations  to  any  other  duties,  liabilities, 
or  laws,  than  such  as  the  said  Maine,  New  Hampshire,  and  Mas- 
sachusetts Railroad  Corporation  might  have  been  subjected  to,  in 
case  the  said  Act,  to  which  this  is  in  addition,  had  not  passed. 

Sect.  2.  This   Act,    when   accepted   by   the  said   corporation, 
shall  be  considered  part  and  parcel  of  the  said  Act  of  union,  and' 
one  of  the  terms  and  conditions  thereof     Approved,  February  29, 
1844. 

Laws  of  1846,  Chap.  340. 

An  Act  to  tmite  the  Boston  and  Maine  Railroad  Extension  Company  with  the 

Boston  and  Maine  Railroad. 

Be  it  enacted,  4*c.  The  Boston  and  Maine  Railroad  Exten- 
sion Company,  a  corporation  organized  under  the  commonwealth 
of  Massachusetts,  is  hereby  united  to  the  Boston  and  Maine  Rail- 
road, and  the  said  two  corporations  are  hereby  made  one  corpora- 
tion by  the  name  of  the  Boston  and  Maine  Railroad ;  and  all  the 
franchises,  property,  powers,  and  privileges  granted  to  or  acquired 
by  the  said  Boston  and  Maine  Railroad  Extension  Company,  shall 
be  held  and  enjoyed  by  the  said  Boston  and  Maine  Railroad,  in 
the  same  manner  and  as  fully  to  all  intents  and  purposes,  as  if  the 
same  had  been  originally  granted  or  acquired  by  the  said  Boston 
and  Maine  Railroad ;    and  all  the  duties  and  liabilities  of  said 


MAINE.  109 

Extension  Company  shall  appertain  to  and  be  performed  by  the 
said  Boston  and  Maine  Raih'oad.     Approved^  July  16,  1846. 


HALLOWELL   GEANITE   RAILEOAD    COMPANY. 

INCORPORATED    IN    MAINE    IN    1836. 
Chapter  214  of  the  Special  Laws  q/"  1836  contains  the  Charter. 

Sect.  1  grants  corporate  powers,  under  the  name  of  the  Hallowell  Railroad  Com- 
pany, subject  to  "  An  Act  defining  certain  rights  and  duties  of  Railroad  Corpora- 
tions "  passed  March  1, 1836,  and  describes  the  location,  authorizing  them  to  lay  one 
or  more  sets  of  rails,  with  a  right  to  buUd  branches  to  any  quarries  of  granite  in 
the  town  of  Hallowell :  provided,  any  owners  of  any  granite  quarry  may  at  thek 
own  expense  unite  a  branch  from  their  quarries  to  the  Railroad,  if  the  Company 
do  not  elect  within  six  months  from  their  organization,  to  build  it,  and  notify  said 
owTiers  thereof;  and  provided  the  road  does  not  run  nearer  than  ten  rods  from  the 
house  of  Charles  Vaughan. 

Sect.  2  grants  a  toll,  and  establishes  the  rates,  provided  owners  of  quarries  may 
furnish  and  use  on  said  road  and  branches  their  own  cars  and  have  a  deduction  of 
live  cents  per  ton ;  and  makes  other  provisions  concerning  the  transportation  from 
quarries. 

Sect.  3  empowers  the  Company  to  provide  suitable  wharves  and  landing  places,  and 
establishes  other  rates  of  toll. 

Sect.  4  authorizes  land  owners,  whose  land  shall  have  been  taken  for  the  road,  to 
cross  the  Railroad  and  erect  bridges  or  causeways  ;  it  in  certain  cases  requires  the 
Company  to  maintain  division  fences,  and  the  land  owners  to  erect  gates  at  such 
places,  to  be  kept  closed  when  the  Railroad  cars  shall  pass. 

Sect.  5  requu-es,  after  the  Company  shaU  have  completed  any  track  and  commenced 
receiving  toll,  that  they  keep  the  road  in  suitable  repair  for  the  transportation  of 
heavy  articles,  and  provide  proper  vehicles  for  that  purpose. 


Laws  of  1836,  Chap.  214. 
An  Act  to  incorporate  the  Hallowell  Granite  Railroad  Company. 

Sect.  1.  Be  it  enacted^  <^'c.  That  John  Gardiner,  John  Otis, 
Levi  Thing,  Calvin  Spaulding,  Robert  Gardiner,  Peter  Atherton, 
George  Curtis,  Samuel  Thompson,  Daniel  Talmadge,  John  Hub- 
bard Jr.,  Samuel  Longfellow,  Ward  B.  Howard,  Reuel  Williams, 
and  Alfred  Redington,  their  associates,  successors,  and  assigns  be 
and  they  hereby  are  made  a  body  politic  and  corporate  by  the 
name  of  the  Hallowell  Railroad  Company,  and  by  that  name  shall 

10 


110  HALLO  WELL   GRANITE   RAILROAD    COMPANY." 

be  and  hereby  are  made  capable  in  law  to  ordain  and  establish  by- 
laws, and  be  vested  with  all  the  requisite  powers  to  carry  the  pur- 
poses of  this  Act  into  effect,  agreeably  in  all  respects  to  "an  Act 
defining  certain  rights  and  duties  of  railroad  corporations  "  passed 
the  first  day  of  March,  in  the  year  of  our  Lord  one  thousand  eight 
hundred  and  thirty-six.  And  the  said  company  are  hereby  author- 
ized and  empowered  to  locate,  construct,  and  finally  complete  and 
keep  in  repair  a  railroad  with  one  or  more  set  of  tracks,  with  suit- 
able turnouts,  culverts,  drains,  and  other  necessary  appendages, 
from  the  quarry  of  the  Hallowell  Granite  Company  in  the  town  of 
Hallowell  or  from  some  point  at  or  near  said  quarry,  and  running 
southerly  to  the  Kennebec  River  in  the  town  of  Hallowell ;  and  in- 
cluding at  the  upper  end  of  said  railroad  a  sufficient  space  for  a 
commodious  depot,  for  granite  and  other  articles  to  be  transported 
on  said  railroad,  with  the  right  of  extending  said  railroad  by 
branches  to  any  quarry  or  quarries  of  granite  in  said  town  of 
Hallowell.  Provided  however,  that  the  owner  or  owners  of  any 
granite  quarry  may  at  any  time  hereafter,  at  their  own  expense, 
unite  a  branch  from  their  quarries  with  the  railroad,  or  branches 
of  the  same  by  this  Act  authorized,  if  the  company  does  not  elect 
to  build  such  branch  Avithhi  six  months  from  the  organization  of 
said  company,  and  give  notice  thereof  to  the  owner  or  owners  of 
such  quarry;  and  j)rovided  also  that  the  railroad  shall  not  run 
nearer  than  ten  rods  in  distance  from  the  present  dwelling  house  of 
Charles  Vaughan,  Esq. 

Sect.  2.  That  a  toll  be  and  hereby  is  granted  and  established  for 
the  sole  benefit  of  the  company  hereby  incorporated,  upon  all 
granite,  passengers,  and  property  of  all  descriptions,  which  may  be 
transported  upon  the  railroad  hereby  authorized,  and  any  of  its 
branches,  at  the  rate  of  forty-two  cents  for  every  ton  of  granite  or 
other  heavy  material,  transported  from  the  depot  at  or  near  the 
quarry  of  the  Hallowell  granite  company  to  the  depot  or  place  of 
shipping  at  Kennebec  River,  and  in  the  same  proportion  for  a 
greater  or  less  quantity  and  for  a  greater  or  less  distance,  and 
twenty-five  cents  for  each  passenger  for  the  distance  aforesaid,  and 
at  that  rate  for  a  greater  or  less  distance.  Provided,  that  the  own- 
ers of  granite  or  any  granite  quarry  may  furnish  and  use  upon  the 
said  railroad  and  branches,  at  their  own  expense,  their  own  cars  of 
suitable  construction,  and  shall  be  entitled  to  a  deduction  from  the 
toll  aforesaid  at  the  rate  of  five  cents  per  ton.  And  it  is  also  j)ro- 
vided,  that  in  case  a  reduction  from  the  rates  of  toll  aforesaid  shall 


MAINE.  Ill 

be  made,  in  favor  of  any  person  transporting  granite  on  said  rail- 
way taken  from  any  quarry  to  which  the  railway  runs,  the  same 
deduction  shall  be  made,  in  favor  of  any  person  or  persons  trans- 
porting granite  on  said  railroad  from  the  same  or  any  other  quarry 
or  quarries;  And  provided^  that  any  owners  of  granite  or  granite 
quarry  furnishing  their  own  cars  as  aforesaid,  shall  have  a  right  to 
return  with  the  same  upon  the  railroad,  from  the  shipping  depot  at 
the  river  to  their  quarry  or  to  the  depot  at  the  quarry  of  the  Hal- 
lowell  Granite  Company,  free  of  toll,  and  for  all  the  purposes  of  this 
Act  fourteen  cubic  feet  of  granite  shall  be  construed  for  and  known 
as  a  ton,  and  at  that  rate  for  a  greater  or  less  quantity. 

Sect.  3.  That  the  company  by  this  Act  authorized  shall  have 
power  to  provide  suitable  wharves  and  landing  places  at  and  adja- 
cent to  Kennebec  River,  for  the  deposit  and  laying  of  granite  and 
loading  the  same,  and  to  furnish  suitable  apparatus  for  loading  the 
granite  on  shipboard,  and  shall  be  entitled  to  ten  cents  a  ton  for 
landage,  wharfage,  and  furnishing  suitable  apparatus  for  loading 
on  shipboard.  But  if  the  owner  of  the  granite  furnishes  his  own 
apparatus  for  loading  as  aforesaid,  said  company  shall  be  entitled 
to  demand  or  receive  no  more  than  five  cents  per  ton,  and  at  that 
rate  for  landage  and  wharfage,  unless  the  granite  lies  on  the  land- 
ing places  or  the  wharves  by  the  river  more  than  twenty  days  in 
shipping  season  of  the  year  ;  in  which  case  the  company  shall  be 
entitled  to  five  cents  per  ton  a  month,  and  at  that  rate  for  a  longer 
or  shorter  time  beyond  twenty  days  in  shipping  season;  and  said 
company  shall  permit  vessels  and  other  water  craft  to  lie  in  the  river 
at  their  said  wharves,  for  a  reasonable  time  requisite  for  loading  the 
same  with  granite,  free  of  charges  or  expense  except  the  landage 
and  wharfage  on  the  granite  as  aforesaid. 

Sect.  4.  That  the  owners  of  any  land  that  shall  be  taken  in  the 
location  of  the  railroad  by  this  Act  authorized,  or  of  its  branches, 
their  heirs  and  assigns,  shall  have  the  right  for  themselves,  their 
servants,  their  agents  and  persons  in  their  employ,  and  for  their 
horses,  cattle,  teams,  sleds,  carts,  and  carriages  to  pass  and  repass 
said  land  and  railroad  at  any  convenient  place  or  places,  in  going 
from  one  part  of  their  own  land  to  another  part  or  to  any  high- 
way, and  for  such  purposes,  said  owners  their  heirs  and  assigns 
shall  have  a  right  to  erect,  maintain,  and  keep  in  repair  any 
bridges,  inclined  planes  and  causeways,  adjoining  the  several  tracks, 
and  not  inconsistent  with  the  ordinary  use  of  said  railroad,  being 
always  responsible  for  any  damage  by  them  done  thereby  to  the 


112  KENNEBEC    AND    PORTLAND    RAILED  AD    COMPANY. 

railroad,  or  any  of  its  appendages,  and  when  the  length  of  the  land 
taken  as  aforesaid  across  or  through  any  several  parcels  of  land 
shall  exceed  forty  rods,  it  shall  be  the  duty  of  the  company  hereby 
established,  to  make  and  maintain  the  division  fences  on  the  land 
so  taken,  between  the  owner  thereof  and  the  adjoining  owner  or 
owners  and  to  make  and  maintain  suitable  gates  across  the  several 
tracks  at  the  place  of  such  division  fences,  to  be  kept  closed  at  all 
times  except  when  the  railroad  cars  are  passing  such  gates. 

Sect.  5.  That  after  the  corporation  hereby  authorized  have 
located,  constructed,  and  finally  completed  any  railroad  track  in 
pursuance  of  this  Act,  and  have  commenced  taking  toll,  ii  shall  be 
and  hereby  is  made  the  duty  of  said  corporation,  to  keep  the  same 
in  a  suitable  state  of  repair  for  the  safe  transportation  of  passen- 
gers, granite,  and  other  heavy  materials,  and  to  provide  suitable 
horse-power,  servants,  and  railroad  cars  for  the  safe  transportation 
in  the  daytime  and  on  reasonable  notice,  and  a  tender  to  the  toll 
gatherer  or  other  proper  officer  of  the  corporation  of  the  tolls  here- 
by granted  for  such  transportation.     Approved^  April  1,  1836. 


KENNEBEC  AND   PORTLAND   RAILROAD    COMPANY. 
INCORPORATED    IN   MAINE    IN    1836. 

Chapter  227  of  the  Special  Laws  of  1836  contains  the  Charter. 

Sect.  1  grants  corporate  powers,  subject  to  the  provisions  of  "An  Act  concerning 
Corporations"  passed  February  16,  1836,  and  "An  Act  defining  the  rights  and 
duties  of  Railroad  Corporations"  passed  March  1,  1836;  authorizing  them  to 
make  by-laws  not  repugnant  to  the  laws  of  the  State ;  it  also  describes  the  loca- 
tion. 

Sect.  2  vests  the  government  in  not  loss  than  nine  directors,  to  be  chosen  at  the  first 
meeting,  and  afterwards  annually,  and  describes  their  powers. 

Sect.  3  provides  that,  imless  the  location  be  filed  on  or  before  August  1,  1837,  and 
the  stock  be  taken  up  within  two  years  thereafter,  and  that  part  of  the  route  be- 
tween Portland  and  Brunswick  be  completed  and  in  operation  within  six  years,  and 
the  whole  road  within  ten  years  from  said  August  1,  this  Act  shall  be  void. 

Sect.  4  limits  the  Capital  Stock  to  $1,200,000  in  shares  of  $200,  each  share  entitling 
the  holder  to  one  vote,  not  exceeding  the  number  of  fifty  votes. 

Sect.  5  grants  a  toll,  to  be  established  by  them,  provided,  when  the  net  income  of 
the  road  shall  exceed  12  per  cent,  per  annum  on  its  cost,  the  Legislature  may  re- 
duce the  rates  of  toll  to  that  sum  :  and  said  Company  shall,  within  one  year  after 
the  road  or  any  part  thereof  be  put  in  operation,  make  return  to  the  Governor 
and  Council  of  its  cost,  iacome,  and  expenditures ;   and  the  Legislature  may  in- 


MAINE.  113 

quire  into  the  doings  of  the  Company,  and  if  they  deem  it  expedient,  reduce  the 
rates  of  toll  as  aforesaid ;  provided  they  shall  deal  as  favorably  with  this  Com- 
pany as  with  the  Maine,  Nevr  Hampshire,  and  Massachusetts  Railroad  Company, 
and  make  the  same  reservation  respecting  Primary  Schools  as  in  that  charter. 

Sect.  6  requires  the  Company  to  provide  suitable  cars,  and  empowers  them  to  take 
and  hold  sufficient  real  estate  and  other  property  for  the  purposes  of  the  road,  to 
have  a  lion  for  tolls  due  on  all  articles  transported,  and  to  make  assessments  on 
shares  agreeably  to  the  by-laws. 

Sect.  7  requires,  that  they  shall  receive,  from  any  railroad  connected  with,  or  ap- 
proaching near  this  road,  persons,  and  articles  to  be  transported,  on  payment  or 
tender  of  tolls,  provided  said  Railroad  Company  shall  transport  persons  and  arti- 
cles from  this  road ;  and  provided  said  Company  may  connect  with  any  railroad 
leading  to  Boston  in  the  manner  designated  by  the  Engineer  who  shall  survey 
and  construct  said  road. 

Sect.  8  provides,  that  any  person,  who  shall  wilfully  place  obstructions  on  the  road, 
or  injure  or  destroy  the  Company's  property  or  any  implements  or  materials  used 
in  the  construction  of  the  road,  shall  forfeit  to  the  company  treble  the  amount  of 
damages,  to  be  recovered  in  an  action,  and  shall  be  liable  to  indictment  and  fine. 

Sect.  9  enacts,  that  the  provisions  of  an  "  Act  concerning  Corporations "  passed 
March  17,  1831,  shall  not  apply  to  this  Company. 

Sect.  10  appoints  the  time  for  holding  the  first  meeting. 

Sect.  11  provides,  that  they  shall  when  required,  transport  theU.  S.  Mail  for  a  com- 
pensation, if  not  agreed  upon,  to  be  determined  by  the  Legislature. 

Sect.  12  requires,  that  the  portion  of  the  road  from  Gardiner  to  Augusta  shall  be 
finished  within  one  year  after  the  road  from  Gardiner  to  Portland  shall  have  been 
completed,  and  shall  be  properly  surveyed ;  but  if  such  extension  of  the  road 
shall  require  increase  of  Capital  Stock,  then  one  year  more  shaU  be  allowed  ;  pro- 
vided, they  shall  be  required  to  connect  Augusta,  in  the  most  commodious  manner, 
with  said  road  from  Gardiner  to  Portland ;  and  if  any  other  road  be  commenced 
between  Portland  and  Augusta,  or  Gardiner  and  Augusta,  this  Company  shall  not 
be  required  to  build  it  from  Gardiner  to  Augusta. 

Chapter  152  of  the  Special  Laws  of  1841  contains  an  additional  Act. 

It  extends  the  time  for  making  the  survey  and  a  return  thereof  five  years,  and  that 
for  taking  up  the  stock  to  six  years,  and  that  for  completing  the  road  to  ten  years 
herefrom ;  and  repeals  all  provisions  inconsistent  herewith. 

Chapter  273  of  the  Special  Laws  of  1845  contains  an  additional  Act. 

Sect.  1  extends  the  time  for  completing  the  survey  to  five  years,  that  for  taking  up 

the  stock  to  six  years,  and  that  for  completing  the  road  to  ten  years  herefrom. 
Sect.  2  authorizes  the  Company  to  erect  bridges  across  navigable  waters,  so  as  not 

to  obstruct  them. 
Sect.  3  provides,  that  their  real  estate  shall  be  taxed  where  it  is  situated,  and  that, 

when  the  net  income  exceeds  10  per  cent  per  annum  on  the  cost  of  the  road,  the 

Company  shall  pay  a  certain  portion  thereof  to  the  State. 
Sect?  4  empowers  the  Company  to  coimect  their  road  with  any  other  road. 
Sect.  5  authorizes  any  three  persons  named  in  the  charter  to  organize  the  Company. 
Sect.  6  repeals  Acts  and  parts  of  Acts  inconsistent  herewith. 

10* 


114  KENNEBEC    AND    PORTLAND    RAILROAD    COMPANY. 

Chapter  341  q/"  the  Special  Laws  q/"  1846  contains  an  additional  Act. 

Sect.  1  authorizes  this  Company  to  extend  their  road  to  Brunswick  and  thence  to 
tide  waters  in  Bath,  both  said  branches  to  be  completed  at  the  same  time. 

Sect.  2  divides  the  Capital  Stock  into  shares  of  ^100  each,  instead  of  $200  each,  as 
in  the  original  Act. 

Sect.  3  grants  the  same  power  to  construct  bridges  and  causeways  across  tide-waters, 
for  said  road,  and  with  the  same  powers  and  restrictions,  as  are  granted  to  the 
Bath  and  Portland  Eailroad  Company. 

Sect.  4  authorizes  them  to  complete  any  section  of  the  road,  commencing  at  Port- 
land, to  transport  p::sscngers  and  merchandise,  and  charge  proportionably  therefor. 

Sect.  5  makes  vahd  the  doings  of  the  first  meeting  and  its  several  adjourmnents, 
and  provides  for  the  election  of  officers,  after  ten  days'  public  notice. 

Chapter  100  of  the  Laics  of  1848  authorizes  the  Capital  Stock  to  be  increased  to  $400,000- 


Laws  of  1836,  Chap.  227. 
An  Act  to  incorporate  the  Kennebec  and  Portland  Eailroad  Company. 

Sect.  1.  Be  it  enacted,  ^"c.  That  Robert  Hallowell  Gardiner, 
O.  B.  Dorrance,  F.  Allen,  M.  Greenwood,  A.  Berry,  N.  F.  Deering, 
P.  Sheldon,  M.  P.  Sawyer,  Henry  Bowman,  Wm.  Stevens  2d,  J. 
P.  Boyd,  F.  Tinkham,  John  Henry,  E.  Swan,  John  Otis,  Reuel 
Williams,  A.  Redington,  E.  F.  Deane,  G.  Evans,  H.  B.  Hoskins, 
A.  J.  Stone,  R.  K.  Page,  S.  H.  Madge,  A.  Shaw,  S.  E.  Crocker,  E. 
McLellan,  Francis  Richards,  M.  Springer,  Wm.  Palmer,  Allen 
Lambard,  R.  H.  Gardiner,  Jr.,  E.  C.  Stevens,  James  L.  Child,  T. 
W.  Smith,  S.  Kingsbury,  A.  S.  Chadwick,  R.  Boyd,  M.  French, 
Nath'l.  Kimball,  Hiram  Stevens,  Alex.  Cooper,  Martin  Gore,  Ste- 
phen Young,  H.  Goddard,  D.  Scribner,  J.  Humphrey,  D.  Dun- 
lap,  David  Neal,  Josiah  Merrow,  their  associates,  successors,  and 
assigns  be  and  they  hereby  are  made  a  body  politic  and  corporate, 
by  the  name  of  the  Kennebec  and  Portland  Railroad  Company ; 
and  by  that  name  shall  have  and  enjoy  all  the  rights,  privileges, 
and  immunities  incident  to  corporations,  and  subject  to  the  liabili- 
ties and  duties  provided  for  by  an  "  Act  concerning  corporations," 
passed  February  sixteenth,  one  thousand  eight  hundred  and  thirty- 
six,  so  far  as  the  same  is  made  applicable  to  railroads  heretofore 
incorporated,  and  also  subject  to  the  duties  and  liabilities,  and  en- 
titled to  all  the  rights,  privileges,  and  immunities  provided  for  in 
the  "  Act  defining  the  rights  and  duties  of  railroad  corporations  " 
passed  March  first,  one  thousand  eight  hundred  and  thirty-six ; 


MAINE.  115 

and  also  shall  have  the  power  to  ordain  and  establish  such  by-laws 
as  shall  from  time  to  time  be  deemed  necessary  and  proper  for  the 
management  and  regulation  of  their  affairs,  not  repugnant  to  the 
laws  of  this  State  ;  and  said  company  are  hereby  authorized  and 
empowered  to  locate,  construct,  and  maintain  a  railroad  commen- 
cing at  a  point  in  the  city  of  Portland,  and  thence  passing  through 
the  towns  of  North  Yarmouth,  Freeport,  Brunswick  Village,  and 
Topsham,  to  Gardiner  Village,  and  thence  to  Augusta  Village,  on 
the  west  side  of  Kennebec  River. 

Sect.  2.  That  the  powers  of  said  company,  except  at  the  legal 
meetings  thereof,  shall  be  vested  in  a  board  of  not  less  than  nine 
directors,  who  shall  be  chosen  at  the  first  meeting  of  said  company, 
and  afterwards  annually  at  such  time  as  the  by-laws  of  the  com- 
pany shall  prescribe,  and  shall  hold  their  offices  for  one  year  and 
until  others  shall  be  chosen  in  their  stead ;  and  said  directors  shall 
annually  elect  from  their  own  body  a  president,  secretary,  treas- 
urer, and  such  other  officers  as  said  by-laws  shall  direct,  and  shall 
have  power  to  employ  and  invest  the  proceeds  of  the  railroad  as 
they  may  see  fit,  for  the  use  and  benefit  of  the  stockholders. 

Sect.  3.  That  this  grant  shall  be  void  unless  the  route  of  said 
railroad  shall  be  surveyed,  and  a  return  of  said  survey  be  made  to 
the  county  commissioners  of  the  counties  through  which  said  rail- 
road shall  pass  and  to  .the  governor  and  council,  on  or  before  the 
first  day  of  August,  one  thousand  eight  hundred  and  thirty-seven, 
and  the  stock  taken  up  within  two  years  thereafter,  and  at  least 
that  part  of  said  route  between  Portland  and  Brunswick  be  com- 
pleted and  in  operation  within  six  years  from  the  sai,d  first  day  of 
August,  one  thousand  eight  hundred  and  thirty-seven,  and  the 
whole  route  within  ten  years  therefrom. 

Sect.  4.  That  the  capital  stock  of  said  company  may  consist  of 
one  million  two  hundred  thousand  dollars,  and  shall  be  divided 
into  shares  of  two  hundred  dollars,  and  each  share  shall  be 
entitled  to  one  vote  by  the  person  holding  such  share  or  shares,  or 
by  authorizing  some  person  in  writing  to  vote  and  act  as  his  proxy ; 
but  no  member  shall  be  allowed  more  than  fifty  votes. 

Sect.  5.  That  said  company  may  from  time  to  time,  establish, 
demand,  and  collect  such  tolls  for  the  transportion  of  persons,  goods, 
wares,  merchandise,  or  commodity  whatever,  on  said  railroad  as 
they  may  see  fit;  Provided,  that  whenever  the  profits  arising  from 
tolls  or  otherwise  shall  exceed  twelve  per  centum  per  annum,  on 
the  actual  cost  of  said  railroad,  after  deducting  all  necessary  dis- 


116  KENNEBEC   AND   PORTLAND   RAILROAD   COMPANY. 

bursements  in  conducting  its  operations,  then  the  legislature  shall 
from  time  to  time,  have  the  right  so  to  reduce  such  tolls  as  may 
have  been  established,  not  below  the  rate  of  twelve  per  centum  per 
annum  as  aforesaid,  as  may  be  judged  expedient ;  And  to  carry 
this  provision  into  effect,  it  shall  be  the  duty  of  said  company 
within  one  year  after  said  railroad  shall  have  been  put  in  operation 
or  any  part  thereof,  to  make  return  to  the  governor  and  council  of 
the  actual  cost  of  said  railroad,  or  part  thereof,  and  annually  there- 
after of  all  disbursements  made  and  allowed  by  the  directors  and 
the  rates  of  toll  by  them  established,  the  amount  of  tolls  and  other 
profits  received,  and  the  rate  of  profits  or  per  centum  on  the  cost 
aforesaid,  actually  realized  within  the  year;  and  if  the  legislature 
shall  not  be  satisfied  with  such  return,  the  legislature  may  require 
an  examination  into  the  affairs  of  said  company  in  such  manner 
as  they  shall  direct ;  And  if  it  shall  appear  that  the  affairs  of  said 
company  have  not  been  economically  conducted,  and  that  the 
profits  arising  from  tolls  or  otherwise,  might  have  exceeded  the 
maximum  of  twelve  per  centum  per  annum,  or  that  any  wilful 
evasion  of  the  provisions  of  this  section  shall  have  been  practised 
by  said  company,  then  the  legislature  shall  have  the  right  to  make 
such  reasonable  reduction  of  the  charges  for  disbursements,  as 
aforesaid,  allowed  and  charged  by  said  directors  as  shall  be  judged 
economical,  and  from  such  basis  so  to  reduce  the  tolls  and  profits, 
not  however  below  the  rate  of  twelve  per  centum  per  annum,  as 
aforesaid,  as  shall  be  judged  expedient,  any  thing  in  this  Act  to  the 
contrary  notwithstanding.  Atid  provided  further,  That  the  legis- 
lature shall  not  so  reduce  said  tolls  and  profits  below  the  rates,  nor 
on  any  principle  more  unfavorable  to  said  company  than  the  mode 
adopted  in  the  charter  of  the  Maine,  New  Hampshire,  and  Massa- 
chusetts Railroad  Corporation,  and  making  the  same  reservation  in 
aid  of  primary  schools  in  this  charter  as  is  reserved  in  that. 

Sect.  6.  That  it  shall  be  the  duty  of  said  company  to  provide 
and  maintain  on  their  railroad  suitable  and  convenient  cars  for  the 
transportation  of  persons  and  freight  of  every  description  to  be 
transported  thereon ;  and  may  purchase,  take,  and  hold  such  land 
and  other  property,  may  establish  such  depots,  warehouses  and 
other  works  as  may  be  necessary  for  the  safe  keeping  and  accom- 
modation of  persons,  goods,  wares,  and  merchandise  transported, 
or  to  be  transported  thereon,  as  may  be  found  expedient  for  the 
construction  and  use  of  said  railroad  and  other  works,  and  shall 
have  a  lien  for  tolls  due  on  all  property  of  every  description  by 


MAINE.  117 

them  transported  from  place  to  place,  with  the  right  to  sell  so  much 
thereof  as  may  be  necessary  to  pay  the  same  with  incidental 
charges,  and  may  make  and  collect  such  assessments  on  the  shares 
of  said  capital  stock  as  may  be  deemed  expedient,  in  such  manner 
as  shall  be  prescribed  in  their  by-laws. 

Sect.  7.  That  it  shall  be  the  duty  of  said  company  to  receive, 
from  any  other  railroad  established  by  authority  of  this  State,  con- 
nected with,  or  approaching  near,  to  any  portion  of  the  road  estab- 
lished by  this  company,  at  any  suitable  and  convenient  point,  any 
person  or  freight,  and  transport  the  same  to  any  other  point  on  said 
railroad  where  persons  or  freight  may  be  safely  and  conveniently 
landed,  agreeably  to  the  wishes  of  such  person,  or  the  owner  of 
such  freight,  on  the  payment,  or  offer  of  payment  of  the  same  rate 
of  tolls  established  by  said  company,  for  the  same  portion  of  their 
said  railroad  traversed  by  such  person  or  freight ;  P?'ovided,  That 
said  railroad  company  connecting  with,  or  approaching  this  line  of 
railroad,  be  required  in  like  manner  to  transport  persons  and  freight 
on  their  railroad  arriving  from  this.  And  j)rovided  also,  that  from 
the  city  of  Portland  the  said  company  shall  have  authority  to  con- 
nect thence  with  any  other  railroad  established  by  law  leading  to 
Boston,  in  Massachusetts,  in  the  most  direct  and  feasible  manner ; 
and  so  as  best  to  accommodate  the  travelling  public,  the  consent  of 
the  proprietors  thereof  being  first  obtained,  such  connection  to  be 
made  in  such  manner  as  shall  be  designated  by  the  engineer  em- 
ployed by  said  company  to  survey  and  construct  their  said  railroad 
and  the  engineer  employed  to  survey  and  construct  such  other 
railroad. 

Sect.  8.  That  if  any  person  shall  wilfully  or  wantonly  obstruct 
the  passage  of  any  carriage  on  said  railroads,  or  in  any  way  injure 
or  destroy  said  railroad,  or  any  part  thereof,  or  any  thing  belong- 
ing thereto,  or  any  material  or  implement  to  be  employed  in  the 
construction,  or  for  the  use  of  said  railroad,  he,  she  or  they,  or  any 
person  or  persons  assisting,  aiding,  or  abetting  such  trespass,  or 
committing,  or  in  aiding  or  assisting  in  the  commission  of  any  other 
trespass  on  said,  railroad,  or  any  thing  connected  therewith,  shall 
forfeit  and  pay  to  the  use  of  said  company  treble  damages  by  them 
sustained,  to  be  sued  for  and  recovered  in  an  action  of  debt,  or  of 
the  case,  by  such  person  or  officers  as  the  directors  shall  from  time 
to  time  appoint,  before  any  court  of  competent  jurisdiction.  And 
such  offender  or  offenders  shall  be  liable  to  indictment  by  the  grand 
jury  of  the  county  within  which  such  trespass  shall  have  been 


118  KENNEBEC   AND   PORTLAND   RAILROAD    COMPANY. 

committed  for  any  offence  or  offences  done  in  violation  of  the  above 
provisions,  and  on  conviction  thereof  before  any  court  competent 
to  try  the  same,  shall  pay  a  fine  not  exceeding  one  hundred  dollars 
to  the  use  of  the  State,  or  be  imprisoned  for  a  term  not  exceeding 
one  year,  either  or  both  at  the  discretion  of  the  court  before  whom 
such  conviction  may  be  had. 

Sect.  9.  That  the  provisions  of  an  "  Act  concerning  Corpora- 
tions," passed  March  seventeenth,  one  thousand  eight  hundred  and 
thirty-one,  shall  not  extend  or  apply  to  the  company  hereby  incor- 
porated. 

Sect.  10.  That  the  first  meeting  of  the  company  may  be  called 
at  Brunswick,  by  the  three  persons  first  named  in  the  first  section 
of  this  Act,  by  publishing  the  notice  of  such  meeting  three  weeks 
successively,  in  one  or  more  of  the  newspapers  published  at  Au- 
gusta, Gardiner,  Brunswick,  and  Portland,  the  last  publication  to 
be  at  least  ten  days  before  the  time  appointed  for  such  meeting. 

Sect.  11.  That  it  shall  be  the  duty  of  said  company  to  transport 
the  United  States  mail  on  their  railroad  for  a  reasonable  compen- 
sation, if  required  so  to  do  by  the  postmaster-general ;  and  if  the 
postmaster-general  and  the  directors  of  said  company  cannot  agree 
on  the  compensation  to  be  allowed  by  the  post-office  department 
to  said  company  for  such  service,  then  the  legislature  may  require 
said  company  to  transport  said  mail  for  such  compensation,  not 
less  than  the  actual  expense  incurred  by  said  company  in  the 
transportation  thereof,  as  the  legislature  may  judge  reasonable  and 
proper,  Provided  the  postmaster-general  should  accede  thereto. 

Sect.  12.  That  the  portion  of  this  railroad  route  from  Gardiner 
village  to  Augusta  village,  through  Hallowell,  shall  be  made  and 
completed  within  one  year  from  the  time  that  the  railroad  and 
works  thereon,  from  the  village  of  Gardiner  to  the  city  of  Port- 
land, shall  have  been  completed  and  put  in  operation ;  the  route 
and  termini  to  be  designated  by  some  skilful  and  experienced 
engineer  to  be  employed  by  said  company  to  make  their  survey, 
in  the  most  practicable  manner,  having  due  regard  to  the  accom- 
modation of  the  public  and  the  interests  of  said  company;  Pro- 
vided^ That  if  such  extension  in  the  manner  and  time  aforesaid,  in 
the  opinion  of  said  engineer,  shall  require  an  extension  of  their 
capital  stock,  then  a  further  time  of  one  year  shall  be  allowed  to 
said  company  so  to  complete  said  route.  But  no  construction 
shall  be  given  to  the  provisions  of  this  Act  which  shall  tend  to 
exonerate,  or  prevent  said  company  from  the  duty  or  right  of  con- 


MAINE.  119 

necting  the  village  of  Augusta,  through  Hallowell  as  aforesaid,  in 
the  most  commodious  manner,  with  the  railroad  from  Gardiner 
village  to  the  city  of  Portland  ;  And  provided  further^  that  if  any- 
other  railroad  shall  be  granted  by  the  legislature  and  its  construc- 
tion commenced,  before  the  time  allowed  to  the  corporation  by  this 
Act  to  complete  the  same  either  between  Portland  and  Augusta,  or 
Gardiner  and  Augusta,  so  as  to  divert  travel  from  this  road,  then 
this  corporation  shall  not  be  required  to  complete  the  section 
between  Gardiner  and  Augusta.    Approved^  April  1,  1836. 

Laws  of  1841,  Chap.  152. 

An  Act  to  extend  the  time  to  locate  and  construct  the  Kennebec  and  Portland 

Railroad. 

Be  it  enacted,  ^c.  That  the  time  specified  in  the  third  section  of 
the  Act,  granting  the  charter  to  the  Kennebec  and  Portland  Rail- 
road Company,  for  the  survey  to  be  made  and  a  return  of  the  same, 
be  and  the  same  is  hereby  extended  to  five  years,  and  the  time 
for  the  stock  to  be  taken  up  to  six  years,  and  the  time  for 
the  completion  of  the  whole  road  to  ten  years,  from  the  day  this 
Act  shall  be  approved  by  the  governor ;  and  all  parts  of  the  Act  to 
which  this  refers,  inconsistent  with  the  provisions  of  this  Act,  be 
and  the  same  are  hereby  repealed.     Approved,  April  9,  1841. 

Laws  of  1845,  Chap.  273. 

An  Act  in  addition  to  the  Act  incorporating  the  Kennebec  and  Portland  Railroad 

Company. 

Sect.  1.  Beit  enacted,  ^'c.  That  the  time  now  allowed  by  law, 
to  the  Kennebec  and  Portland  Railroad  Company  to  complete  the 
survey  and  make  return  of  the  same,  is  hereby  extended  five  years, 
and  the  time  for  the  stock  to  be  taken  up  to  six  years,  and  the  time 
for  the  completion  of  the  whole  road  to  ten  years,  from  the  day 
this  Act  shall  be  approved  by  the  governor. 

Sect.  2.  If  said  railroad  shall,  in  the  course  thereof,  cross  any 
tide  waters,  navigable  rivers  or  streams,  the  said  corporation  are 
hereby  authorized  and  empowered  to  erect  for  the  sole  and  exclu- 
sive travel  on  their  said  railroad,  a  bridge  or  causeway,  across  each 
of  said  rivers  or  streams,  or  across  any  such  tide  waters;  provided, 


120  KENNEBEC   AND   PORTLAND   RAILROAD   COMPANY. 

said  bridge  or  bridges,  or  causeways  shall  be  so  constructed  as  not 
to  obstruct  or  impede  the  navigation  of  said  waters. 

Sect.  3.  All  real  estate,  purchased  by  said  corporation,  for  the 
use  of  the  same  under  the  sixth  section  of  the  Act  to  which  this  is 
an  addition,  shall  be  taxable  to  said  corporation  by  the  several 
towns,  cities,  and  plantations  in  which  said  lands  may  lie,  in  the 
same  manner  as  lands  owned  by  private  persons,  and  shall  in  the 
valuation  list  be  estimated  the  same  as  other  real  estate  of  the  same 
quality,  in  such  town,  city,  or  plantation,  and  not  otherwise ;  and 
the  shares  owned  by  the  respective  stockholders  shall  be  deemed 
personal  estate,  and  be  taxable  as  such  to  the  owners  thereof,  in 
the  places  where  they  reside  and  have  their  home.  And  whenever 
the  net  income  of  said  corporation  shall  have  amounted  to  ten  per 
centum  per  annum  upon  the  cost  of  the  road,  and  its  appendages  and 
incidental  expenses,  the  directors  shall  make  a  special  report  of  the 
fact  to  the  legislature;  from  and  after  which  time,  one  moiety,  or 
such  other  portion  as  the  legislature  may  from  time  to  time  deter- 
mine, of  the  net  income  from  said  railroad,  accruing  thereafter, 
over  and  above  ten  per  centum  per  annum  first  to  be  paid  to  the 
stockholders,  shall  annually  be  paid  over  by  the  treasurer  of  said 
corporation  as  a  tax  into  the  treasury  of  the  State,  for  the  use  of 
the  State.  And  the  State  may  have  and  maintain  an  action  against 
said  corporation  to  recover  the  same.  But  no  other  tax,  than  here- 
in is  provided,  shall  ever  be  levied  or  assessed  on  said  corporation, 
or  any  of  their  privileges  or  franchises. 

Sect.  4.  Said  corporation  shall  have  power  to  connect  their  road 
with  any  other  railroad,  at  such  point  as  may  be  most  convenient 
on  the  route  established  by  the  Act  to  which  this  Act  is  in  addition. 

Sect.  5.  The  first  meeting  of  this  company  shall  be  held  in  the 
town  of  Gardiner  ;  and  any  three  of  the  persons  named  in  the  Act 
of  incorporation  are  hereby  authorized  to  call  the  first  meeting  of 
said  corporation,  by  giving  notice  in  one  or  more  newspapers 
published  in  the  town  of  Augusta  and  the  city  of  Portland,  of  the 
time  and  place  and  the  purposes  of  such  meeting,  at  least  twenty 
days  before  the  time  mentioned  in  such  notice. 

Sect.  6.  All  Acts  and  parts,  relating  to  the  Kennebec  and  Port- 
land Railroad  Company,  inconsistent  with  the  provisions  of  this 
Act,  are  hereby  repealed.     Approved,  MarcJt  31,  1845. 


MAINE.  121 


Laws  of  1846,  Chap.  341. 


An  Act  in  addition  to  the  Act  incorporating  th.e  Kennebec  and  Portland  Railroad 

Company, 

Sect.  1.  Be  it  enacted^  Sj'c.  The  Kennebec  and  Portland  Rail- 
road Company  is  authorized  and  empowered  to  locate  their  road 
through  and  east  of  the  village  of  Brunswick,  and  to  extend  the 
same  to  tide  waters  in  the  village  of  Bath  by  a  branch  of  their 
road  or  otherwise,  and  that  part  of  the  road  or  branch  between 
Brunswick  and  Bath  shall  be  completed  simultaneously  with  the 
part  of  the  road  between  Portland  and  Brunswick. 

Sect.  2.  The  capital  stock  of  said  company  shall  be  divided 
into  shares  of  one  hundred  dollars  each,  instead  of  two  hundred 
dollars  as  is  provided  in  the  Act  to  which  this  is  in  addition. 

Sect.  3.  The  said  company  shall  have  the  same  power  to  con- 
struct bridges  and  causeways  across  tide  waters  in  the  route  of 
said  road  and  branch,  and  with  the  same  conditions  and  restric- 
tions as  are  granted  to  the  Bath  and  Portland  Railroad  Company 
by  the  fifteenth  section  of  the  Act  incorporating  said  company. 

Sect.  4.  The  said  company  shall  have  power  to  complete  any 
section  of  their  road,  commencing  at  Portland  and  proceeding  east, 
and  to  take  passengers  and  freight  before  the  whole  of  the  road  is 
built,  and  charge  therefor  in  the  proportion  that  the  distance  run 
bears  to  the  whole  length  of  the  road  as  provided  for  in  the  bill  to 
which  this  bill  is  in  addition. 

Sect.  5.  The  doings  of  said  corporation  at  their  first  meeting, 
called  under  the  Act  establishing  the  same,  and  at  the  several  ad- 
journments thereof,  and  in  calling  said  first  meeting,  are  hereby 
made  valid  in  law ;  and  said  corporation  may  at  any  subsequent 
adjournment  elect  in  the  manner  prescribed  by  law,  all  the  officers 
provided  for  by  said  Act,  first  giving  ten  days'  notice  of  an  inten- 
tion so  to  do  in  some  newspaper  printed  in  each  of  the  cities  of 
Boston  and  Portland,  and  in  each  of  the  towns  of  Bath,  Gardiner, 
Hallowell  and  Augusta.     Approved^  July  16,  1846. 

Laws  op  1848,  Chap.  100. 

An  Act  to  authorize  the  Kennebec  and  Portland  Railroad  Company  to  increase  its 

capital. 

Be  it  enacted  ^-c.  That  the  Kennebec  and  Portland  Railroad 
Company  is  hereby  authorized  to  increase  its  capital  stock  by  ad- 

11 


122   PORTLAND,  SACO,  AND  PORTSMOUTH  RAILROAD  COMPANY. 

ding  thereto  the  sum  of  four  hundred  thousand  dollars,  to  be  divi- 
ded into  shares  of  one  hundred  dollars  each.     Approved,  June  7, 

1848. 


PORTLAND,  SACO,  AND  PORTSMOUTH  RAILROAD  COMPANY. 

INCORPORATED    IN    MAINE    IN    1837. 

Chapter  266  of  the  Special  Laws  of  1837  contains  the  Charter. 

Sect.  1  grants  corporate  powers,  subject  to  the  provisions  of  "  An  Act  concerning 
Corporations  "  passed  February  16,  1836,  and  an  Act  defining  certain  rights  and 
duties  of  Railroad  Corporations  passed  March  1,  1836  ;  it  describes  the  location 
and  authorizes  them  to  take  and  hold  real  estate  for  the  purposes  of  the  road,  not 
exceeding  four  rods  in  width,  except  when  necessary  for  excavations  or  embank- 
ments, and  to  fell  or  remove  trees  within  four  rods  of  the  road,  and  liable  to 
obstruct  it ;  paying  therefor  damages,  if  not  agreed  upon,  to  be  determined  by 
the  County  Commissioners ;  and  application  to  the  Commissioners  therefor,  must 
be  made  within  three  years  from  the  time  of  taking  the  property. 

Sect.  2  provides  that  the  capital  stock  shall  consist  of  not  less  than  five  thoiisand 
nor  more  than  twelve  thousand  shares,  vests  the  government  in  seven,  nine,  or 
thirteen  Directors,  and  provides  for  the  choice  of  officers  ;  it  directs  that  books  for 
subscription  to  the  capital  stock  shall  be  opened  for  ten  days,  after  twenty  days' 
previous  public  notice,  and  establishes  the  mode  of  organization. 

Sect.  3  defines  the  powers  and  duties  of  the  officers,  authorizing  them  to  make 
equal  assessments  on  shares  and  to  sell  them  for  non-pajTuent  of  assessments,  after 
notice. 

Sect.  4  empowers  them  to  make  by-laws  not  repugnant  to  the  laws  of  the  State. 

Sect.  5  grants  a  toll,  to  be  regulated  by  the  Directors :  provided,  if  at  the  end  of 
twelve  years  from  the  completion  of  the  road,  the  net  profits  shall  exceed  12  per 
cent,  per  annum  on  its  cost,  the  Legislature  may  reduce  the  rates  of  toll  to  that 
sum,  or  may  appropriate  such  surplus  to  the  public  schools  of  the  State. 

Sect.  6  provides  that  the  Legislature  may  authorize  other  railroads  to  connect  with 
this  road,  their  goods  and  passengers  to  be  transported  on  this  road  at  the  rates 
of  toU  prescribed  for  this  road. 

Sect.  7  authorizes  the  Directors  to  erect  toll- houses  and  collect  toUs. 

Sect.  8  provides  that  the  guardian  of  an  infant  or  person  no7i  compos  mentis,  a  feme 
covert,  whose  husband  is  under  guardianship,  and  his  guardian  may  release  land 
damages. 

Sect.  9  enacts  that  any  person  wilfully  placing  obstructions  on  the  road,  or  injuring 
or  destroying  the  Company's  property,  or  any  materials  or  implements  used  in 
the  construction  of  the  road,  shall  forfeit  to  the  Company  treble  the  amount  of 
damages,  to  be  recovered  in  an  action,  and  shall  be  liable  to  indictment,  and  fine  or 
imprisonment. 

Sect.  10  appoints  the  time  of  the  annual  meeting,  when  Directors  shall  be  chosen, 
and  authorizes  them  to  call  special  meetings,  if  necessary. 

Sect.  1 1  directs  the  mode  of  crossing  any  private  way,  highway,  canal,  or  turnpike, 


MAINE.  123 

empowering  them  to  raise  or  lower  such  private  way,  highway,  or  turnpike,  and 
requu-ing  that  they  shall  erect  gates  over  such  crossings  for  the  safety  of  travellers. 

Sect.  12  provides  that,  if  the  Corporation  shall  not  have  been  organized,  and  the 
location  filed  on  or  before  December  31,  1840,  or  the  road  completed  on  or  before 
December  31,  1846,  this  Act  shall  be  void. 

Sect.  13  requires  that  they  shall  maintain  bridges  on  all  crossings. 

Sect.  14  authorizes  them  to  erect  bridges  on  navigable  waters,  so  as  not  to  obstruct 
navigation. 

Sect.  15  provides  that  their  books  shall  be  open  to  the  inspection  of  the  Governor 
and  Council,  and  of  any  Committee  of  the  Legislature,  and  at  the  end  of  each 
year,  the  Treasiirer  shall  exhibit  to  the  Legislature  the  net  profits  of  the  road. 

Sect.  16  provides  that  "  An  Act  concerning  Corporations  "  passed  March  17,  1831, 
shall  not  apply  to  this  Corporation. 

Sect.  17  enacts  that  they  shall,  when  required,  transport  the  TJ.  S.  Mail  for  a  com- 
pensation, if  not  agreed  upon,  to  be  determined  by  the  Legislature  ;  and  that  after 
commencing  to  receive  tolls,  they  shall  keep  said  road  in  good  repair,  provide 
suitable  vehicles,  and  transport  all  persons  and  articles,  having  a  lien  on  the  latter 
for  freight. 

Chapter  14:  of  the  fecial  Laws  q/"  1840  contains  an  additional  Act, 

Providing  that  four  years  be  allowed,  to  do  certain  acts  named  in  section  thirteen  of 
the  original  Act,  beyond  the  time  fi^ed  therein. 

Chapter  93  of  the  fecial  Laios  of  1841  contains  an  additional  Act, 

Empowering  them  to  continue  their  road  to  the  line  of  New  Hampshire,  so  as  best 
to  connect  ^ith  a  railroad  constructed  or  to  be  constructed  from  Portsmouth  to 
Boston,  and  amending  section  one  of  the  original  Act  accordingly,  provided  said 
road  shall  pass  south  of  South  Berwick  Village  and  Chadbourne's  Hill,  in  South 
Berwick. 

Chapter  139  o/"  the  Special  Laws  of  1848  contains  an  additional  Act. 

Sect.  1  authorizes  the  Company  to  increase  their  stock  $300,000. 

Sect.  2  provides  that  they  may  take  $100,000  of  stock  in  any  railroad  in  this  State. 


Laws  of  1837,  Chap.  266. 
An  Act  to  establish  the  Portland,  Saco  and  Portsmouth  Railroad  Company. 

Sect.  1.  Be  it  enacted,  Sfc.  That  Ether  Shepley,  Samuel  Bat- 
chelder,  Josiah  Calef,  James  B.  Thornton,  Joseph  M.  Hayes,  Jona- 
than Kuig,  John  Fairfield,  Jonathan  Tucker,  Samuel  Moody,  John 
Spring,  Seth  S.  Fairfield,  John  Chadwick,  Edward  S.  Moulton, 
Henry  S.  Thatcher,  Samuel  Pierson,  Rufus  Nichols,  Amos  Chase, 
Isaac  Emery,  Samuel   White,  Ezra  Dean,   William  P.   Hooper, 


124   PORTLAND,  SACO,  AND  PORTSMOUTH  RAILROAD  COMPANY. 

Thomas  Ciitts,  Samuel  Merrill,  Jeremiah  C.  Stinson,  Moses  Brad- 
bury, Samuel  Hartley,  John  Condon,  Jr.,  Jonathan  Tucker,  Jr., 
Frederick   Green,    George    Scammon,    Cotton   Bradbury,    Daniel 
Cleaves,  William  Lord,  Thomas  Lord,  Luther  Jewett,  Timothy 
Frost,  Ivory  Lord,  Barnabas  Palmer,  John  Osborn,  James  Osborn, 
Jr.,  Charles  Williams,  Palmer  Walker,  Enoch  Hardy,  Alexander 
Mclntire,  Charles  O.  Emerson,  Solomon  Brooks,  their  associates, 
successors,  and  assigns,  be  and  they  are  hereby  made  a  body  poli- 
tic and  corporate  by  the  name  of  the  Portland,  Saco,  and  Ports- 
mouth Railroad  Company,  and  by  that  name  shall  have  all  the 
powers,  privileges,  and  immunities  and  be  subject  to  all  the  duties 
and  liabilities,  provided  and  prescribed  in  an  Act  passed  on  the 
sixteenth  of  February,  eighteen  hundred  and  thirty-six,  entitled 
"An  Act  concerning  Corporations  "  and  an  Act  defining  certain 
rights  and  duties  of  railroad  corporations,  passed  the  first  of  March, 
eighteen  hundred  and  thirty-six,  and  shall  be  and  hereby  are 
invested  with  all  the  powers,  privileges,  and  immunities,  which 
are  or  may  be  necessary  to  carry  into  effect  the  purposes  and 
objects  of  this  Act  as  hereinafter  set  forth.     And  the  said  corpora- 
tion are  hereby  authorized  and  empowered  to  locate,  construct,  and 
finally  complete,   alter    and  keep  in  repair  a  railroad   with  one 
or  more  set  of  rails,  or  tracks,  with  all  suitable  bridges,  viaducts, 
turnouts,   culverts,  drains,  and  all  other  necessary  appendages, 
from  some  point  or  place  in  or  near  the  city  of  Portland,  through 
the  towns  of  Scarborough,  Saco,  Kennebunk,  Wells,  York,  Kittery, 
and  the  intermediate  towns  to  the  New  Hampshire  line,  at  such 
place  as  will  best  connect  with  the  railroad  to  be  constructed  from 
Portsmouth  to  Boston.     And  for  this  purpose  said  corporation  shall 
have  the  right  to  take  and  hold  so  much  of  the  land,  and  other 
real  estate  of  private  persons,  as  may  be  necessary  for  the  location, 
construction,  and  convenient  operation  of  their  railroad;  and  they 
shall  also  have  the  right  to  take,  remove  and  use  for  the  construc- 
tion and  repair  of  said  railroad  and  appurtenances,  any  earth, 
gravel,  stone,  timber,  or  other  materials,  on  or  from  the  land  so 
taken.     Provided  however^  that  said  land  so  taken,  shall  not  ex- 
ceed four  rods  in  width,  except  where  greater  width  is  necessary 
for  the  purpose  of  excavation  or  embankment :  And  'provided  also, 
that  in  all  cases,  said  corporation  shall  pay  for  such  lands,  estate, 
or  materials  so  taken  and  used,  such  price  as  they  and  the  owner, 
or  respective  owners  thereof  may  mutually  agree  on;  and  in  case 
said  parties  shall  not  otherwise  agree,  then  said  corporation  shall 


MAINE.  125 

pay  such  damages  as  shall  be  ascertained  and  determined  by  the 
county  commissioners  for  the  county  where  such  land  or  other  pro- 
perty may  be  situated,  in  the  same  manner  and  under  the  same 
conditions  and  limitations,  as  are  by  law  provided  in  the  case  of 
damages  by  laying  out  of  highways.  And  the  land  so  taken  by 
said  corporation  shall  be  held  as  lands  taken  and  held  for  public 
highways.  And  no  application  to  said  commissioners  to  estimate 
said  damages  shall  be  sustained,  unless  made  within  three  years 
from  the  time  of  taking  such  land  or  other  property ;  or  when  it 
has  already  been  taken,  within  one  year  from  the  time  of  passing 
this  Act ;  and  in  case  such  railroad  shall  pass  through  any  wood- 
lands or  forests,  the  said  company  shall  have  the  right  to  fell  or 
remove  any  trees  standing  therein,  within  four  rods  from  such 
road,  which  by  their  liability  to  be  blown  down  or  from  their 
natural  falling  might  obstruct  or  impair  said  railroad,  by  paying  a 
just  compensation  therefor,  to  be  recovered  in  the  same  manner 
as  is  provided  for  the  recovery  of  other  damages  in  this  Act. 

Sect.  2.  That  the  capital  stock  of  said  corporation  shall  consist 
of  not  less  than  five  thousand,  nor  more  than  twelve  thousand 
shares;  and  the  immediate  government  and  direction  of  the  affairs 
of  said  corporation  shall  be  vested  in  seven,  nine,  or  thirteen  direct- 
ors, who  shall  be  chosen  by  the  members  of  said  corporation,  in 
the  manner  hereinafter  provided,  and  shall  hold  their  offices  until 
others  shall  have  been  duly  elected  and  qualified  to  take  their 
places,  a  majority  of  whom  shall  form  a  quorum  for  the  transac- 
tion of  business ;  and  they  shall  elect  one  of  their  number  to  be 
the  president  of  the  board,  who  shall  also  be  the  president  of  the 
corporation  ;  and  shall  have  authority  to  choose  a  clerk  who  shall 
be  sworn  to  the  faithful  discharge  of  his  duty,  and  a  treasurer, 
who  shall  give  bonds  to  the  corporation,  with  sureties  to  the  satis- 
faction of  the  directors,  in  a  sum  not  less  than  thirty  thousand 
dollars  for  the  faithful  discharge  of  his  trust.  And  for  the  purpose 
of  receiving  subscriptions  to  the  said  stock,  books  shall  be  opened 
under  the  direction  of  the  persons  named  in  the  first  section  of  this 
Act,  at  such  time  and  in  such  places  in  the  shire- towns  in  the 
several  counties  of  York,  and  Cumberland,  in  this  State,  and  in 
the  town  of  Portsmouth  in  New  Hampshire,  and  Newburyport  and 
the  city  of  Boston  in  Massachusetts,  and  elsewhere  as  they  shall 
appoint  to  remain  open  for  ten  successive  days,  of  which  time  and 
place  of  subscription  public  notice  shall  be  given  in  some  newspa- 
per printed  in  Portland,  Saco,  Portsmouth,  and  Boston,  twenty 

11* 


126   PORTLAND,  SAGO,  AND  PORTSMOUTH  RAILROAD  COMPANY. 


'J  "-^^^j 


days  at  least  previous  to  the  opening  such  subscription,  and  in  case 
the  amount  subscribed  shall  exceed  twelve  thousand  shares,  the 
same  shall  be  distributed  among  all  the  subscribers,  according  to 
such  regulations,  as  the  persons  having  charge  of  the  opening  of 
the  subscription  books  shall  prescribe  before  the  opening  of  said 
books.  And  any  seven  of  the  persons  named  in  the  first  section  of 
this  Act,  are  hereby  authorized  to  call  the  first  meeting  of  said 
corporation  by  giving  notice  in  one  or  more  newspapers  published 
in  the  towns  and  cities  above  named,  of  the  time  and  place,  and 
the  purpose  of  such  meeting,  at  least  twenty  days  before  the  time 
mentioned  in  such  notice. 

Sect.  3.  That  the  president  and  directors  for  the  time  being,  are 
hereby  authorized  and  empowered  by  themselves  or  their  agents, 
to  exercise  all  the  powers  herein  granted  to  the  corporation,  for  the 
purpose  of  locating,   constructing,  and   completing,  said  railroad, 
and  for  the  transportation  of  persons,  goods,  and  property  of  all 
descriptions,  and  all  such  power  and  authority  for  the  management 
of  the  affairs  of  the  corporation,  as  may  be  necessary  and  proper 
to  carry  into  effect  the  objects  of  this  grant;  to  purchase  and  hold 
land,  materials,  engines,  and  cars,  and  other  necessary  things,  in 
the  name  of  the  corporation  for  the  use  of  said  road,  and  for  the 
transportation  of  persons,  goods,  and  property,  of  all  descriptions ; 
to  make  such  equal  assessments  from  time  to  time,  on  all  the 
shares  in  said  corporation,  as  they  may  deem  expedient  and  neces- 
sary, in  the  execution  and  the  progress  of  the  work,  and  direct  the 
same  to  be  paid  to  the  treasurer  of  the  corporation.     And  the  trea. 
surer  shall  give  notice  of  all  such  assessments ;  and  in  case  any 
subscriber  or  stockholder  shall  neglect  to  pay  any  assessment  on 
his  share  or  shares  for  the  space  of  thirty  days  after  such  notice  is 
given  as  shall  be  prescribed  by  the  by-laws  of  said  corporation,  the 
directors  may  order  the  treasurer  to  sell  such  share  or  shares,  at 
public  auction,  after  giving  such  notice  as  may  be  prescribed  as 
aforesaid,  to  the  highest  bidder,  and  the  same  shall  be  transferred 
to  the  purchaser,  and  such  delinquent  subscriber  or  stockholder 
shall  be  held  accountable  to  the  corporation  for  the  balance,  if  his 
share  or  shares  shall  sell  for  less  than  the  assessments  due  thereon, 
with  the  interest,  and  costs  of  sale ;  and  shall  be  entitled  to  the 
overplus,  if  his  share  or  shares  shall  sell  for  more  than  the  assess- 
ments due,  with  interest  and  costs  of  sale  :  Provided  hotvever, 
That  no  assessments  shall  be  laid  upon  any  shares  in  said  cor- 
poration of  a  greater  amount  in  the  whole  than  one  hundred  dollars. 


MAINE.  127 

Sect.  4.  That  said  corporation  shall  have  power  to  make,  ordain, 
and  establish,  all  necessary  by-laws  and  regulations,  consistent 
with  the  constitution  and  the  laws  of  this  State,  for  their  own  gov- 
ernment, and  for  the  due  and  orderly  conducting  of  their  affairs, 
and  the  management  of  their  property. 

Sect.  5.  That  a  toll  be,  and  hereby  is  granted  and  established, 
for  the  sole  benefit  of  said  corporation,  upon  all  passengers,  and 
property  of  all  descriptions,  which  may  be  conveyed  or  transported 
upon  said  road ;  at  such  ^rate  per  mile,  as  may  be  agreed  upon 
and  established  from  time  to  time  by  the  directors  of  said  corpora- 
tion. The  transportation  of  persons  and  property  —  the  construc- 
tion of  wheels,  the  forms  of  cars  and  carriages,  the  weights  of 
loads,  and  all  other  matters  and  things  in  relation  to  the  use  of 
said  road  shall  be  in  conformity  with  such  rules,  regulations,  and 
provisions  as  the  directors  shall  from  time  to  time  prescribe  and 
direct :  Provided  however,  That  if  at  the  expiration  of  twelve  years 
from  and  after  the  completion  of  said  road,  the  net  income  or 
receipts  from  tolls  and  other  profits,  taking  the  twelve  years  afore- 
said as  the  basis  of  calculation,  shall  have  amounted  to  more  than 
twelve  per  cent,  per  annum,  upon  the  cost  of  the  road,  and  inci- 
dental expenses,  the  legislature  may  alter  and  reduce  the  rate  of 
tolls,  and  other  profits,  so  that  the  net  income  shall  not  exceed 
twelve  per  cent,  for  the  next  twelve  years,  calculating  the  amount 
of  transportation  on  the  road  to  be  the  same,  as  in  the  twelve  pre- 
ceding years,  and  at  the  expiration  of  every  twelve  years  there- 
after, the  same  proceedings  may  be  had.  And  further  j^rovided, 
That  the  legislature  shall  not  at  any  time,  so  reduce  the  tolls  and 
other  profits,  as  to  produce  less  than  twelve  per  centum  upon  the 
cost  of  said  railroad,  taking  the  basis  of  calculation  as  aforesaid, 
without  the  consent  of  said  corporation.  Attd  provided  further, 
That  the  legislature  may  instead  of  reducing  said  tolls  and  profits 
to  twelve  per  cent.,  appropriate  the  surplus  to  the  public  schools  of 
the  State. 

Sect.  6.  That  the  legislature  may  authorize  any  other  company 
or  companies  to  connect  any  other  railroad  or  railroads  with  the 
railroad  of  said  corporation,  at  any  points  of  intersection  on  the 
route  of  said  railroad.  And  said  corporation  shall  receive  and 
transport  all  persons,  goods,  and  property,  of  all  descriptions, 
which  may  be  carried  and  transported,  to  the  railroad  of  said  cor- 
poration, on  such  other  railroads  as  may  be  hereafter  authorized  to 
be  connected  therewith  at  the  same  rates  of  toll  and  freight,  as 


128   PORTLAND,  SACO,  AND  PORTSMOUTH  RAILROAD  COMPANY. 

may  be  prescribed  by  said  corporation,  so  that  the  rates  of  freight 
and  toll  on  such  passengers,  goods,  and  other  property  as  may  be 
received  from  such  other  railroads,  so  connected  with  said  railroad 
as  aforesaid,  shall  not  exceed  the  general  rates  of  freight  and  toll 
on  said  railroad  received  for  freight  aad  passengers,  &c.j  at  any  of 
the  deposites  of  said  corporation. 

Sect.  7.  That  the  directors  of  said  corporation  for  the  time 
being  are  hereby  authorized  to  erect  toll-houses,  establish  gates, 
appoint  toll-gatherers,  and  demand  toll  on  the  road,  when  com- 
pleted, and  upon  such  parts  thereof  as  shall  from  time  to  time  be 
completed. 

Sect.  8.  That  when  said  corporation  shall  take  any  land,  or 
other  estate,  as  aforesaid,  of  any  infant,  person  non  compos  meniis, 
or  feme  covert,  whose  husband  is  under  guardianship,  the  guar- 
dian of  such  infant,  or  person  non  compos  mentis,  and  such  feme 
covert,  with  the  guardian  of  her  husband  shall  have  full  power 
and  authority  to  agree  and  settle  with  said  corporation,  for  dama- 
ges, or  claims  for  damages,  by  reason  of  taking  such  land  and 
estate  aforesaid,  and  give  good  and  valid  releases  and  discharges 
therefor. 

I 

Sect.  9.  That  if  any  person  shall  wilfully  and  maliciously,  or 
wantonly  and  contrary  to  law  obstruct  the  passage  of  any  carriage 
on  said  railroad,  or  in  any  way  spoil,  injure  or  destroy  said  rail- 
road, or  any  part  thereof,  or  any  thing  belonging  thereto,  or  any 
material  or  implements  to  be  employed  in  the  construction  or  for 
the  use  of  said  road,  he,  she,  or  they,  or  any  person  or  persons, 
assisting,  aiding,  or  abetting  such  trespass,  shall  forfeit  and  pay  to 
said  corporation  for  every  such  offence,  treble  such  damages  as 
shall  be  proved  before  the  justice,  court,  or  jury,  before  whom  the 
trial  shall  be  had,  to  be  sued  for  before  any  justice,  or  in  any  court 
proper  to  try  the  same,  by  the  treasurer  of  the  corporation,  or  other 
officer,  whom  they  may  direct,  to  the  use  of  said  corporation. 
And  such  offender  or  offenders  shall  be  liable  to  indictment,  by  the 
grand  jury  of  the  county,  within  which  trespass  shall  have  been 
committed,  for  any  offence  or  offences,  contrary  to  the  above  pro- 
visions, and  upon  conviction  thereof,  before  any  court  competent 
to  try  the  same,  shall  pay  a  fine  not  exceeding  one  hundred  dol- 
lars, to  the  use  of  the  State,  or  may  be  imprisoned  for  a  term  not 
exceeding  one  year,  at  the  discretion  of  the  court  before  whom 
such  conviction  may  be  had. 

Sect.  10.  That  the  annual  meeting  of  the  members  of  said  cor- 


MAINE.  129 

poration  shall  be  holden,  on  the  first  Monday  hi  June,  at  such  time 
and  place  as  the  directors  for  the  time  being  shall  appoint,  at  which 
meeting,  the  directors  shall  be  chosen  by  ballot,  each  proprietor 
being  entitled  to  as  many  votes  as  he  holds  shares,  and  the  direc- 
tors are  hereby  authorized  to  call  special  meetings  of  the  stock- 
holders, whenever  they  shall  deem  it  expedient  and  proper,  giving 
such  notice  as  the  corporation  by  their  by-laws  shall  direct. 

Sect.  11.  That  if  the  said  railroad,  in  the  course  thereof,  shall 
cross  any  private  way,  the  said  corporation  shall  so  construct  said 
railroad  as  not  to  obstruct  the  safe  and  convenient  use  of  such  pri- 
vate way ;  and  if  the  said  railroad  shall,  in  the  course  thereof, 
cross  any  canal,  turnpike,  railroad,  or  other  highway,  the  said  rail- 
road shall  be  so  constructed  as  not  to  obstruct  the  safe  and  con- 
venient use  of  such  canal,  turnpike,  or  other  highway ;  and  the 
said  corporation  shall  have  power  to  raise  or  lower  such  turnpike, 
highway,  or  private  way,  so  that  the  said  railroad,  if  necessary, 
may  conveniently  pass  under  or  over  the  same,  and  erect  such  gate 
or  gates  thereon,  as  may  be  necessary  for  the  safety  of  travellers 
on  said  turnpike,  railroad,  highway,  or  private  way. 

Sect.  12.  That  if  the  said  corporation  shall  not  have  been  orga- 
nized, and  the  location  according  to  actual  survey  of  the  route 
filed  with  the  county  commissioners  of  the  counties  through  which 
the  sam.e  shall  pass,  on  or  before  the  thirty-first  day  of  December, 
in  the  year  of  our  Lord,  one  thousand  eight  hundred  and  forty,  or 
if  the  said  corporation  shall  fail  to  complete  said  railroad  on  or 
before  the  thirty-first  day  of  December,  in  the  year  of  our  Lord, 
one  thousand  eight  hundred  and  forty-six,  in  either  of  the  above 
mentioned  cases,  this  Act  shall  be  null  and  void. 

Sect.  13.  That  said  railroad  corporation  shall  constantly  main- 
tain in  good  repair  all  bridges  with  their  abutments,  and  embank- 
ments, which  they  may  construct  for  the  purpose  of  conducting 
their  railroad  over  any  canal,  turnpike,  highway,  or  private  way, 
or  for  conducting  such  private  way  or  turnpike  over  said  railroad. 

Sect.  14.  That  if  said  railroad  shall  in  the  course  thereof,  cross 
any  tide  waters,  navigable  rivers,  or  streams,  the  said  corporation 
be  and  they  hereby  are  authorized  and  empowered  to  erect  for  the 
sole  and  exclusive  travel  on  their  said  railroad,  a  bridge  across 
each  of  said  rivers  or  streams,  or  across  any  such  tide  waters  : 
Pi-ovided,  said  bridge  or  bridges  shall  be  so  constructed  as  not  to 
obstruct  or  impede  the  navigation  of  said  waters. 

Sect.  15.  That  the  books  of  said  corporation  shall  at  all  times 


130   PORTLAND,  SACO,  AND  PORTSMOUTH  RAILROAD  COMPANY. 

be  open  to  the  inspection  of  the  governor  and  council,  and  of  any 
committee  duly  authorized  by  the  legislature :  and  at  the  expira- 
tion of  every  twelve  years,  the  treasurer  of  said  corporation  shall 
make  an  exhibit  under  oath  to  the  legislature,  of  the  net  profits 
derived  from  the  income  of  said  railroad. 

Sect.  16.  That  an  Act  entitled  "  An  Act  concerning  Corpora- 
tions "  passed  March  seventeenth,  in  the  year  of  our  Lord,  one 
thousand  eight  hundred  and  thirty-one,  shall  not  extend  or  apply 
to  the  company  hereby  incorporated. 

Sect.  17.  That  the  said  corporation  shall  at  all  times,  when  the 
postmaster-general  shall  require  it,  be  holden  to  transport  the  mail 
of  the  United  States,  from  and  to  such  place  or  places  on  said  road 
as  required,  for  a  fair  and  reasonable  compensation.  And  in  case 
the  corporation  and  the  postmaster-general  shall  be  unable  to  agree 
upon  the  compensation  aforesaid,  the  legislature  of  the  State  shall 
determine  the  same.  And  said  corporation  after  they  shall  com- 
mence the  receiving  of  tolls,  shall  be  bound  at  all  times  to  have 
said  railroad  in  good  repair,  and  a  sufficient  number  of  suitable 
carriages  and  vehicles  for  the  transportation  of  persons  and  articles, 
and  be  obliged  to  receive  at  all  proper  times  and  places  and  convey 
the  same  when  the  appropriate  tolls  therefor  shall  be  paid  or 
tendered,  and  a  lien  is  hereby  created  on  all  articles  transported 
for  said  tolls.     Approved^  March  14,  1837. 

Laws  of  1840,  Chap.  14. 

An  Act  to  extend  the  time  to  locate  and  construct  tte  Portland,  Saco  and  Ports- 
mouth. Railroad. 

Be  it  enacted,  ^c.  That  there  shall  be  allowed  four  years  to  do 
and  perform  each  of  the  several  acts  and  things  required  to  be 
done  by  the  twelfth  section  of  the  Act  entitled  "  An  Act  to  estab- 
lish the  Portland,  Saco  and  Portsmouth  Railroad  Company,"  in 
addition  to  the  several  times  therein  allowed  to  do  and  perform  the 
same.     Approved,  Fehniary  14,  1840. 

Laws  op  1841,  Chap.  93. 

An  Act  additional  to  an  Act,  entitled  an  Act  to  establish  the  Portland,  Saco  and 

Portsmouth  Railroad  Company. 

Be  it  enacted,  S^c,  That  the  Portland,  Saco  and  Portsmouth 
Railroad  Company  be,  and  they  are  hereby  authorized  and  em- 


MAINE.  131 

powered  to  locate,  construct  and  finally  complete,  alter  and  keep 
in  repair,  their  said  railroad,  from  some  point  or  place  in  or  near 
the  city  of  Portland,  through  the  towns  of  Scarborough,  Saco, 
Kennebunk,  Wells,  York  or  South  Berwick,  Kittery  and  the  inter- 
mediate towns,  to  the  New  Hampshire  line,  at  such  place  as  will 
best  connect  with  the  railroad  constructed,  or  to  be  constructed, 
from  Portsmouth  to  Boston,  and  that  the  first  section  of  the  Act  to 
which  this  is  additional  be,  and  the  same  hereby  is,  so  amended 
accordingly :  Provided,  however,  that  said  road  shall  pass  south  of 
South  Berwick  village  and  Chadbourne's  Hill,  so  called,  in  said 
town  of  South  Berwick.     Approved,  February  17,  1841. 

Laws  of  1848,  Chap.  139. 

An  Act  authorizing  the  Portland,  Saco  and  Portsmouth  Pailroad  Company  to 
increase  their  capital  stock,  and  for  other  purposes. 

Sect.  1.  Be  it  enacted,  6^c.  The  Portland,  Saco  and  Portsmouth 
Railroad  Company  are  hereby  authorized  to  increase  their  capital 
stock  three  thousand  shares,  not  exceeding  one  hundred  dollars  a 
share. 

Sect.  2.  The  Portland,  Saco  and  Portsmouth  Railroad  Company 
are  hereby  authorized  and  empowered  to  subscribe  for,  take  and 
hold  shares  or  stock  to  an  amount  not  exceeding  one  hundred 
thousand  dollars  in  any  railroad  or  roads  which  are  now  incor- 
porated and  established  by  the  laws  of  this  state  within  the  limits 
of  the  same.     Approved,  August  3,  1848. 


CALAIS  AND  BARING  RAILWAY  COMPANY. 
INCORPORATED    IN   MAINE    IN    1837. 
Chapter  315  of  tJie  Special  Laws  of  1837  contains  the  charter. 

Sect.  1  grants  corporate  powers  and  describes  the  route,  authorizing  them  to  intersect 
the  Calais  Railway;  and  provides  that  this  Act  shall  be  subject  to  "An  Act  con- 
cerning Corporations,"  passed  February  16,  1836,  and  "an  Act  defining  certain 
rights  and  duties  of  Railroad  Corporations." 

Sect.  2  vests  the  government  in  not  less  than  five,  nor  more  than  nine  Directors,  to 
be  chosen  at  the  first  meeting,  and  afterwards  annually. 

Sect.  3  provides  that  if  the  road  from  Milltown  in  Calais,  to  Upper  Mills  in  Baring, 
be  not  completed  within  two  years  herefrom,  that  part  of  this  Act  relating  thereto 


132  CALAIS   AND   BARING  RAILWAY   COMPANY. 

shall  be  void ;  and  if  the  remainder  of  the  road  be  not  completed  within  four 
years  herefrom,  the  part  of  said  Act  relating  thereto  shall  be  void. 

Sect.  4  limits  the  capital  stock  to  $100,000,  in  shares  of  $100  each,  providing  that  no 
shareholder  shall  be  allowed  more  than  thirty  votes. 

Sect  5  grants  a  toll,  providing,  if  the  net  profits  of  the  road  shall  exceed  12  per  cent, 
on  its  cost,  the  Legislature  may  reduce  the  rates  of  toll  to  equal  that  sum. 

Sect.  6  requires,  after  they  commence  to  receive  tolls,  that  the  road  be  kept  in  good 
repair,  and  suitable  vehicles  be  provided ;  it  gives  a  lien  on  articles  transported 
for  the  tolls. 

Sect.  7  authorizes  the  Directors  to  erect  toll-houses  and  collect  tolls. 

Sect.  8  provides  that  the  books  shall  be  open  to  the  inspection  of  the  Governor  and 
Council,  and  any  Committee  of  the  Legislatiire,  and  that  the  treasurer  shall,  at  the 
end  of  ten  years  from  the  completion  of  the  road,  make  an  exhibit,  under  oath,  to 
the  Legislature,  of  the  net  profits  thereof. 

Sect.  9  enacts  that  any  person  wilfully  placing  obstructions  on  the  road,  or  injuring 
the  Company's  property,  or  any  implements  or  materials  used  in  the  construction 
of  the  road  shall  forfeit  to  the  Company  treble  the  amo\int  of  damages,  to  be 
recovered  in  an  action,  and  shall  be  liable  to  indictment,  and  fine  or  imprisonment. 

Sect.  10  establishes  the  mode  and  time  of  calling  the  last  meeting. 

Chap.  513  of  the  Special  Laws  of  1839  contains  an  additional  Act. 

Sect.  1  changes  the  name  of  the  Company  to  that  of  •'  Calais  and  Baring  Railroad 
Company." 

Sect.  2  allows  three  years  in  addition  to  the  time  mentioned  in  section  3  of  the  orig- 
inal Act  for  the  completion  of  the  road. 


Laws  of  1837,  Chap.  315. 
An  Act  to  incorporate  the  Calais  and  Baring  Railway  Company. 

Sect.  1.  Be  it  enacted,  S^^c.  That  Neal  D.  Shaw,  Anson  G. 
Chandler,  Shilometh  S.  Whipple,  Joshua  Veasey,  Bion  Bradbury, 
Jeremiah  Curtis,  Otis  L.  Bridges,  John  M.  Clement,  their  associates, 
successors,  and  assigns,  be  and  they  hereby  are  made  a  body  politic 
and  corporate,  by  the  name  of  the  Calais  and  Baring  Railway 
Company ;  and  they  are  hereby  authorized  to  locate,  construct,  and 
maintain  a  railroad  from  some  convenient  point  in  Milltown,  in  the 
town  of  Calais  (intersecting  the  Calais  railway)  to  the  Upper 
Mills,  so  called,  in  Baring,  with  the  right  of  hereafter  extending 
the  same  to  such  point  in  the  town  of  Baileyville,  as  shall  be  most 
convenient  to  connect  the  same  with  a  canal,  extending  through 
Meddybemps  Lake  by  Stephenson's  Mills,  so  called,  to  Round  Pond, 
and  shall  be  entitled  to  all  the  privileges,  and  be  subject  to  all  the 
duties,  liabilities,  and  requirements  provided  for  in  the  Act  entitled, 


MAINE.  133 

"An  Act  concerning  corporations,"  passed  February  sixteenth, 
eighteen  hundred  and  thirty-six;  and  also  an  Act  entitled,  "An 
Act  defining  certain  rights  and  duties  of  Railroad  Corporations," 
passed  the  first  day  of  March,  in  the  year  of  our  Lord  one  thousand 
eight  hundred  and  thirty-six. 

Sect.  2.  That  the  powers  of  the  company,  except  at  the  legal 
meetings  thereof,  shall  be  vested  in  a  Board  of  not  less  than  five, 
nor  more  than  nine  directors,  who  shall  be  chosen  at  the  first 
meeting  of  the  company,  and  shall  afterwards  be  chosen  annually 
at  such  time  as  the  by-laws  of  the  company  may  determine,  and 
shall  hold  their  oflices  for  one  year,  and  until  others  shall  be  chosen 
in  their  stead. 

Sect.  3.  That  so  much  of  this  Act  as  relates  to  that  part  of  said 
railroad  from  Milltown,  in  Calais,  to  the  Upper  Mills,  in  Baring, 
shall,  unless  completed  within  two  years  from  the  passing  hereof, 
be  null  and  void ;  and  unless  the  remainder  of  said  railroad  be 
completed  within  four  years  from  the  time  of  passing  this  Act, 
then  so  much  hereof  as  relates  to  the  same  shall  be  null  and  void. 

Sect.  4.  That  the  capital  stock  of  said  company  may  consist 
of  one  hundred  thousand  dollars,  and  shall  be  divided  into  shares 
of  one  hundred  dollars  each;  and  each  share  shall  be  entitled  to 
one  vote,  and  every  two  shares  above  one  shall  be  allowed  one  vote  ; 
Provided^  that  no  member  shall  be  allowed  more  than  thirty  votes. 

Sect.  5.  That  the  company  may  from  time  to  time,  establish, 
demand,  and  collect  such  tolls  for  the  transportation  of  persons, 
lumber,  wares,  merchandise,  or  any  other  article  on  said  railroad, 
or  on  such  part  or  parts  of  the  same  as  may  be  completed  from 
time  to  time,  as  they  may  see  fit ;  Provided^  that  whenever  the 
profits  arising  from  tolls,  or  otherwise,  shall  exceed  the  amount  of 
twelve  per  centum  per  annum  on  the  actual  cost  of  said  railroad, 
after  deducting  all  necessary  disbursements  in  conducting  its  ope- 
rations, then  the  legislature  shall  from  time  to  time  have  the  right 
so  to  reduce  such  tolls  as  may  have  been  established,  not  below 
the  rate  of  twelve  per  centum  as  aforesaid,  as  may  be  judged 
expedient. 

Sect.  6.  That  said  corporation,  after  they  shall  have  commenced 
the  receiving  of  tolls,  shall  be  bound  at  all  times  to  have  said  rail- 
road in  good  repair,  and  a  sufficient  number  of  suitable  carriages 
and  vehicles  for  the  transportation  of  persons  and  articles,  and  be 
obliged  to  receive  at  all  proper  times  and  places,  and  convey  the 
same,  when  the  appropriate  tolls  therefor  shall  be  paid  or  tendered, 

12 


134  CALAIS    AND   BARING   RAILWAY    COMPANY. 

and  a  lien  is  hereby  created  on  all  articles  transported  for  said 
tolls. 

Sect.  7.  That  the  directors  of  said  corporation,  for  the  time 
being,  are  hereby  authorized  to  erect  toll-houses,  establish  gates, 
appoint  toll  gatherers,  and  demand  toll  upon  the  road  when  com- 
pleted, and  upon  such  parts  thereof,  as  shall  from  time  to  time  be 
completed. 

Sect.  8.  That  the  books  of  said  corporation,  shall,  at  all  times, 
be  open  to  the  inspection  of  the  governor  and  council,  and  of  any 
committee  duly  authorized  by  the  legislature,  and  at  the  expiration 
of  ten  years  from  the  completion  of  said  railroad,  the  treasurer  of 
said  corporation  shall  make  an  exhibit,  under  oath,  to  the  legisla- 
ture, of  the  net  profits  derived  from  said  railroad. 

Sect.  9.  That  if  any  person  shall  wilfully,  maliciously,  or 
wantonly,  and  contrary  to  law,  obstruct  the  passage  of  any  car- 
riage on  said  railroad,  or  in  any  way  spoil,  injure,  or  destroy  said 
railroad,  or  any  part  thereof,  or  any  thing  belonging  thereto,  or  any 
material  or  implement  to  be  employed  in  the  construction  or  for 
the  use  of  said  road,  he,  she,  or  they,  or  any  person  or  persons 
assisting,  aiding,  or  abetting  such  trespass,  shall  forfeit  and  pay  to 
said  corporation  for  every  such  offence,  treble  such  damages  as 
shall  be  proved  before  the  justice,  court,  or  jury,  before  whom  the 
trial  shall  be  had,  to  be  sued  for  and  recovered  before  any  justice, 
or  any  court  proper  to  try  the  same,  by  the  treasurer  of  the  corpo- 
ration, or  other  officer  whom  they  may  direct,  to  the  use  of  said 
corporation ;  and  such  offender  or  offenders  shall  be  liable  to  in- 
dictment for  any  offence  or  offences,  contrary  to  the  above  pro- 
visions, and  on  conviction  thereof  shall  pay  a  fine  not  exceeding 
one  hundred  dollars,  to  the  use  of  the  State,  or  may  be  imprisoned 
for  a  term  not  exceeding  one  year,  at  the  discretion  of  the  court 
before  whom  the  conviction  may  be  had. 

Sect.  10.  That  the  first  meeting  of  said  company  may  be  called 
by  any  three  of  the  persons  named  in  this  Act,  by  publishing  a 
notice  of  the  time  and  place  thereof  in  the  Eastern  Democrat,  a 
paper  printed  in  Calais,  fourteen  days  at  least  before  the  time 
appointed  for  such  meeting.     Appi^oved,  March  20,  1837. 

Laws  of  1839,  Chap.  513. 
An  Act  in  addition  to  an  Act  to  incorporate  the  Calais  and  Baring  Eailway  Company. 

Sect.  1.  Be  it  enacted^  d^c.  That  said  corporation  may  hereafter 
take  the  name  of  the  Calais  and  Baring  Railroad  Company,  instead 
of  the  name  by  which  it  is  now  known. 


MAINE.  185 

Sect.  2.  That  said  corporation  shall  be  allowed  the  term  of  three 
years,  in  addition  to  the  times  mentioned  in  the  third  section  of  the 
Act  to  which  this  is  additional,  to  complete  the  works  contemplated 
by  said  Act,  any  law  to  the  contrary  notwithstanding.  Approved, 
February  25,  1839. 


BARING  AND  BOG  BROOK  RAILWAY  COMPANY. 
INCORPORATED    IN    MAINE  IN    1837. 

Chapter  376  of  the  Special  Laws  of  1837  contains  the  Charter. 

Sect.  1  grants  corporate  powers,  agreeably  to  the  provisions  of  the  Railroad  Bill 
passed  January  25,  1836,  and  describes  the  route. 

Sect.  2  provides  that  the  Capital  Stock  shall  be  $50,000,  invested  ia  real  and  per- 
sonal estate. 

Sect.  3  establishes  the  mode  of  organisation. 

Sect.  4  grants  a  toll,  subject  to  the  control  of  the  legislature,  and  requires  the  com- 
pany to  provide  suitable  carriages. 

Sect.  5  requires  that  said  road  be  completed  within  four  years  from  the  date,  or  this 
Act  shall  be  void. 


Laws  of  1837,  Chap.  376. 
An  Act  to  incorporate  the  Baring  and  Bog  Brook  Railway  Company. 

Sect.  1.  Be  it  enacted,  6^c.  That  Joseph  Granger,  Theodore 
Jellison,  Anson  G.  Chandler,  Jonathan  Williams,  Shilometh  S. 
Whipple,  Manley  B.  Townsend,  Dwight  B.  Barnard,  Gilbert  Fos- 
ter, James  S.  Pike,  Otis  Patterson,  Bion  Bradbury,  Seth  Emerson, 
Asa  A.  Pond,  Z.  E.  McKusick,  Eben  Pratt,  Charles  Perkins, 
Matthew  Fowler,  Josiah  Flagg,  James  S,  Cooper,  George  Downes, 
Amaziah  Nash,  George  F.  Wadsworth,  Benja.  Shattuck,  Joshua 
Veazie,  Lewis  Wilson,  Joel  Knight,  Alexander  H.  Weymouth, 
Levi  L.  Lowell,  Royal  McKusick,  William  Goodwin,  George  S. 
Smith,  Joseph  Whitney,  and  William  Pike,  with  their  associates, 
successors  and  assigns  be,  and  they  hereby  are  made  a  body  politic 
and  corporate  by  the  name  of  the  Baring  and  Bog  Brook  Railway 
Company,  with  all  the  powers  and  privileges  incident  to  similar 
corporations,  according  to  the  provisions  in  the  general  railroad 
bill,  passed  January  25,  1836,  for  the  purpose  of  constructing  a 
railroad  between  the  still  water  in  the  Mill  Pond  at  Baring  and  the 


136    OREAT    FALLS    AND    SOUTH   BERWICK    BRANCH   RAILROAD     CO. 

Schoodic  River  at  or  near  the  entrance  of  Bog  Brook  into  the  same, 
and  to  ran  in  its  course  south  of  the  Magurawock  mountain. 

Sect.  2.  That  the  capital  stock  of  said  company  may  consist  of 
fifty  thousand  dollars,  and  the  company  may  hold  by  lease,  grant 
or  purchase  any  estate  real,  personal,  or  mixed  to  the  above  amount 
of  fifty  thousand  dollars. 

Sect.  3.  That  any  three  of  the  first  five  persons  named  in  this 
bill  may  call  the  first  meeting,  by  inserting  the  same  in  some  news- 
paper printed  in  Calais  at  least  three  weeks  previous  to  the  time  of 
meeting,  and  said  meeting  may  proceed  to  organize  said  corpora- 
tion, choose  its  officers  and  do  any  other  business  necessary  for  the 
management  of  their  concerns. 

Sect.  4.  That  a  toll  be  and  hereby  is  granted  for  the  benefit  of 
said  corporation  —  the  company  to  furnish  themselves  constantly 
with  suitable  carriages  for  the  transportation  of  persons  and  prop- 
erty without  delay  —  said  tolls  at  all  times  to  be  subject  to  the  con- 
trol of  the  legislature. 

Sect.  5.  That  if  said  corporation  shall  not  complete  said  rail- 
way within  four  years  from  the  passing  of  this  Act,  then  this  Act 
shall  be  void.     Approved,  March  29,  1837. 


GREAT  FALLS  AND    SOUTH  BERWICK   BRANCH  RAILROAD 

COMPANY. 

INCORPORATED    IN    MAINE    IN    1841. 

Chapter  \iZ  of  the  Special  Laws  of  18il  contains  the  Charter. 

Sect.  1  grants  corporate  powers,  subject  to  the  provisions  of  an  Act  passed  Febru- 
ary 16,  1836,  entitled  "An  Act  concerning  Corporations,"  and  an  Act  concerning 
Railroad  Corporations,  passed  March  1,  1836  :  it  authorizes  them  to  hold  real 
estate,  sufficient  for  the  purposes  of  the  road,  not  exceeding  four  rods  in  width, 
except  when  necessary  for  excavations  and  embankments,  and  to  fell  or  remove 
trees,  within  four  rods  from  the  road,  liable  to  obstruct  it ;  and  they  shall  pay  for 
such  land  taken  and  trees  removed,  damages,  if  not  agreed  upon,  to  be  assessed 
by  the  County  Commissioners,  the  application  for  such  damages  to  be  made  within 
three  years  from  the  time  of  taking  such  land  or  other  property. 

Sect.  2  provides  that  the  capital  stock  shall  consist  of  not  less  than  1000  nor  more 
than  3000  shares,  vests  the  government  in  seven,  nine,  or  thirteen  directors,  and 
provides  for  the  choice  of  officers  ;  it  directs  that  books  for  subscription  to  the 
capital  stock  shall  be  opened  at  Boston  in  Massachusetts,  and  other  places  to  be 
appointed,  and  shall  remain  open  for  ten  days,  twenty  days'  previous  public  notice 
having  been  given ;  it  also  directs  the  mode  of  organization. 


MAINE.  137 

Sect.  3  defines  the  powers  and  duties  of  the  President  and  Directors,  and  authorizes 
them  to  make  equal  assessments  not  exceeding  $100  on  each  share,  and  to  sell 
shares  for  non-payment  of  assessments. 

Sect.  4  authorizes  them  to  make  by-laws  not  repugnant  to  the  laws  of  the  State. 

Sect.  5  grants  a  toll,  and  provides  that,  if  at  the  expiration  of  twelve  years  from  the 
completion  of  the  road,  the  net  income  shall  have  exceeded  12  per  cent,  on  its 
cost,  the  Legislature  may  reduce  the  rates  of  toll  so  that  it  shall  not  exceed  that 
sum  for  the  next  twelve  years,  and  so  at  the  end  of  each  twelve  years  ;  that  they 
shall  not  be  reduced  below  that  rate ;  and  the  excess  may  be  appropriated  to 
public  schools,  and  not  reduced,  if  the  Legislature  so  decide. 

Sect.  6  provides  that  the  Legislature  may  authorize  other  railroads  to  connect  with 
this,  and  that  their  passengers  and  goods  shall  be  transported  over  this  road,  at 
the  rates  of  toll  prescribed  for  this  road. 

Sect.  7  authorizes  the  Directors  to  erect  toll-houses,  and  collect  toU. 

Sect.  8  provides  that  the  guardian  of  any  infant  or  person  non  compos  mentis,  feme 
covert,  whose  husband  is  under  guardianship,  and  his  guardian,  may  release  land 
damages. 

Sect.  9  imposes  a  penalty  upon  any  person  wilfully  placing  obstructions  on  the  road 
or  injuring  any  property  of  the  Company,  or  any  one  abetting  in  the  same,  in 
treble  the  amount  of  damages  done,  to  be  recovered  by  the  Corporation  in  an 
action  ;  and  subjects  them,  also,  to  indictment,  and  fine  or  imprisonment. 

Sect.  10  appoints  the  time  of  the  annual  meethig,  when  Dkectors  shall  be  chosen, 
and  authorizes  special  meetings  to  be  called,  if  necessary. 

Sect.  11  establishes  the  manner  of  crossing  any  private  way,  highway,  canal,  or 
turnpike,  authorizes  them  to  raise  or  lower  any  private  way,  highway,  or  turn- 
pike, and  reqviires  that  they  shall  erect  gates  on  such  crossings,  for  the  safety  of 
travellers. 

Sect.  12  provides  that,  if  the  Company  shall  not  have  been  organized,  and  the  location 
filed  on  or  before  December  31,  1842,  or  the  road  completed  on  or  before  Decem- 
ber 31,  1844,  this  Act  shall  be  void. 

Sect.  13  requires  that  they  shall  erect  and  maintain  all  bridges  over  such  crossings. 

Sect.  14  authorizes  them  to  build  bridges  over  navigable  waters,  so  as  not  to  obstruct 
navigation. 

Sect.  15  directs  that  they  keep  correct  books  of  account,  open  to  the  inspection  of 
the  Governor  and  Council  and  a  Committee  of  the  Legislature ;  and  that  the 
Treasurer  exhibit,  at  the  end  of  each  twelve  years,  to  the  Legislature,  under  oath, 
the  net  profits  of  the  road. 

Sect.  16  provides  that  an  Act,  entitled  an  Act  concerning  Corporations,  passed 
March  17,  1831,  shall  not  apply  to  this  Corporation. 

Sect.  17  enacts  that  they  shall,  when  required,  transport  the  U.  S.  Mail,  for  a  pro- 
per compensation,  if  not  agreed  upon,  to  be  determined  by  the  Legislature ;  that 
they  shall,  after  commencing  to  receive  tolls,  keep  their  road  and  carriages  in 
good  repair,  and  transport  passengers  and  goods,  having  a  lien  on  the  latter  for 
freight. 

Sect.  18  authorizes  them  to  lease  the  whole  or  a  part  of  their  road  to  any  railroad 
Company  incorporated  in  this  State. 

Chapter  102  of  the  Special  Laws  of  1848  contains  an  additional  Act, 

It  revives  the  Act  of  incorporation,  provided  the  Company  be  organized  and  the 

12* 


138    GREAT   FALLS   AND   SOUTH   BERWICK  BRANCH   RAILROAD    CO. 

location  be  filed  on  or  before  January  1,  1850,  and  the  road  be  completed  on  or 
before  July  1,  1852. 

Chap.  103  of  the  Special  Laws  of  1848  contains  an  additional  Act. 

Sect.  1  authorizes  this  Company  to  unite  with  the  Great  Falls  and  Conway  Railroad 

Company,  incorporated  in  New  Hampshire,  under  the  name  of  the  Portsmouth, 

Great  Falls,  and  Conway  Raikoad  Company. 
Sect.  2  requires  one  Director,  or  more,  to  reside  in  this  State,  on  whom  process 

against  the  Company  may  be  served. 
Sect.  3  provides  that  this  Company  shall  be  subject  to  the  laws  of  this  State,  as  to 

that  part  of  the  road  situated  herein. 
Sect.  4  provides  that  this  Act  shall  not  take  effect,  until  it  and  an  Act  of  New 

Hampshire  authorizing  such  union,  be  accepted  by  the  two  Companies,  at  legal 

meetings  held  for  that  purpose. 

Chap.  172  of  the  fecial  Laws  of  1848  contains  an  additional  Act. 

It  authorizes  the  Company  to  extend  their  road  to  the  line  of  the  State  of  New 
Hampshire,  as  there  described. 


Laws  of  1841,  Chap.  143. 
An  Act  to  establish  the  Great  Falls  and  South  Ber-«ick  Branch  Raikoad  Company. 

Sect.  1.  Be  it  enacted^  ij'c.  That  William  A.  Hayes,  Charles  N. 
Cogswell,  Theodore  F.  Jewett,  Thomas  Jewett,  John  P.  Lord, 
Richard  Waldron,  Thomas  Goodwin,  2d,  Charles  E.  Bartlett, 
Granville  C.  Wallingford,  Hiram  H.  Hobbs,  .John  Hubbard,  John 
Goodwin,  John  Frost,  James  Goodwin,  and  their  associates,  suc- 
cessors, and  assigns,  be  and  they  hereby  are  made  a  body  politic 
and  corporate,  by  the  name  of  the  Great  Falls  and  South  Berwick 
Branch  Railroad  Company,  and  by  that  name  shall  have  all  the 
powers,  privileges  and  immunities,  and  be  subject  to  all  the  duties 
and  liabilities  provided  and  prescribed  in  an  Act  passed  on  the 
sixteenth  of  February,  eighteen  hundred  and  thirty-six,  entitled 
"  An  Act  concerning  Corporations,"  and  an  Act  defining  certain 
rights  and  duties  of  railroad  corporations,  passed  the  first  of  March, 
eighteen  hundred  and  thirty-six,  and  shall  be  and  hereby  are 
invested  with  all  the  powers,  privileges,  and  immunities,  which 
are  or  may  be  necessary  to  carry  into  eflfect  the  purposes  and  objects 
of  this  Act,  as  hereinafter  set  forth.  And  the  said  corporation 
are  hereby  authorized  and  empowered,  to  locate,  construct,  and 


MAINE.  139 

finally  complete,  alter,  and  keep  in  repair,  a  railroad  with  one  or 
more  set  of  rails,  or  tracks,  with  all  suitable  bridges,  viaducts, 
turnouts,  culverts,   drains,   and  all  other   necessary  appendages, 
from  some  point  or  place,  in  or  near  the  line  of  the  State  of  New 
Hampshire,  at  a  point  near  Great  Falls,  in  the  town  of  Berwick, 
through  said  Berwick  and  South   Berwick,  until  it  shall  intersect 
the  Portland,  Saco,  and  Portsmouth  Railroad,  in  said  South  Ber- 
wick.    And  for  this  purpose  said  corporation  shall  have  the  right 
to  take  and  hold  so  much  of  the  land,  and  other  real  estate  of  pri- 
vate persons,  as  may  be  convenient  for  the  construction,  location, 
and  convenient  operation  of  their  railroad ;  and  they  shall  also 
have  the  right  to  take,  remove,  and  use,  for  the  construction  and 
repair  of  said  railroad  and  appurtenances,  any  earth,  stone,  gravel, 
timber,  or  other  materials,  on  or  from  the  land  so  taken;  Provided 
however^  that  said  land  shall  not  exceed  four  rods  in  width,  except 
where  greater  width  is  necessary  for  the  purpose  of  excavation  or 
embankment;  and  provided^  also,  that  in  all  cases,  said  corpora- 
tion shall  pay  for  such  lands,  estate,  or  materials,  so  taken  and 
used,  such  price  as  they  and  the  owner,    or  respective  owners 
thereof  may  mutually  agree  on  ;  and  in  case  said  parties  shall  not 
otherwise  agree,  then  said  corporation  shall  pay  such  damages  as 
shall  be  ascertained  and  determined,  by  the  county  commissioners 
for  the  county  where  such  land,  or  other  property  may  be  situated, 
in  the  same  manner,  and  under  the  same  conditions  and  limita- 
tions, as  are  by  law  provided  in  the  case  of  damages  by  laying  out 
highways ;  and  the  land  so  taken  by  said  corporation  shall  be  held 
as  lands  taken  and  held  for  public  highways.     And  no  application 
to  said  commissioners  to  estimate  said  damages  shall  be  sustained, 
unless  made  within  three  years  from  the  time  of  taking  such  land 
or  other  property ;  or,  when  it  has  already  been  taken,  within  one 
year  from  the  time  of  passing  this  Act ;  and  in  case  such  railroad 
shall  pass  through  any  wood  lands,  or  forests,  the  said  company 
shall  have  the  right  to  fell  or  remove  any  trees  standing  therein, 
within  four  rods  from  such  road,  which,  by  their  liability  to  be 
blown  down  or  from  their  natural  falling,  might  obstruct  or  impair 
such  railroad,  by  paying  a  just  compensation  therefor,  to  be  recov- 
ered in  the  same  manner,  as  is  provided  for  the  recovery  of  other 
damages  in  this  Act. 

Sect.  2.  That  the  capital  stock  of  said  corporation  shall  consist 
of  not  less  than  one  thousand,  nor  more  than  three  thousand 
shares ;  and  the  immediate  government  and  direction  of  the  affairs 


140  GREAT  FALLS  AND  SOUTH  BERWICK  BRANCH  RAILROAD  CO. 

of  said  corporation,  shall  be  vested  in  seven,  nine,  or  thirteen  direct- 
ors, who  shall  be  chosen  by  the  members  of  said  corporation,  in 
the  manner  hereinafter  provided,  and  shall  hold  their  offices  until 
others  have  been  duly  elected  and  qualified  to  take  their  places,  a 
majority  of  whom  shall  form  a  quorum  for  the  transaction  of  busi- 
ness ;  and  they  shall  elect  one  of  their  number  to  be  president  of 
the  board,  who  shall  also  be  the  president  of  the  corporation,  and 
shall  have  authority  to  choose  a  clerk,  who  shall  be  sworn  to  the 
faithful  discharge  of  Jiis  duty,  and  a  treasurer,  who  shall  give 
bonds  to  the  corporation,  with  sureties  to  the  satisfaction  of  the 
directors,  in  a  sum  not  less  than  five  thousand  dollars,  for  the 
faithful  discharge  of  his  trust.  And  for  the  purpose  of  receiving 
subscriptions  to  the  said  stock,  books  shall  be  opened  under  the 
direction  of  the  persons  named  in  the  first  section  of  this  Act,  at 
such  time  and  in  such  places,  in  the  County  of  York,  in  this  State, 
and  the  Counties  of  Strafford  and  Rockingham,  in  New  Hamp- 
shire, and  the  city  of  Boston,  in  Massachusetts,  and  elsewhere,  as 
they  shall  appoint,  to  remain  open  for  ten  successive  days  ;  of 
which  time  and  place  of  subscription  public  notice  shall  be  given, 
in  some  newspaper,  printed  in  Kennebunk,  Portsmouth,  and  Bos- 
ton, twenty  days  previous  to  the  opening  such  subscription  ;  and  in 
case  the  amount  subscribed  shall  exceed  three  thousand  shares, 
the  same  shall  be  distributed  among  all  the  subscribers,  according 
to  such  regulations  as  the  person,  having  charge  of  the  opening 
of  the  subscription  books,  shall  prescribe  before  the  opening  of 
said  books.  And  any  seven  of  the  persons  named  ii:i  the  first  sec- 
tion of  this  Act,  are  hereby  authorized  to  call  the  first  meeting 
of  said  corporation,  by  giving  notice  in  one  or  more  newspapers, 
published  in  Kennebunk,  Portsmouth,  or  Boston,  of  the  time  and 
place  and  purpose  of  such  meeting,  at  least  twenty  days  before  the 
time  mentioned  in  such  notice. 

Sect.  3.  That  the  president  and  directors  for  the  time  being  are 
hereby  authorized  and  empowered,  by  themselves,  or  their  agents, 
to  exercise  all  the  powers  herein  granted  to  the  corporation,  for  the 
purpose  of  locating,  constructing,  and  completing  said  railroad,  and 
for  the  transportation  of  persons,  goods,  and  property,  of  all  de- 
scriptions, and  all  such  power  and  authority,  for  the  management 
of  the  affairs  of  the  corporation,  as  may  be  necessary  and  proper, 
to  carry  into  effect  the  objects  of  this  grant ;  to  purchase  and  hold 
land,  materials,  engines,  and  cars,  and  other  necessary  things,  in 
the  name  of  the  corporation,  for  the  use  of  said  road,  and  for  the 


MAINE.  141 

transportation  of  persons,  goods,  and  property,  of  all  descriptions ; 
to  make  such  equal  assessments,  from  time  to  time,  on  all  the 
shares  in  said  corporation,  as  they  may  deem  expedient  and  neces- 
sary, in  the  execution  and  progress  of  the  work,  and  direct  the 
same  to  be  paid  to  the  treasurer  of  the  corporation.  And  the  trea- 
surer shall  give  notice  of  all  such  assessments ;  and  in  case  any 
subscriber  or  stockholder  shall  neglect  to  pay  any  assessment  on 
his  share  or  shares,  for  the  space  of  thirty  days,  after  such  notice 
is  given  as  shall  be  prescribed  by  the  by-laws  of  said  corporation, 
the  directors  may  order  the  treasurer  to  sell  such  share  or  shares, 
at  public  auction,  after  giving  such  notice  as  may  be  prescribed, 
as  aforesaid,  to  the  highest  bidder,  and  the  same  shall  be  trans- 
ferred to  the  purchaser ;  and  such  delinquent  subscriber  or  stock- 
holder, shall  be  held  accountable  to  the  corporation  for  the  balance, 
if  his  share  or  shares  shall  sell  for  less  than  the  assessments  due 
thereon,  with  the  interest  and  costs  of  sale,  and  shall  be  entitled 
to  the  overplus,  if  his  share  or  shares  shall  sell  for  more  than  the 
assessments  due,  with  interest  and  costs  of  sale :  Provided  how- 
ever, that  no  assessments  shall  be  laid  upon  any  shares  in  said 
corporation  of  a  greater  amount,  in  the  whole,  than  one  hundred 
dollars. 

Sect.  4.  That  said  corporation  shall  have  power  to  make,  ordain, 
and  establish  all  necessary  by-laws  and  regulations,  consistent 
with  the  constitution  and  laws  of  this  State,  for  their  own  govern- 
ment, and  for  the  due  and  orderly  conducting  of  their  affairs,  and 
the  management  of  their  property. 

Sect.  5.  Tliat  a  toll  be,  and  hereby  is  granted  and  established, 
for  the  sole  benefit  of  said  corporation,  upon  all  passengers  and 
property  of  all  descriptions,  which  may  be  conveyed  or  trans- 
ported upon  said  road,  at  such  rate  per  mile  as  may  be  agreed 
upon  and  established,  from  time  to  time,  by  the  directors  of  said 
corporation.  The  transportation  of  persons  and  property,  the  con- 
struction of  wheels,  the  form  of  cars  and  carriages,  the  weights  of 
loads,  and  all  other  matters  and  things  in  relation  to  the  use  of 
said  road,  shall  be  in  conformity  with  such  rules,  regulations,  and 
provisions,  as  the  directors  shall,  from  time  to  time,  prescribe  and 
direct :  Provided,  however,  that  if  at  the  expiration  of  twelve 
years  from  and  after  the  completion  of  said  road,  the  net  income 
or  receipts,  from  tolls  and  other  profits,  taking  the  twelve  years 
aforesaid  as  the  basis  of  calculation,  shall  have  amounted  to  more 
than  twelve  per  cent,  per  annum  upon  the  cost  of  the  road  and 


142  GREAT  FALLS  AND  SOUTH  BERWICK  BRANCH  RAILROAD  CO. 

incidental  expenses,  the  legislature  may  alter  and  reduce  the  rate 
of  tolls  and  other  profits,  so  that  the  net  income  shall  not  exceed 
twelve  per  cent,  for  the  next  twelve  years,  calculating  the  amount 
of  transportation  on  the  road  to  be  the  same  as  in  the  twelve  pre- 
ceding years,  and  at  the  expiration  of  every  twelve  years  there- 
after, the  same  proceedings  may  be  had.  And  further  provided^ 
that  the  legislature  shall  not,  at  any  time,  so  reduce  the  tolls  and 
other  profits,  as  to  produce  less  than  twelve  per  centum  upon  the 
cost  of  said  railroad,  taking  the  basis  of  calculation  as  aforesaid, 
without  the  consent  of  said  corporation.  And  'provided  further^ 
that  the  legislature  may,  instead  of  reducing  said  tolls  and  profits 
to  twelve  per  cent,  appropriate  the  surplus  to  the  public  schools  of 
the  State. 

Sect.  6.  That  the  legislature  may  authorize  any  other  company 
or  companies,  to  connect  any  other  railroad  or  railroads,  with  the 
railroad  of  said  corporation,  at  any  points  of  intersection  on  the 
route  of  said  railroad.  And  said  corporation  shall  receive  and 
transport  all  persons,  goods,  and  property,  of  all  descriptions, 
which  may  be  carried  and  transported  to  the  railroad  of  said  cor- 
poration, on  such  other  railroads  as  may  be  hereafter  authorized  to 
be  connected  therewith,  at  the  same  rates  of  toll  and  freight,  as 
may  be  prescribed  by  said  corporation,  so  that  the  rates  of  freight 
and  toll  on  such  passengers,  goods,  and  other  property,  as  may  be 
received  from  such  other  railroads,  so  connected  with  said  railroad, 
as  aforesaid,  shall  not  exceed  the  general  rates  of  freight  and  toll 
on  said  railroad,  received  for  freight  and  passengers,  &c.  at  any  of 
the  deposits  of  said  corporation. 

Sect.  7.  That  the  directors  of  said  corporation,  for  the  time 
being,  are  hereby  authorized  to  erect  toll-houses,  establish  gates, 
appoint  toll-gatherers,  and  demand  toll  on  the  road,  when  com- 
pleted, and  upon  such  parts  thereof  as  shall  from  time  to  time  be 
completed. 

Sect.  8.  That  when  said  corporation  shall  take  any  land,  or 
other  estate,  as  aforesaid,  of  any  infant,  person  non  corapos  mentis. 
or  feme  covert,  whose  husband  is  under  guardianship,  the  guardian 
of  such  infant  or  person  non  compos  mentis,  and  such  feme  covert 
with  the  guardian  of  her  husband,  shall  have  full  power  and 
authority  to  agree  and  settle  with  said  corporation  for  damages,  or 
claims  for  damages,  by  reason  of  taking  such  land  and  estate 
aforesaid,  and  give  good  and  valid  releases  and  discharges  there- 
for. 


MAINE.  143 

Sect.  9.  That  if  any  person  shall  wilfully  and  mahcioiisly,  or 
wantonly  and  contrary  to  law,  obstruct  the  passage  of  any  car- 
riage on  said  railroad,  or  in  any  way  spoil,  injure,  or  destroy  said 
railroad,  or  any  part  thereof,  or  any  thing  belonging  thereto,  or 
any  material  or  implements  to  be  employed  in  the  construction,  or 
for  the  use  of  said  road,  he,  she,  or  they,  or  any  person  or  persons, 
assisting,  aiding,  or  abetting  such  trespass,  shall  forfeit  and  pay  to 
said  corporation,  for  every  such  offence  treble  such  damages,  as 
shall  be  proved  before  the  justice,  court,  or  jury,  before  whom  the 
trial  shall  be  had,  to  be  sued  for  before  any  justice,  or  in  any  court 
proper  to  try  the  same,  by  the  treasurer  of  the  corporation,  or 
other  officer,  whom  they  may  direct,  to  the  use  of  said  corporation. 
And  such  offender  or  offenders  shall  be  liable  to  indictment,  by  the 
grand  jury  of  the  county  within  Mdiich  the  trespass  shall  have 
been  committed,  for  any  offence  or  offences,  contrary  to  the  above 
provisions,  and  upon  conviction  thereof,  before  any  court  com- 
petent to  try  the  same,  shall  pay  a  fine,  not  exceeding  one  hundred 
dollars,  to  the  use  of  the  State,  or  may  be  imprisoned  for  a  term, 
not  exceeding  one  year,  at  the  discretion  of  the  court  before  whom 
such  conviction  may  be  had. 

Sect.  10.  That  the  annual  meeting  of  the  members  of  said  cor- 
poration shall  be  holden  on  the  first  Monday  in  May,  at  such  time 
and  place  as  the  directors,  for  the  time  being,  shall  appoint,  at 
which  meeting,  the  directors  shall  be  chosen  by  ballot,  each  pro- 
prietor being  entitled  to  as  many  votes  as  he  holds  shares,  and  the 
directors  are  Ijereby  authorized  to  call  special  meetings  of  the 
stockholders,  whenever  they  shall  deem  it  expedient  and  proper, 
giving  such  notice  as  the  corporation  by  their  by-laws  shall  direct. 

Sect.  11.  That  if  said  railroad,  in  the  course  thereof,  shall 
cross  any  private  way,  the  said  corporation  shall  so  construct  said 
railroad  as  not  to  obstruct  the  safe  and  convenient  use  of  such  pri- 
vate way  ;  and  if  said  railroad,  shall,  in  the  course  thereof,  cross 
any  canal,  turnpike,  railroad,  or  other  highway,  the  said  railroad 
shall  be  so  constructed  as  not  to  obstruct  the  safe  and  convenient 
use  of  such  canal,  turnpike,  or  other  highway :  and  the  said  cor- 
poration shall  have  power  to  raise  or  lower  such  turnpike,  high- 
way, or  private  way,  so  that  the  said  railroad,  if  necessary,  may 
conveniently  pass  over  or  under  the  same,  and  erect  such  gate  or 
gates  thereon,  as  may  be  necessary  for  the  safety  of  travellers  on 
said  turnpike,  railroad,  highway,  or  private  way. 

Sect.  12.  That  if  the  said   corporation   shall   not  have   been 


144  GREAT  FALLS  AND  SOUTH  BERWICK  BRANCH  RAILROAD  CO. 

organized,  and  the  location  according  to  the  actual  survey  of  the 
route,  filed  with  the  county  commissioners,  of  the  county  of  York, 
on  or  before  the  thirty-first  day  of  December,  in  the  year  of  our 
Lord,  one  thousand  eight  hundred  and  forty-two,  or  if  said  cor- 
poration shall  fail  to  complete  said  railroad,  on  or  before  the  thirty- 
first  day  of  December,  in  the  year  of  our  Lord,  one  thousand  eight 
hundred  and  forty-four,  in  either  of  the  above  mentioned  cases  this 
Act  shall  be  null  and  void. 

Sect.  13.  That  said  railroad  corporation  shall  constantly  main- 
tain, in  good  repair,  all  bridges  with  their  abutments  and  embank- 
ments, which  they  may  construct  for  the  purpose  of  conducting 
their  railroad  over  any  canal,  turnpike,  highway,  or  private  way, 
or  for  conducting  such  private  way,  or  turnpike,  over  said  rail- 
road. 

Sect.  14.  That  if  said  railroad  shall,  in  the  course  thereof,  cross 
any  tide  waters,  navigable  rivers,  or  streams,  the  said  corporation 
be,  and  they  are  hereby  authorized  and  empowered  to  erect,  for 
the  sole  and  exclusive  travel  on  said  railroad,  a  bridge  across  each 
of  said  rivers,  or  streams,  or  across  any  such  tide  waters :  Pro- 
vided, that  such  bridge  or  bridges  shall  be  so  constructed  as  not  to 
obstruct  or  impede  the  navigation  of  said  waters. 

Sect.  15.  That  the  books  of  said  corporation  shall,  at  all  times, 
be  open  to  the  inspection  of  the  governor  and  council,  and  of  any 
committee  duly  authorized  by  the  legislature  ;  and  at  the  expira- 
tion of  every  twelve  years,  the  treasurer  of  said  corporation,  shall 
make  an  exhibit,  under  oath,  to  the  legislature,  of  the  net  profits 
derived  from  the  income  of  said  railroad. 

Sect.  16.  That  an  Act,  entitled  an  Act  concerning  corporations, 
passed  March  seventeenth,  in  the  year  of  our  Lord,  one  thousand 
eight  hundred  and  thirty-one,  shall  not  extend  or  apply  to  the 
company  hereby  incorporated. 

Sect.  17.  That  the  said  corporation  shall,  at  all  times,  be  holden, 
when  the  postmaster-general  shall  require  it,  to  transport  the  mail 
of  the  United  States,  from  and  to  such  place  or  places,  on  said 
road,  as  required,  for  a  fair  and  reasonable  compensation.  And  in 
case  the  corporation  and  the  postmaster-general  shall  be  unable  to 
agree  upon  the  compensation,  as  aforesaid,  the  legislature  of  the 
State  shall  determine  the  same.  And  said  corporation,  after  they 
shall  commence  the  receiving  of  tolls,  shall  be  bound,  at  all  times, 
to  have  said  railroad  in  good  repair,  and  a  sufficient  number  of 
suitable  carriages  and  vehicles,  for  the  transportation  of  persons 


MAINE.  145 

and  articles,  and  be  obliged  to  receive,  at  all  proper  times  and 
places,  and  convey  the  same,  when  the  appropriate  tolls  therefor 
shall  be  paid  or  tendered,  and  a  lien  is  hereby  created,  on  all  arti- 
cles transported,  for  said  tolls. 

Sect.  IS.  That  said  corporation  be,  and  they  are  hereby  author- 
ized and  empowered  to  lease  a  part,  or  the  entire  right,  to  nse  their 
road  by  locomotive  engines,  cars,  carriages,  or  other  vehicles,  to 
any  railroad  corporation  established  by  this  State,  and  upon  such 
terms,  as  they  deem  proper,  who  are  hereby  authorized  to  hire  the 
same.     App?^oved,  March  31,  1841. 

Lat^-s  of  1848,  Chap.  102. 

An  Act  to  revive  and  establish  tlie  Great  Falls  and  South  Berwick  Branch  Railroad 

Company. 

Be  it  enacted^  <.yc.  That  an  Act  entitled  "  an  Act  to  establish 
the  Great  Falls  and  South  Berwick  Branch  Railroad  Company," 
approved  the  thirty-first  day  of  March,  in  the  year  of  our  Lord 
one  thousand  eight  hundred  and  forty-one,  be  and  the  same  is 
hereby  revived,  and  said  act  shall  hereafter  be  of  the  same  force, 
authority,  and  effect  as  if  the  same  had  been  enacted  by  this  legis- 
lature ;  provic?ec?  said  corporation  shall  be  organized,  and  the  location 
according  to  the  actual  survey  of  the  route  shall  be  filed  with  the 
county  commissioners  of  the  county  of  York,  on  or  before  the  first 
day  of  January,  in  the  year  of  our  Lord  one  thousand  eight  hun- 
dred and  fifty ;  and  said  railroad  shall  be  completed  on  or  before 
the  first  day  of  July  in  the  year  of  our  Lord  one  thousand  eight 
hundred  and  fifty-two.     Approved,  June  8,  1848. 

Laws  of  1848,  Chap.  103. 

An  Act  to  unite  the  Great  Falls  and  South  Berwick  Branch  Railroad  Company,  in 
Maine,  -nith  the  Great  Falls  and  Conway  Railroad  Company  in  New  Hampshire. 

Sect.  1.  Be  it  enacted,  t^'c.  That  the  stockholders  of  the  Great 
Falls  and  South  Berwick  Branch  Railroad  Corporation  in  Maine 
are  hereby  constituted  stockholders  of  the  Great  Falls  and  Conway 
Railroad  Company,  a  body  corporate  and  pohtic,  duly  constituted 
and  existing  under  the  laws  of  the  State  of  New  Hampshire;  and 
the  stockholders  of  the  said  Great  Falls  and  Conway  Railroad 
Company  in  New  Hampshire,  are  hereby  constituted  stockholders 

13 


146   GREAT  FALLS  AND  SOUTH  BERWICK  BRANCH  RAILROAD  CO. 

of  the  said  Great  Falls  and  South  Berwick  Branch  Railroad  Cor- 
poration in  Maine ;  and  the  said  two  corporations  are  hereby  made 
one  corporation  by  the  name  of  the  Portsmouth,  Great  Falls,  and 
Conway  Railroad  Company,  and  all  the  franchises,  property,  pow- 
ers, and  privileges  granted  or  acquired  under  the  authority  of  said 
States  respectively,  shall  be  held  and  enjoyed  by  all  the  said 
stockholders  in  proportion  to  the  number  of  shares  or  amount  of 
property  held  by  them  respectively  in  either  or  both  of  said  corpo- 
rations. 

Sect.  2.  One  or  more  of  the  directors  of  said  Portsmouth,  Great 
Falls,  and  Conway  Railroad,  shall  at  all  times  be  an  inhabitant 
of  this  State,  on  whom  process  against  said  company  may  be 
legally  served ;  and  the  said  company  shall  be  held  to  answer  in 
the  jurisdiction  where  the  service  is  made  and  the  process  is 
returnable. 

Sect.  3.  The  said  company  and  the  stockholders  therein,  so  far 
as  their  road  is  situated  in  Maine,  shall  be  subject  to  all  the  duties 
and  liabilities  of  the  Great  Falls  and  South  Berwick  Branch  Rail- 
road Corporation  and  the  general  laws  of  this  State  regulating 
corporations. 

Sect.  4.  This  Act  shall  not  take  effect  until  the  same,  and  also 
an  Act  of  the  legislature  of  New  Hampshire  authorizing  the  union 
of  said  corporations,  shall  have  been  accepted  by  the  stockholders 
of  said  two  corporations  respectively  at  legal  meetings  called  for 
that  purpose.     Approved,  June  15, 1848. 

Laws  of  1848,  Chap.  172. 

An  Act  in  addition  to  "  An  Act  to  establish   the  Great  Falls  and  South  Berwick 

Branch  Railroad  Company." 

Sect.  1.  Be  it  enacted,  ^'c.  That  the  said  Great  Falls  and 
South  Berwick  Branch  Railroad  Company  are  hereby  authorized 
to  extend,  locate,  construct,  and  complete  their  railroad  to  the  line 
of  the  State  of  New  Hampshire,  at  such  point  in  the  towns  of 
Berwick  or  South  Berwick,  as  the  directors  of  said  corporation 
shall  decide  will  be  most  for  the  interest  of  their  stockholders,  and 
most  convenient  to  the  public;  and  the  said  corporation  are  hereby 
further  authorized  to  locate,  extend,  construct,  and  complete  their 
railroad  through  the  towns  of  Eliot  and  Kiltery,  to  the  boundary 
line  of  the  State  of  New  Hampshire,  near  the  Portsmouth  bridge, 


MAINE.  147 

if  in  the  opinion  of  the  directors  of  said  corporation  the  interest  of 
their  stockholders  and  the  pubhc  good  will  be  promoted  thereby. 
Apjyroved,  August  10,  1848. 


PORTLAND   AND    OXFORD   RAILROAD   COMPANY. 
INCORPORATED    IN    MAINE    IN    1841. 

Chapter  1^1  of  the  Special  Laws  of  1841  contains  the  Charter. 

Sect.  1  grants  corporate  powers,  subject  to  the  provisions  of  the  Act  passed  February 
16,  1836,  entitled  "An  Act  concerning  Corporations,"  and  an  Act  respecting  Rail- 
road Corporations  passed  March  1,  1836  ;  it  authorizes  them  to  take  and  hold  suffi- 
cient real  estate  for  the  purposes  of  the  road,  not  exceeding  four  rods  in  width, 
except  when  necessary  for  excavations  and  embankments,  and  to  fell  or  remove 
trees,  within  four  rods  from  the  road,  likely  to  obstruct  it,  paying  for  lands  so 
taken  and  trees  so  removed  damages,  when  not  agreed  upon,  to  be  assessed  by  the 
County  Commissioners ;  the  application  for  such  damages  must  be  made  within 
three  years  from  the  time  of  taking  the  property. 

Sect.  2  provides  that  the  Capital  Stock  shall  consist  of  not  less  than  5000  nor  more 
than  10,000  shares,  vests  the  government  in  nine  directors  and  provides  for  the 
choice  of  officers;  it  directs  that  books  for  subscription  to  the  stock  shall  be 
opened,  at  a  time  and  places  to  be  appointed,  during  ten  days,  twenty  days'  pre- 
vious public  notice  having  been  given;  if  the  number  of  shares  exceed  10,000, 
they  shall  be  distributed  among  the  subscribers  according  to  previous  regulations. 

Sect.  3  defines  the  powers  and  duties  of  the  President  and  Directors,  and  authorizes 
them  to  make  equal  assessments  not  exceeding  $100  on  each  share,  and  to  seU  the 
shares  for  non-payment  of  assessments. 

Sect.  4  authorizes  them  to  make  by-laws  not  repugnant  to  the  by-laws  of  the  State. 

Sect.  5  grants  a  toll,  and  provides  that  if  the  net  income  of  the  road  for  twelve 
years  shall  exceed  twelve  per  cent,  on  its  cost,  the  Legislature  may  reduce  the  rates 
of  toll  to  equal  that  amount  for  the  succeediag  twelve  years,  and  so  at  the  end  of 
each  term  of  twelve  years,  but  not  below  that  amotmt ;  or  they  may,  instead  of 
reducing  said  tolls,  devote  such  surplus  to  the  public  schools. 

Sect.  6  provides  that  the  Legislature  may  authorize  other  companies  to  enter  upon 
and  use  this  road,  and  that  their  passengers  and  freight  shall  be  transported  over 
this  road  at  the  rates  of  toll  prescribed  on  this  road. 

Sect.  7  authorizes  the  Directors  to  erect  toll  houses  and  collect  tolls. 

Sect.  8  provides  that  any  guardian  of  an  infant,  or  person  nan  compos  mentis,  a  feme 
covert,  whose  husband  is  under  guardianship,  and  his  guardian  may  release  claims 
for  land  damages. 

Sect.  9  enacts  that  any  person  wilfully  placing  obstructions  on  the  road  or  injuring 
the  Company's  property,  or  any  one  abetting  in  the  same,  shall  pay  to  the  Com- 
pany treble  the  amount  of  damages,  to  be  recovered  by  action,  and  shall  be  Hable 
to  indictment  and  fine  or  imprisonment. 

Sect.  10  appoints  the  time  of  the  annual  meeting,  when  Directors  shall  be  chosen, 
and  authorizes  special  meetings,  if  necessary  to  be  called. 


148  PORTLAND     AND     OXFORD    RAILROAD    COMPANY. 

Sect.  11  establishes  the  manner  of  crossing  any  private  way,  highway,  canal  or 
turnpike ;  authorizes  them  to  raise  or  lower  any  private  way,  highway,  or  turnpike ; 
and  requires  that  they  shall  erect  gates  on  such  crossings,  for  the  safety  of  travel- 
lers. 

Sect.  12  provides  that,  if  the  Corporation  shall  not  have  been  organized  and  the 
location  filed  on  or  before  January  1,  1844,  or  the  road  completed  on  or  before 
January  1,  1848,   this  Act  shall  be  void. 

Sect.  13  requires  that  they  maintain  bridges  over  all  crossings. 

Sect.  14  authorizes  them  to  construct  bridges  across  navigable  waters,  so  as  not  to 
impede  navigation. 

ect.  15  requires  that  they  keep  correct  books  of  account,  open  to  the  inspection  of 
the  Governor  and  Council,  and  of  a  committee  of  the  Legislature ;  and  that,  at 
the  end  of  each  twelve  years,  the  Treasurer  shall  exhibit,  under  oath,  to  the  Legis- 
lature the  net  income  of  the  road. 

Sect.  16  provides  that  the  Act  entitled  "  An  Act  concerning  Corporations  "  shall  not 
apply  to  this  Corporation, 

Sect.  17  enacts  that  they  shall,  when  required,  transport  the  TJ.  S.  IMail,  for  a  com- 
pensation, if  not  agreed  upon,  to  be  determined  by  the  Legislature ;  that  they 
shall  keep  their  road  and  vehicles  in  good  repair,  after  commencing  to  receive 
tolls,  and  shall  transport  all  passengers  and  goods,  having  a  lien  upon  the  latter 
for  freight. 

Chap.  137  of  the  Special  Laws  of  1844  contains  an  Act,  alloicinrj  to  the  Company  five 
years  from  January  1,  1844,  to  complete  their  road. 


Laws  of  1841,  Chap.  197. 

An  Act  to  establish  the  Portland  and  Oxford  Kailroad  Company. 

Sect.  1.  Be  it  enacted,  S^c.  That  Samuel  Jordan,  John  Rand, 
Zenas  Libby,  Samuel  Knight,  Enoch  Moody,  Eli  Webb,  William 
Stewart,  Jr.,  Charles  Blake,  John  Elder,  J.  W.  Appleton,  J.  B. 
Brown,  T.  C.  Hersey,  Daniel  F.  Emery,  Samuel  Whittier,  F. 
Tinkham,  St.  J.  Smith,  T.  R.  Jones,  John  Dow,  E.  F.  Beal,  H. 
H.  Boody,  Nath'l  Shaw,  William  Willis,  Oliver  Gerrish,  Nathan 
Cummings,  E.  A.  Norton,  Levi  Sawyer,  Levi  Morrill,  their  asso- 
ciates, successors,  and  assigns,  be  and  they  are  hereby  made  a  body 
politic  and  corporate,  by  the  name  of  the  Portland  and  Oxford  Rail- 
road Company,  and  by  that  name  shall  have  all  the  powers,  privi- 
leges, and  immunities,  provided  and  prescribed  in  an  Act  passed 
on  the  sixteenth  day  of  February,  eighteen  hundred  and  thirty- 
six,  entitled  "an  Act  concerning  corporations,"  and  an  Act  defin- 
ing certain  rights  and  duties  of  railroad  corporations,  passed  the 
first  day  of  March,  eighteen  hundred  and  thirty-six,  and  shall  be 


MAINE.  149 

and  hereby  are  invested  with  all  the  powers,  privileges,  and  immu- 
nities, which  are  or  may  be  necessary  to  carry  into  effect  the  pur- 
poses and  objects  of  this  Act,  as  hereinafter  set  forth.  And  the 
said  corporation  are  hereby  authorized  and  empowered  to  locate, 
construct,  and  finally  complete,  alter,  and  keep  in  repair,  a  railroad 
with  one  or  more  set  of  rails  or  tracks,  with  all  suitable  bridges, 
viaducts,  turnouts,  culverts,  drains,  and  all  other  necessary  ap- 
pendages, from  some  point  or  place  in  or  near  the  city  of  Portland, 
and  to  terminate  at  or  near  the  village  of  Norway,  Oxford  County, 
with  the  privilege  of  running  through  the  intermediate  towns. 
And  for  this  purpose,  said  corporation  shall  have  the  right  to  take 
and  hold  so  much  of  the  land  and  other  real  estate  of  private  per- 
sons, as  may  be  necessary  for  the  location,  construction,  and  con- 
venient operation  of  their  railroad ;  and  they  shall  also  have  the 
right  to  take,  remove,  and  use,  for  the  construction  and  repair  of 
said  railroad  and  appurtenances,  any  earth,  gravel,  stone,  timber 
or  other  materials,  on  or  from  the  land  so  taken.  Provided,  how- 
ever, that  said  land  so  taken  shall  not  exceed  four  rods  in  width, 
except  where  greater  width  is  necessary  for  the  purpose  of  excava- 
tion or  embankment.  And,  provided  also,  that  in  all  cases,  said 
corporation  shall  pay  for  such  lands,  estate,  or  materials,  so  taken 
and  used,  such  price  as  they  and  the  owner,  or  respective  owners 
thereof,  may  mutually  agree  on.  And  in  case  said  parties  shall 
not  otherwise  agree,  then  said  corporation  shall  pay  such  damages, 
as  shall  be  ascertained  and  determined  by  the  county  commission- 
ers, for  the  county  where  such  land  or  other  property  may  be  sit- 
uated, in  the  same  manner,  and  under  the  same  conditions  and 
limitations,  as  are  by  law  provided  in  the  case  of  damages  by  lay- 
ing out  of  highways.  And  the  land,  so  taken  by  said  corporation, 
shall  be  held  as  lands  taken  and  held  for  public  highways.  And 
no  application  to  said  commissioners  to  estimate  said  damages 
shall  be  sustained,  unless  made  within  three  years  from  the  time  of 
taking  such  land  or  other  property  ;  or  when  it  has  already  been 
taken,  within  one  year  from  the  time  of  passing  this  Act.  And  in 
case  such  railroad  shall  pass  through  any  woodlands  or  forests,  the 
said  company  shall  have  the  right  to  fell  or  remove  any  trees 
standing  therein,  within  four  rods  from  such  road,  which,  by  their 
liability  to  be  blown  down  or  from  their  natural  falling,  might  ob- 
struct or  impair  said  railroad,  by  paying  a  just  compensation 
therefor,  to  be  recovered  in  the  same  manner  as  is  provided  for  the 
recovery  of  other  damages  in  this  Act. 

13  * 


150  PORTLAND    AND    OXFORD    RAILROAD    COMPANY. 

Sect.  2.  That  the  capital  stock  of  said  corporation  shall  consist 
of  not  less  than  five  thousand  nor  more  than  ten  thousand  shares. 
And  the  immediate  government  and  direction  of  the  affairs  of  said 
corporation,  shall  he  vested  in  nine  directors,  who  shall  be  chosen 
by  the  members  of  said  corporation,  in  the  manner  hereinafter  pro- 
vided, and  shall  hold  their  offices  until  others  shall  have  been  duly 
elected  and  qualified  to  take  their  places  ;  a  majority  of  whom 
shall  form  a  quorum  for  the  transaction  of  business ;  and  they  shall 
elect  one  of  their  number  to  be  the  president  of  said  board,  who 
shall  also  be  the  president  of  the  corporation  ;  and  shall  have  au- 
thority to  choose  a  clerk,  who  shall  be  sworn  to  the  faithful  dis- 
charge of  his  duty,  and  a  treasurer,  who  shall  give  bonds  to  the 
corporation,  with  sureties  to  the  satisfaction  of  the  directors,  in  a 
sum  not  less  than  thirty  thousand  dollars,  for  the  faithful  discharge 
of  his  trust.  And  for  the  purpose  of  receiving  subscriptions  to  the 
said  stock,  books  shall  be  opened  under  the  direction  of  the  per- 
sons named  in  the  first  section  of  this  Act,  at  such  time  and  in 
such  places  as  they  shall  appoint,  in  the  counties  of  Cumberland 
and  Oxford,  to  remain  open  for  ten  successive  days,  of  which  time 
and  place  of  subscription,  public  notice  shall  be  given  in  some 
newspaper,  published  in  Portland,  twenty  days  at  least  previous  to 
the  opening  of  such  subscription,  and  in  case  the  amount  subscrib- 
ed shall  exceed  ten  thousand  shares,  the  same  shall  be  distributed 
among  all  the  subscribers,  according  to  such  regulations  as  the  per- 
sons, having  charge  of  the  opening  of  the  subscription  books,  shall 
prescribe  before  the  opening  of  said  books.  And  any  seven  of  the 
persons  named  in  the  first  section  of  this  Act  are  hereby  author- 
ized to  call  the  first  meeting  of  said  corporation,  by  giving  notice, 
in  one  or  more  newspapers  published  in  the  city  of  Portland,  of 
the  time  and  place  and  the  purpose  of  such  meeting,  at  least 
twenty  days  before  the  time  mentioned  in  such  notice. 

Sect.  3.  That  the  president  and  directors,  for  the  time  being, 
are  hereby  authorized  and  empowered,  by  themselves  or  their 
agents,  to  exercise  all  the  powers  herein  granted  to  the  corporation, 
for  the  purpose  of  locating,  constructing,  and  completing  said  rail- 
road, and  for  the  transportation  of  persons,  goods,  and  property  of 
all  descriptions,  and  all  such  power  and  authority  for  the  manage- 
ment of  the  affairs  of  the  corporation,  as  may  be  necessary  and 
proper  to  carry  into  effect  the  objects  of  this  grant ;  to  purchase 
and  hold  land,  materials,  engines,  and  cars,  and  other  necesary 
things,  in  the  name  of  the  corporation,  for  the  use  of  said  road, 


MAINE.  151 

and  for  the  transportation  of  persons,  goods,  and  property  of  all 
descriptions ;  to  make  such  equal  assessments,  from  time  to  time, 
on  all  the  shares  in  said  corporation,  as  they  may  deem  expedient 
and  necessary  in  the  execution  and  the  progress  of  the  work,  and 
direct  the  same  to  be  paid  to  the  treasurer  of  the  corporation.  And 
the  treasurer  shall  give  notice  of  all  such  assessments,  and  in  case 
any  subscriber  or  stockholder  shall  neglect  to  pay  any  assessment  on 
his  share  or  shares,  for  the  space  of  thirty  days  after  such  notice 
is  given,  as  shall  be  prescribed  by  the  by-laws  of  said  corporation, 
the  directors  may  order  the  treasurer  to  sell  such  share  or  shares, 
at  public  auction,  after  giving  such  notice  as  may  be  prescribed  as 
aforesaid,  to  the  highest  bidder,  and  the  same  shall  be  transferred 
to  the  purchaser,  and  such  delinquent  subscriber  or  stockholder 
shall  be  held  accountable  to  the  corporation  for  the  balance,  if  his 
share  or  shares  shall  sell  for  less  than  the  assessment  due  thereon, 
with  the  interest  and  costs  of  sale ;  and  shall  be  entitled  to  the 
overplus,  if  his  share  or  shares  shall  sell  for  more  than  the  assess- 
ments due,  with  interest  and  costs  of  sale  :  Pi^ovided,  however^  that 
no  assessments  shall  be  laid  upon  any  shares  in  said  corporation  of 
a  greater  amount  in  the  whole  than  one  hundred  dollars. 

Sect.  4.  That  said  corporation  shall  have  power  to  make,  or- 
dain, and  establish,  all  necessary  by-laws  and  regulations,  consist- 
ent with  the  constitution  and  the  laws  of  this  State,  for  their  own 
government,  and  for  the  due  and  orderly  conducting  of  their 
affairs,  and  the  management  of  their  property. 

Sect.  5.  That  a  toll  be  and  hereby  is  granted  and  established, 
for  the  sole  benefit  of  said  corporation,  upon  all  passengers  and 
property  of  all  descriptions,  which  may  be  conveyed  or  transported 
upon  said  road,  at  such  rate  per  mile,  as  may  be  agreed  upon  and 
established,  from  time  to  time,  by  the  directors  of  said  corporation. 
The  transportation  of  persons  and  property,  the  construction  of 
wheels,  the  forms  of  cars  and  carriages,  the  weights  of  loads,  and 
all  other  matters  and  things,  in  relation  to  the  use  of  said  road,  shall 
be  in  conformity  with  such  rules,  regulations,  and  provisions,  as  the 
directors  shall,  from  time  to  time,  prescribe  and  direct :  Provided^ 
however,  that  if  at  the  expiration  of  twelve  years  from  and  after 
the  completion  of  said  road,  the  net  income  or  receipts  from 
lolls  and  other  profits,  taking  the  twelve  years  aforesaid  as  the 
basis  of  calculation,  shall  have  amounted  to  more  than  twelve  per 
cent,  per  annum,  upon  the  cost  of  the  road  and  incidental  expenses, 
the  legislature  may  alter  and  reduce  the  rate  of  tolls  and  other 


152        PORTLAND  AND  OXFORD  RAILROAD  COMPANY. 

profits,  SO  that  the  net  income  shall  not  exceed  twelve  per  cent,  for 
the  next  twelve  years,  calculating  the  amount  of  transportation  on 
the  road  to  be  the  same,  as  in  the  twelve  preceding  years,  and  at 
the  expiration  of  every  twelve  years  thereafter,  the  same  proceed- 
ings may  be  had  ;  and  further  jyrovided,  that  the  legislature  s!)all 
not,  at  any  time,  so  reduce  the  tolls  and  other  profits,  as  to  produce 
less  than  twelve  per  centum  upon  the  cost  of  said  railroad,  taking 
the  basis  of  calculation  as  aforesaid,  without  the  consent  of  said 
corporation.  And  provided,  further,  that  the  legislature  may,  in- 
stead of  reducing  said  tolls  and  profits  to  twelve  per  cent.,  appro- 
priate the  surplus  to  the  public  schools  of  the  State. 

Sect.  6.  That  the  legislature  may  authorize  any  other  company 
or  companies  to  connect  any  other  railroad  or  railroads  with  the 
railroad  of  said  corporation,  at  any  points  of  nitersection  on  the 
route  of  said  railroad.  And  said  corporation  shall  receive  and 
transport  all  persons,  goods,  and  property  of  all  descriptions,  which 
may  be  carried  and  transported  to  the  railroad  of  said  corporation, 
on  such  other  railroads  as  may  be  hereafter  authorized  to  be  con- 
nected therewith,  at  the  same  rates  of  toll  and  freight  as  may  be 
prescribed  by  said  corporation,  so  that  the  rates  of  freight  and  toll 
on  such  passengers,  goods,  and  other  property,  as  may  be  received 
from  such  other  railroads,  so  connected  with  said  railroad  as  afore- 
said, shall  not  exceed  the  general  rates  of  freight  and  toll  on  said 
railroad,  received  for  freight  and  passengers,  &c.  at  any  of  the  de- 
posits of  said  corporation. 

Sect.  7.  That  the  directors,  for  the  time  being,  are  hereby  au- 
thorized to  erect  toll  houses,  establish  gates,  appoint  toll  gatherers, 
and  demand  toll  on  the  road  when  completed,  and  upon  such  parts 
thereof  as  shall,  from  time  to  time,  be  completed. 

Sect.  8.  That  when  said  corporation  shall  take  any  land,  or 
other  estate  as  aforesaid,  of  any  infant,  person  non  compos  mentis, 
or  feme  covert  whose  husband  is  under  guardianship,  the  guardian 
of  such  infant,  or  such  person  iio7t  compos  mentis,  and  such  feme 
covert  with  the  guardian  of  her  husband,  shall  have  full  power 
and  authority  to  agree  and  settle  with  said  corporation  for  damages 
or  claims  for  damages,  by  reason  of  taking  such  land  and  estate 
aforesaid,  and  give  good  and  valid  releases  and  discharges  therefor. 

Sect.  9.  That  if  any  person  shall  wilfully  and  maliciously,  or 
wantonly  and  contrary  to  law,  obstruct  the  passage  of  any  carriage 
on  said  railroad,  or  in  any  way  spoil,  injure,  or  destroy  said  rail- 
road, or  any  part  thereof,  or  any  thing  belonging  thereto,  or  any 


MAINE.  153 

materials  or  implements  to  be  employed  in  the  construction,  or  for 
the  use  of  said  road,  he,  she,  or  they,  or  any  person  or  persons 
assisting,  aiding,  or  abetting  such  trespass,  shall  forfeit  and  pay  to 
said  corporation,  for  every  such  offence,  treble  such  damages  as 
shall  be  proved  before  the  justice,  court,  or  jury,  before  whom  the 
trial  shall  be  had,  to  be  sued  for  before  any  justice  or  in  any  court 
proper  to  try  the  same,  by  the  treasurer  of  the  corporation,  or  other 
officer  whom  they  may  direct,  to  the  use  of  said  corporation.  And 
such  offender  or  offenders  shall  be  liable  to  indictment,  by  the 
grand  jury  of  the  county  within  which  trespass  shall  have  been 
committed,  for  any  offence  or  offences,  contrary  to  the  above  pro- 
visions, and  upon  conviction  thereof,  before  any  court  competent 
to  try  the  same,  shall  pay  a  fine  not  exceeding  one  hundred  dollars, 
to  the  use  of  the  State,  or  may  be  imprisoned  for  a  term  not  ex- 
ceeding one  year,  at  the  discretion  of  the  court  before  whom  such 
conviction  may  be  had. 

Sect.  10.  That  the  annual  meeting  of  the  members  of  said  cor- 
poration shall  be  holden  on  the  first  Monday  in  June,  at  such  time 
and  place  as  the  directors  for  the  time  being,  shall  appoint,  at 
which  meeting  the  director  shall  be  chosen  by  ballot,  each  proprie- 
tor being  entitled  to  as  many  votes  as  he  holds  shares;  and  the 
directors  are  hereby  authorized  to  call  special  meetings  of  the 
stockholders,  whenever  they  shall  deem  it  expedient  and  proper, 
giving  such  public  notice  as  the  corporation  by  their  by-laws  shall 
direct. 

Sect.  11.  That  if  said  railroad,  in  the  course  thereof,  shall  cross 
any  private  way,  said  corporation  shall  so  construct  said  railroad 
as  not  to  obstruct  the  safe  and  convenient  use  of  such  private  way ; 
and  if  the  said  railroad  shall,  in  the  course  thereof,  cross  any  canal, 
turnpike,  railroad,  or  other  highway,  the  said  railroad  shall  be  so 
constructed  as  not  to  obstruct  the  safe  and  convenient  use  of  such 
canal,  turnpike,  or  other  highway ;  and  the  said  corporation  shall 
have  power  to  raise  or  lower  such  turnpike,  highway,  or  private 
way,  so  that  the  said  railroad,  if  necessary,  may  conveniently  pass 
under  or  over  the  same,  and  erect  such  gate  or  gates  thereon  as 
may  be  necessary  for  the  safety  of  travellers  on  said  turnpike,  rail- 
road, highway,  or  private  way. 

Sect.  12.  That  if  the  said  corporation  shall  not  have  been  organ- 
ized, and  the  location,  according  to  actual  survey  of  the  route,  filed 
with  the  county  commissioners  of  the  counties  through  which  the 
same  shall  pass,  on  or  before  the  first  day  of  January,  in  the  year 


154       PORTLAND  AND  OXFORD  RAILROAD  COMPANY. 

of  our  Lord  one  thousand  eight  hundred  and  forty-four,  or  if  said 
corporation  shall  fail  to  complete  said  railroad  on  or  before  the  first 
day  of  January,  eighteen  hundred  and  forty-eight,  in  either  of  the 
above  mentioned  cases  this  Act  shall  be  null  and  void. 

Sect.  13.  That  said  corporation  shall  constantly  maintain,  in 
good  repair,  all  bridges  with  their  abutments  and  embankments, 
which  they  may  construct  for  the  purpose  of  conducting  their  rail- 
road over  any  canal,  turnpike,  highway,  or  private  way,  or  for  con- 
ducting such  private  way  or  turnpike  over  said  railroad. 

Sect.  14.  That  if  said  railroad  shall  in  the  course  thereof,  cross 
any  tide  waters,  navigable  rivers  or  streams,  the  said  corporation 
be,  and  they  hereby  are  authorized  and  empowered  to  erect,  for 
the  sole  and  exclusive  travel  on  said  railroad,  a  bridge  across  each 
of  said  rivers  or  streams,  or  across  any  such  tide  waters  :  Provi- 
ded, said  bridge  or  bridges,  shall  be  so  constructed  as  not  to  obstruct 
or  impede  the  navigation  of  said  waters. 

Sect.  15.  That  the  books  of  said  corporation  shall,  at  all  times, 
be  open  to  the  inspection  of  the  Governor  and  Council,  and  of  any 
committee  duly  authorized  by  the  legislature,  and  at  the  expiration 
of  every  twelve  years,  the  treasurer  of  said  corporation  shall  make 
an  exhibit,  under  oath,  to  the  legislature,  of  the  net  profits  derived 
from  the  income  of  said  railroad. 

Sect.  16.  That  an  Act,  entitled  "an  Act  concerning  corpora- 
tions," passed  March  seventeenth,  in  the  year  of  our  Lord  one 
thousand  eight  hundred  and  thirty-one,  shall  not  extend  or  apply 
to  the  company  hereby  incorporated. 

Sect,  17.  That  the  said  corporation  shall,  at  all  times  when  the 
postmaster-general  shall  require  it,  be  holden  to  transport  the  mail 
of  the  United  States  from  and  to  such  place  or  places,  on  said  road, 
as  required,  for  a  fair  and  reasonable  compensation.  And  in  case 
the  corporation,  and  the  postmaster-general  shall  be  unable  to  agree 
upon  the  compensation  aforesaid,  the  legislature  of  the  State  shall 
determine  the  same ;  and  said  corporation,  after  they  shall  com- 
mence the  receiving  of  tolls,  shall  be  bound  at  all  times  to  have 
said  railroad  in  good  repair,  and  a  sufficient  number  of  suitable 
carriages  and  vehicles  for  the  transportation  of  persons  and  arti- 
cles, and  be  obliged  to  receive  at  all  proper  times  and  places  and 
convey  the  same,  when  the  appropriate  tolls  therefor  shall  be  paid 
or  tendered,  and  a  lien  is  hereby  created  on  all  articles  transported 
for  said  tolls.     Approved,  April  17,  1811. 


MAINE.  155 


Laws  of  1844,  Chap.  137. 

An  Act  extending  the  time  allowed  the  Portland  and  Oxford  Railroad  Company  to 
survey  their  route  and  complete  said  road. 

Be  it  enacted.  c5"c.  That  a  further  time  of  five  years,  from  the 
first  day  of  January,  iu  the  year  eighteen  hundred  and  forty-four, 
is  hereby  allowed  to  the  Portland  and  Oxford  Railroad  Company, 
to  complete  the  survey  and  construction  of  said  road.  Approved, 
February  15,  1844. 


PALMER    AND   MACHIAS   PORT   RAILROAD   CORPORATION. 

INCORPORATED  IN   MAINE  IN  1842. 

Chapter  13  o/  the  Laics  of  1842  contains  the  charter. 

Sect.  1  grants  corporate  powers,  subject  to  the  provisions  of  chapter  7G  of  the  Revised 

Statutes,  describes  the  route  and  authorizes  them  to  lay  out  their  road  five  rods 

wide. 
Sect.  2  provides  that  the  capital  stock  shall  consist  of  500  shares  of  $100  each,  and 

vests  the  government  in  three  directors,  to  be  chosen  by  the  Corporation. 
Sect.  3  defines  the  powers  and  duties  of  the  President  and  Directors,  authorizing 

them  to  make  assessments  not  exceeding  $100  on  each  share. 
Sect.  4  grants  a  toll ;  the  rates  of  toll  and  other  things  relating  to  the  use  of  the 

road  to  be  determined  by  the  Directors. 
Sect.  5  entitles  each  shareholder  to  an  equal  number  of  votes  with  the  shares  he 

holds. 
Sect.  6  establishes  the  manner  of  crossing  any  private  way,  town  way,  or  highway, 

authorizing  them  to  raise  or  lower  the  same,  if  necessary  ;  and  requires  them  to 

make  reasonable  alterations  therein,  at  the  request  of  the  Selectmen  of  any  toA\-n, 

and  in  neglect  thereof  the  Selectmen  may  make  such  alterations  and  institute  an 

action  therefor  against  the  Corporation. 
Sect.  7  provides  that,  if  said  road  shall  not  have  been  completed  on  or  before  January 

1,  1844,  this  Act  shall  be  void. 

Chap.  226  of  the  Special  Laws  of  1845  contains  an  additional  Act. 

Sect.  1  changes  the  name  to  "The  Machias  Port  Railroad." 

Sect.  2  authorizes  the  Company  to  increase  their  stock  to  $100,000. 


Laws  of  1842,  Chap.  13. 
An  Act  to  incorporate  the  Palmer  and  Machias  Port  Piailroad  Corporation. 

Sect.  1.  Beit  enacted,  S^-c.  That  John  W.  Trull,  Mark  Healy, 
and  Bela  Hunting,  their  associates,  successors,  and  assigns,  be  and 


156         PALMER    AND    MACHIAS    PORT    RAILROAD    CORPORATIOX. 

they  hereby  are,  made  a  corporation,  by  the  name  of  the  Pahiier  and 
Machias  Port  Raih'oad  Corporation,  with  all  the  po\vers  and  priv- 
ileges, and  subject  to  all  the  liabilities  prescribed  in  the  seventy- 
sixth  chapter  of  the  Revised  Statutes  ;  and  the  said  corporation  are 
hereby  authorized  and  empowered  to  locate  and  construct  a  railroad 
from  Middle  Falls,  so  called,  to  Machias  Port;  the  proposed  rail- 
road commencing  and  pursuing  the  course  following,  viz  :  a  south- 
easterly course  from  Middle  Falls  in  said  Machias  to  Machias  Port, 
crossing  the  county  road  in  said  Machias,  leading  from  Machias 
village  to  Jonesborough,  about  one  mile  from  said  village;  and  the 
said  corporation  are  authorized  to  lay  out  their  road,  not  exceeding 
five  rods  wide,  through  the  whole  extent  above  named. 

Sect.  2.  The  capital  of  said  corporation  shall  consist  of  five 
hundred  shares  of  one  hundred  dollars  each,  and  the  immediate 
government  and  direction  of  the  affairs  of  said  corporation  shall 
be  vested  in  three  directors,  who  shall  be  chosen  by  the  members 
of  the  corporation. 

Sect.  3.  The  president  and  directors  for  the  time  being,  are 
hereby  authorized  and  empowered,  by  themselves  or  their  agents, 
to  exercise  all  the  powers  herein  granted  to  the  corporation,  for  the 
purpose  of  locating  and  constructing  said  railroad,  and  for  the 
transporting  of  persons,  goods,  and  merchandise,  and  all  such  other 
powers  and  authority,  for  the  management  of  the  affairs  of  the 
corporation,  not  heretofore  granted,  as  may  be  necessary  or  proper 
to  carry  into  effect  the  objects  of  this  grant,  to  purchase  and  hold 
lands,  materials,  engines,  cars,  and  other  necessary  things,  in  the 
name  of  the  corporation,  for  the  use  of  the  said  road,  and  for  the 
transportation  of  persons,  goods,  and  merchandise,  to  make  such 
equal  assessments  from  time  to  time,  on  all  the  shares  in  said  cor- 
poration, as  they  may  deem  expedient  and  necessary,  and  direct 
the  same  to  be  paid  to  the  treasurer  of  the  corporation ;  i^rovided^ 
that  no  assessment  shall  be  laid  upon  any  shares  in  said  corporation 
of  a  greater  amount  in  the  whole  than  one  hundred  dollars  on  each 
share. 

Sect.  4.  A  toll  is  hereby  granted  and  established  for  the  sole 
benefit  of  said  corporation,  upon  all  passengers  and  property  of  all 
descriptions,  which  may  be  conveyed  or  transported  upon  said 
road,  at  such  rates  as  may  be  established  from  time  to  time  by  the 
directors  of  the  corporation.  And  the  transportation  of  persons 
and  property,  the  construction  of  wheels,  the  form  of  cars  and 
carriages,  the  weight  of  loads,  and  all  other  matters  and  things  in 
relation  to  the  use  of  said  road,  shall  be  in  conformity  to  such 


MAINE.  157 

rules,  regulations,  and  provisions,  as  the  directors  shall  from  time 
to  time  prescribe  and  direct. 

Sect.  5.  At  all  meetings  of  said  corporation  each  proprietor 
shall  be  entitled  to  as  many  votes  as  he  holds  shares. 

Sect.  6.  If  the  said  railroad,  or  the  course  thereof  cross  any 
highway,  town  way,  or  private  way,  the  said  railroad  shall  be  so 
constructed  as  not  to  impede  or  obstruct  the  safe  and  convenient 
use  of  such  highway,  town  way,  or  private  way;  and  the  said 
corporation  shall  have  power  to  raise  or  lower  such  highway, 
town  way,  or  private  way  so  that  the  said  railroad  may  conve- 
niently pass  the  same ;  and  if  the  said  corporation  shall  not  raise 
or  lower  the  same  to  the  satisfaction  of  the  selectmen  of  the  town, 
in  which  the  same  is  situated,  the  said  selectmen  may  require,  in 
writing,  such  alteration  or  amendment  as  they  may  think  neces- 
sary; and  if  the  same  be  reasonable  and  proper,  and  the  corpo- 
ration shall  neglect  to  make  the  same,  the  said  selectmen  may 
proceed  to  make  such  alteration  and  amendment,  and  may  insti- 
tute and  prosecute  to  final  judgment  and  execution  in  any  court 
proper  to  try  the  same,  an  action  of  the  case  against  said  corpo- 
ration, and  shall  therein  recover  a  reasonable  indemnity  in  damage 
for  all  charges,  disbursements,  labor,  and  services  occasioned  by 
makmg  such  alteration  or  amendment,  with  costs  of  suit. 

Sect.  7.  If  the  said  corporation  shall  fail  to  complete  the  said 
road  on  or  before  the  first  day  of  January,  in  the  year  of  our  Lord 
one  thousand  eight  hundred  and  forty-four,  this  Act  shall  be  void. 
Approved,  March  3,  1842. 

Laws  of  1845,  Chap.  226. 

An  Act  to  change  tlie  name  and  increase  the  capital  stock  of  the  Pahner  and 
Machias  Port  Railroad  Corporation. 

Sect.  1.  Be  it  enacted^  ^'c.  That  said  corporation  shall  be 
allowed  to  take  the  name  of  the  Machias  Port  Railroad,  by  which 
name  it  shall  hereafter  be  known  instead  of  the  name  expressed  in 
the  original  Act  of  incorporation. 

Sect.  2.  Said  corporation  is  hereby  authorized  to  increase  its 
capital  stock,  to  the  amount  of  one  hundred  thousand  dollars,  by 
the  addition  of  five  hundred  shares,  of  one  hundred  dollars  each, 
to  the  present  stock  of  said  corporation.  Approved-,  February  28. 
1845. 

14 


158  BATH    AND    PORTLAND    RAILROAD    COMPANY. 

BATH   AND   PORTLAND    RAILROAD   COMPAISTY. 

INCORPORATED    IN    MAINE    IN    1844. 

Chap  146  of  the  Special  Laws  of  1844  contaijis  the  charter. 

Sect.  1  grants  corporate  powers,  subject  to  the  provisions  of  chapter  81  of  the 
Revised  Statutes ;  authorizes  them  to  lajj,  one  or  more  sets  of  rails,  and  describes 
the  route ;  it  also  authorizes  them  to  take  and  hold  sufficient  real  estate  for  the 
purposes  of  the  road,  not  exceeding  four  rods  in  width,  paying  therefor  damages, 
if  not  agreed  upon,  to  be  determined  by  the  County  Commissioners,  in  the  same 
manner  as  in  lands  taken  for  highways ;  application  to  be  made  to  said  Commis- 
sioners within  tliree  years  from  the  time  of  taking  the  land. 

Sect.  2  provides  that  the  capital  stock  shall  consist  of  not  less  than  4000  nor  more 
than  12,000  shares ;  vests  the  government  in  seven,  nine,  or  thirteen  Directors,  and 
proA'ides  for  the  choice  of  officers ;  it  directs  that  books  for  subscriptions  to  the 
stock  shall  be  opened,  to  remain  open  for  ten  days,  after  twenty  days'  public  notice 
thereof;  and  if  the  shares  subscribed  for  shall  exceed  12,000,  they  shall  be  dis- 
tributed among  the  subscribers,  according  to  previous  regulations  ;  it  also  dii-ects 
the  mode  of  organization. 

Sect.  3  defines  the  powers  and  duties  of  the  President  and  Directors,  authorizing 
them  to  make  equal  assessments,  not  exceeding  $100  on  each  share,  and  to  sel^ 
shares  for  non-payment  of  assessments. 

Sect.  4  authorizes  them  to  make  by-laws  not  repugnant  to  the  laws  of  the  State. 

Sect.  5  provides  that  section  23  of  chapter  26  of  the  Revised  Statutes  shall  not  apply 
to  this  Company. 

Sect.  6  grants  a  toll ;  the  rates  of  toll  and  other  things  relating  to  the  iise  of  the 
road,  to  be  determined  by  the  Directors ;  provided  that,  if  at  the  end  of  twelve  years 
from  the  completion  of  the  road,  the  net  income  for  said  twelve  years  shall  have 
exceeded  12  per  cent,  on  its  cost,  the  Legislature  may  reduce  the  rates  of  toll  to  that 
sum,  and  so  at  the  end  of  each  twelve  years  ;  or  such  surplus  may  instead  thereof 
be  appropriated  to  the  public  schools  of  the  State. 

Sect.  7  provides  that  other  Companies  may  be  authorized  to  connect  their  roads  with 
tMs  road,  and  their  passengers  and  articles  shall  be  transported  on  this  road  at 
the  rates  of  toll  prescribed  by  this  Company. 

Sect.  8  authorizes  the  Directors  to  erect  toll-houses  and  collect  tolls. 

Sect.  9  empowers  the  guardian  of  an  infant,  or  person  non  compos  mentis,  a  feme 
covert,  whose  husband  is  under  guardianship,  and  his  guardian,  to  release  land 
damages. 

Sect.  10  provides  that  any  person  wilfully  placing  obstructions  on  the  road,  or  injur- 
ing the  Company's  property  or  any  materials  or  implements  used  in  the  construc- 
tion of  the  road,  or  any  person  abetting  therein,  shall  forfeit  to  the  Corporation 
treble  the  amount  of  damages,  to  be  recovered  in  an  action,  and  shall  be  liable  to 
indictment,  and  fine  or  imprisonment. 

Sect.  11  appoints  the  time  of  the  aimual  meeting,  when  Directors  shall  be  chosen; 
it  authorizes  them  to  call  special  meetings,  if  necessary. 

Sect.  12  directs  the  mode  of  crossing  any  private  way,  highway,  canal,  or  turnpike; 
authorizing  them  to  raise  or  lower  any  turnpike,  highway,  or  private  way,  and 


MAINE.  159 

requiring  them  to  erect  gates  thereon  for  the  security  of  travellers,  and  to  pay 
damages  for  cattle  killed  by  the  railroad. 

Sect.  13  provides,  if  the  Corporation  shall  not  have  been  organized,  and  the  location 
filed  on  or  before  December  31, 1846,  or  the  road  completed  on  or  before  December 
31,  1850,  that  this  Act  shall  be  void. 

Sect.  14  requires  them  to  maintain  bridges  over  all  crossings. 

Sect.  15  authorizes  them  to  construct  bridges  over  navigable  waters,  for  their  exclu- 
sive use,  so  as  not  to  obstruct  navigation ;  the  corporation  being  liable  for  damages 
occasioned  by  unreasonable  detention. 

Sect.  16  provides  that  the  books  shall  be  open  to  the  inspection  of  the  Governor  and 
Council,  and  of  any  Committee  of  the  Legislature,  and  that  at  the  end  of  each 
year  the  Treasiirer  shall  exhibit,  under  oath,  to  the  Legislature  the  net  profits  of 
the  road. 

Sect.  17  enacts  that  they  shall,  when  required,  transport  the  XT.  S.  Mail  for  a  com- 
pensation, if  not  agreed  upon  to  be  determined  by  the  Legislature ;  and  that,  after 
the  completion  of  the  road,  they  shaU  be  bound  to  keep  it  in  good  repair,  to  pro- 
vide suitable  cars  and  engines,  and  to  transport  all  passengers  and  articles,  having 
a  lien  on  the  latter  for  their  freight. 

Sect.  18  provides  that  any  person  performing  labor  or  furnishing  materials  for  said 
railroad,  shall  have  a  lien  thereon  for  their  value  and  upon  theii-  right  to  redeem, 
if  under  mortgage ;  such  lien  to  continue  for  one  year  after  the  payment  thereof 
shall  become  due. 

Sect.  19  authorizes  an  attachment  of  said  railroad  and  appurtenances,  or  such  right 
of  redemption,  to  enforce  such  lien,  within  three  years  ;  said  attachment  to  have 
precedence  of  other  attachments. 

Sect.  20  provides,  if  the  sum  justly  due  shall  be  tendered  to  the  creditor,  that  such 
Ken  shall  cease. 

Sect.  21  enacts  that  real  estate  taken  and  held  by  the  Company  shall  be  taxed  to 
them  where  it  is  situated,  and  a  lien  be  had  thereon  for  the  payment  of  the 
tax ;  and  that  shares  shall  be  deemed  personal  property,  and  be  taxed  to  share- 
holders. 

Chapter  224  of  the  Special  Laws  of  1845  contains  an  additional  Act. 

Sect.  1  amends  section  18  of  the  original  Act,  so  that  the  lien  therein  named  shall 
continue  thirty  days,  instead  of  one  year ;  and  amends  section  19,  so  that  the  time 
for  securing  said  lien  by  attachment  shall  be  thirty  days,  instead  of  three  years. 

Sect.  2  provides  that  the  words  "  one  year,"  in  section  18,  and  "  three  years,"  in 
section  19,  be  stricken  out  and  "  thirty  days  "  inserted  therein. 

Sect.  3  provides  that  this  Act,  when  accepted,  shall  be  part  of  said  Act. 


Laws  op  1844,  Chap.  146. 

An  Act  to  establish  the  Bath  and  Portland  Railroad  Company. 

Sect.   1.    Be   it   enacted,  ^-c.    That   James   McLellau,    George 
Patten,  William  Richardson,  Thomas  D.  Robinson,  Levi  Haugh- 


160  BATH   AND   PORTLAND    RAILROAD    COMPANY. 

ton,  John  Patten,  Joseph  Sewall,  William  M.  Rogers,  Thomas  M. 
Reed,  Moses  Riggs,  Bernard  C.  Bailey.  David  C.  Magoon,  John 
Henry,  Robert  H.  McKown,  Jacob  Robinson,  William  D.  Sewall, 
Oliver  Moses,  and  Scott  Morse,  their  associates,  successors,   and 
assigns,  are  created  a  body  politic  and  corporate  by  the  name  of 
the  Bath  and  Portland  Railroad  Company,  and  by  that  name  shall 
have  all  the  powers,  privileges,  and  immunities,  and  be  subject  to 
all  the  duties  and  liabilities,  provided  and  prescribed  in  chapter 
eighty-one  of  the  Revised  Statutes,  and  shall  be  and  hereby  are 
invested  with  all  the  powers,  privileges,  and  immunities,  which 
are  or  may  be  necessary  to  carry  into  effect  the  purposes  and  ob- 
jects of  this  Act  as  hereinafter  set  forth.     And  the  said  corporation 
are  hereby  authorized  and  empowered  to  locate,  construct,  and 
finally  complete,  alter,  and  keep  in  repair  a  railroad  with  one  or 
more  sets  of  rails  or  tracks,  with  all  suitable  bridges,  viaducts, 
turnouts,  culverts,   drains,   and   all   other  necessary  appendages, 
from  some  point  or  place  in  the  town  of  Bath,  through  the  towns 
of  West   Bath,    Brunswick,   Freeport,  to   a   point   north    of  the 
academy,  in  North  Yarmouth,  through  Cumberland,  Falmouth, 
and  Westbrook,  to  some  place  in  or  near   the  city  of  Portland. 
And  for  this  purpose  said  corporation  shall  have  the  right  to  take 
and  hold  so  much  of  the  land,  and  other  real  estate  of  private 
persons,  as  may  be  necessary  for  the  location,  construction,  and 
convenient  operation  of  their  railroad ;  and  they  shall  have  also 
the  right  to  take,  remove,  and  use  for  the  construction  and  repair 
of  said  railroad  and  appurtenances,  any  earth,  gravel,  stone,  tim- 
ber, or  other  materials,  on  or  from  the  land  so  taken.     Provided, 
however,  that  said  land  so  taken  shall  not  exceed  four  rods  in 
width,  except  where  greater  width  is  necessary  for  the  purpose  of 
excavation  or  embankment.     And  j)rovided,  also,  that  in  all  cases 
said  corporation  shall  pay  for  such  lands,  estate,  or  materials  so 
taken  and  used,  such  price  as  they  and  the  owner  or  respective 
owners  thereof  may  mutually  agree  on ;  and  in  case  said  parties 
shall  not  otherwise  agree,  then  said  corporation  shall  pay  such 
damages  as  shall  be  ascertained  and  determined  by  the  county 
commissioners,  for  the  county  where  such  land  or  other  property 
may  be  situated,  in  the  same  manner  and  under  the  same  condi- 
tions and  limitations,  as  are  by  law  provided  in  the  case  of  dama- 
ges by  laying  out  of  highways.     And  no  application  to  said  com- 
missioners to  estimate  said  damages   shall   be  sustained,  unless 
made  within  three  years  from  the  time  of  taking  such  land  or 


MAINE.  161 

Other  property;  and  in  case  such  railroad  shall  pass  through  any 
wood-lands  or  forests,  the  said  company  shall  have  the  right  to  fell 
or  remove  any  trees  standing  therein,  within  four  rods  from  such 
road,  which  by  their  liability  to  be  blown  down  or  from  their 
natural  falling  might  obstruct  or  impair  said  railroad,  by  paying  a 
just  compensation  therefor,  to  be  recovered  in  the  same  manner  as 
is  provided  for  the  recovery  of  other  damages  in  this  Act. 

Sect.  2.  The  capital  stock  of  said  corporation  shall  consist  of 
not  less  than  four  thousand,  nor  more  than  twelve  thousand  shares  ; 
and  the  immediate  government  and  direction  of  the  affairs  of  said 
corporation  shall  be  vested  in  seven,  nine,  or  thirteen  directors,  who 
shall  be  chosen  by  the  members  of  said  corporation  in  the  manner 
hereinafter  provided,  and  shall  hold  their  offices  until  others  shall 
have  been  duly  elected  and  qualified  to  take  their  places,  a  major- 
,  ity  of  whom  shall  form  a  quorum  for  the  transaction  of  business ; 
and  they  shall  elect  one  of  their  number  to  be  the  president  of  the 
board,  who  shall  also  be  the  president  of  the  corporation;  and 
shall  have  authority  to  choose  a  clerk,  who  shall  be  sworn  to  the 
faithful  discharge  of  his  duty,  and  a  treasurer  who   shall  give 
bonds  to  the  corporation,  with  sureties  to  the  satisfaction  of  the 
directors,  in  a  sum  not  less  than  thirty  thousand  dollars,  for  the 
faithful  discharge  of  his  trust.     And  for  the  purpose  of  receiving 
subscriptions  to  said  stock,  books  shall  be  opened,  under  the  direc- 
tion of  the  persons  named  in  the  first  section  of  this  Act,  in  the 
towns  of  Bath,  Brunswick,  Freeport,  North  Yarmouth,  and  the 
city  of  Portland,  in  this  State,  and  the  city  of  Boston,  in  Massa- 
chusetts, and  elsewhere,  as  they  shall  appoint,  to  remain  open  for 
ten  successive  days,   of  which   time  and   place   of  subscription, 
public  notice  shall  be  given  in  some  newspaper  printed  in  Bath, 
Portland,  and  Boston,  twenty  days  at  least,  previous  to  the  open- 
ing such  subscription ;  and  in  case  the  amount  subscribed  shall 
exceed  twelve  thousand  shares,  the  same  shall  be  distributed  among 
all  the  subscribers,  according  to  such  regulations  as  the  persons 
having  charge  of  the  opening  of  the  subscription  books  shall  pre- 
scribe before  the  opening  of  said  books.     And  any  seven  of  the 
persons  named  in  the  first  section  of  this  Act,  are  hereby  authorized 
to  call  the  first  meeting  of  said  corporation,  by  giving  notice  in  one 
or  more  newspapers,  published  in  the  towns  and  cities  above  named, 
of  the  time  and  place,  and  the  purpose  of  such  meeting,  at  least 
twenty  days  before  the  time  mentioned  in  such  notice. 

Sect.  3.  The   president  and  directors  for   the  time  being  are 

14* 


162        BATH  AND  PORTLAND  RAILROAD  COMPANY. 

hereby  authorized  and  empowered,  by  themselves  or  their  agents, 
to  exercise  all  the  powers  herein  granted  to  the  corporation,  for  the 
purpose  of  locating,  constructing,  and  completing  said  railroad,  and 
for  the  transportation  of  persons,  goods,  and  property  of  all  descrip- 
tions, and  all  such  power  and  authority  for  the  management  of  the 
affairs  of  the  corporation,  as  may  be  necessary  and  proper  to  carry 
into  effect  the  objects  of  this  grant;  to  purchase  and  hold  land, 
materials,  engines,  and  cars,  and  other  necessary  things,  in  the 
name  of  the  corporation,  for  the  use  of  said  road,   and  for  the 
transportation  of  persons,  goods,  and  property  of  all  descriptions ; 
to  make  such   equal  assessments  from  time  to  time,  on  all  the 
shares   in   said   corporation,    as  they   may   deem   expedient   and 
necessary,  in   the  execution  and  the  progress  of  the  work,  and 
direct  the  same  to  be  paid  to  the  treasurer  of  the  corporation. 
And  the  treasurer  shall  give  notice  of  all  such  assessments ;  and 
in  case  any  subscriber  or  stockholder  shall  neglect  to  pay  any 
assessment  on  his  share  or  shares  for  the  space  of  thirty  days, 
after  such  notice  is  given  as  shall  be  prescribed  by  the  by-laws  of 
said  corporation,  the  directors  may  order  the  treasurer  to  sell  such 
share  or  shares,  at  public  auction,  after  giving  such  notice  as  may 
be  prescribed  as  aforesaid,  to  the  highest  bidder,  and  the  same 
shall  be  transferred  to  the  purchaser ;  and  such   delinquent  sub- 
scriber or  stockholder  shall  be  held  accountable  to  the  corporation 
for  the  balance,  if  his  share  or  shares  shall  sell  for  less  than  the 
assessments  due  thereon,  with  interest  and  costs  of  sale;  and  shall 
be  entitled  to  the  overplus,  if  his  share  or  shares  shall  sell  for  more 
than  the  assessments  due,  with  interests  and  costs  of  sale  ;  jyrovided^ 
however^  that  no  assessments  shall  be  laid  upon  any  shares  in  said 
corporation  of  greater  amount  in  the  whole  than  one  hundred 
dollars. 

Sect.  4.  And  said  corporation  shall  have  power  to  make,  or- 
dain, and  establish  all  necessary  by-laws  and  regulations,  con- 
sistent with  the  constitution  and  the  laws  of  this  State,  for  their 
own  government,  and  for  the  due  and  orderly  conducting  of  their 
affairs,  and  the  management  of  their  property. 

Sect.  5.  The  twenty-third  section  of  the  seventy-sixth  chapter 
of  the  Revised  Statutes,  shall  not  apply  or  extend  to  the  company 
hereby  incorporated. 

Sect.  G.  A  toll  be  and  hereby  is  granted  and  established,  for  the 
sole  benefit  of  said  corporation,  upon  all  passengers,  and  property 
of  all  descriptions,  which  may  be  conveyed  or  transported  upon 


MAINE.  .  163 

said  road,  at  such  rate  per  mile  as  may  be  agreed  upon  and  estab- 
lished from  time  to  time  by  the  directors  of  said  corporation.  The 
transportation  of  persons  and  property,  the  construction  of  wheels, 
the  forms  of  cars  and  carriages,  the  weights  of  loads,  and  all  other 
matters  and  things  in  relation  to  the  use  of  said  road,  shall  be  in 
conformity  with  such  rules,  regulations,  and  provisions,  as  the 
directors  shall  from  time  to  time  prescribe  and  direct;  Pi^ovided, 
hoivever,  that  if,  at  the  expiration  of  twelve  years  from  and  after 
the  completion  of  said  road,  the  net  income  or  receipts  from  tolls 
and  other  profits,  taking  the  twelve  years  aforesaid  as  the  basis  of 
calculation,  shall  have  amounted  to  more  than  twelve  per  centum 
per  annum  upon  the  cost  of  the  road  and  incidental  expenses,  the 
legislature  may  alter  and  reduce  the  rate  of  tolls,  and  other  profits, 
so  that  the  net  income  shall  not  exceed  twelve  per  centum  for  the 
next  twelve  years,  calculating  the  amount  of  transportation  on  the 
road  to  be  the  same  as  in  the  twelve  preceding  years ;  and  at  the 
expiration  of  every  twelve  years  thereafter,  the  same  proceedings 
may  be  had.  Aiid  further  jirovided,  that  the  legislature  shall  not 
at  any  time  so  reduce  the  tolls  and  other  profits,  as  to  produce  less 
than  twelve  per  centum  upon  the  cost  of  said  railroad,  taking  the 
basis  of  calculation  as  aforesaid,  without  the  consent  of  said  cor- 
poration. And  provided  further,  that  the  legislature  may,  instead 
of  reducing  said  tolls  and  profits  to  twelve  per  centum,  appropriate 
the  surplus  to  the  public  schools  of  the  State. 

Sect.  7.  The  legislature  may  authorize  any  other  company  or 
companies,  to  connect  any  other  railroad  or  railroads  with  the  rail- 
road of  said  corporation,  at  any  points  of  intersection  on  the  route 
of  said  railroad.  And  said  corporation  shall  receive  and  transport 
all  persons,  goods,  and  property  of  all  descriptions,  which  may  be 
carried  and  transported  to  the  railroad  of  said  corporation,  on  such 
other  railroads  as  may  be  hereafter  authorized  to  be  connected 
therewith,  at  the  same  rates  of  toll  and  freight,  as  may  be  pre- 
scribed by  said  corporation,  so  that  the  rates  of  freight  and  toll  on 
such  passengers,  goods,  and  other  property  as  may  be  received 
from  such  other  railroads,  so  connected  with  said  railroad  as 
aforesaid,  shall  not  exceed  the  general  rates  of  freight  and  toll,  on 
said  railroad,  received  for  freight  and  passengers,  at  any  of  the 
deposits  of  said  corporation. 

Sect.  8.  The  directors  of  said  corporation  for  the  time  being, 
are  hereby  authorized  to  erect  toll-houses,  establish  gales,  appoint 
toll  gatherers,  and  demand  toll  on  the  road,  when  completed,  and 
upon  such  parts  thereof  as  shall  from  time  to  time  be  completed. 


164  BATH   AND    PORTLAND    RAILROAD    COJIPANY. 

Sect.  9.  When  said  corporation  shall  take  any  land  or  other 
estate  as  aforesaid,  of  any  infant,  person  non  compos  mentis^  or 
feme  covert,  whose  husband  is  under  guardianship,  the  guardian 
of  such  infant,  or  person  non  compos  mentis^  and  such  feme  covert, 
with  the  guardian  of  her  husband,  shall  have  full  power  and  au- 
thority to  agree  and  settle  with  said  corporation,  for  damages  or 
claims  for  damages  by  reason  of  taking  such  land  and  estate  afore- 
said, and  give  good  and  valid  releases  and  discharges  therefor. 

Sect.  10.  If  any  person  shall  wilfully  and  maliciously,  or  wan- 
tonly and  contrary  to  law,  obstruct  the  passage  of  any  carriage  on 
said  railroad,  or  in  any  way  spoil,  injure,  or  destroy  said  railroad, 
or  any  part  thereof,  or  any  thing  belonging  thereto,  or  any  mate- 
rials or  implements  to  be  employed  in  the  construction,  or  for  the 
use  of  said  road,  he,  she,  or  they,  or  any  person  or  persons  assist- 
ing, aiding,  or  abetting  such  trespass,  shall  forfeit  and  pay  to  said 
corporation  for  every  such  offence,  treble  such  damages  as  shall  be 
proved  before  the  justice  court,  or  jury,  before  whom  the  trial  shall 
be  had,  to  be  sued  for  before  any  justice  or  in  any  court  proper  to 
try  the  same,  by  the  treasurer  of  the  corporation,  or  other  officer 
whom  they  may  direct,  to  the  use  of  said  corporation.  And  such 
offender  or  offenders  shall  be  liable  to  indictment,  by  the  grand 
jury  of  the  county,  within  which  trespass  shall  have  been  com- 
mitted, for  any  offence  or  offences  contrary  to  the  above  provisions, 
and  upon  conviction  thereof,  before  any  court  competent  to  try  the 
same,  shall  pay  a  fine,  not  exceeding  one  hundred  dollars,  to  the 
use  of  the  State,  or  may  be  imprisoned  for  a  term  not  exceeding 
one  year,  at  the  discretion  of  the  court  before  whom  such  convic- 
tion may  be  had. 

Sect.  11.  The  annual  meeting  of  the  members  of  said  corpora- 
tion shall  be  holden  on  the  second  Monday  in  June,  at  such  time 
and  place  as  the  directors  for  the  time  being  shall  appoint,  at  which 
meeting,  the  directors  shall  be  chosen  by  ballot,  each  proprietor 
being  entitled  to  as  many  votes  as  he  holds  shares ;  and  no  propri- 
etor shall  be  entitled  to  more  than  one  thousand  votes.  And  the 
directors  are  hereby  authorized  to  call  special  meetings  of  the 
stockholders,  whenever  they  shall  deem  it  expedient  and  proper, 
giving  such  notice  as  the  corporation  by  their  by-laws  shall  direct. 

Sect.  12.  If  the  said  railroad  in  the  course  thereof,  shall  cross 
any  private  way,  canal,  turnpike,  railroad,  or  other  highway,  the 
said  railroad  shall  be  so  constructed  as  not  to  obstruct  the  safe  and 
convenient  use  of  such  private  way,  canal,  turnpike,  railroad,  or 
other  highway,  and  the  said  corporation  shall  have  power  to  raise 


MAINE.  165 

or  lower  such  turnpike,  highway,  or  private  way,  so  that  the  said 
raih'oad  may,  if  necessary,  conveniently  pass  under  or  over  the 
same,  and  erect  such  gate  or  gates  thereon,  as  may  be  necessary 
for  the  safety  of  travellers  on  said  turnpike,  railroad,  highway,  or 
private  way ;  and  said  corporation  shall  be  liable  and  holden  to 
pay  all  damages  that  any  person  or  persons  may  sustain  in  their 
oxen,  cows,  or  other  neat  stock,  occasioned  by  such  railroad. 

Sect.  13.  If  the  said  corporation  shall  not  have  been  organized, 
and  the  location  according  to  actual  survey  of  the  route  filed  with 
the  county  commissioners,  of  the  counties  through  which  the  same 
shall  pass,  on  or  before  the  thirty-first  day  of  December,  in  the  year 
of  our  Lord  eighteen  hundred  and  forty-six,  or  if  the  said  corpo- 
ration shall  fail  to  complete  said  railroad  on  or  before  the  thirty- 
first  day  of  December,  in  the  year  of  our  Lord  one  thousand  eight 
hundred  and  fifty,  m  either  of  the  above  mentioned  cases,  this  Act 
shall  be  null  and  void. 

Sect.  14.  Said  railroad  corporation  shall  constantly  maintain  in 
good  repair  all  bridges,  with  their  abutments  and  embankments, 
which  they  may  construct  for  the  purpose  of  conducting  their  rail- 
road over  any  canal,  turnpike,  highway,  or  private  way,  or  for 
conducting  such  private  way,  highway,  or  turnpike,  over  said  rail- 
road. And  it  shall  be  the  duty  of  said  railroad  corporation,  be- 
fore commencing  the  work  of  raising  or  lowering  any  turnpike  or 
other  Avay,  to  request  the  direction  of  the  county  commissioners 
as  to  the  mode  of  raising  or  lowering  the  same;  and  it  shall  be  the 
duty  of  said  commissioners,  after  due  notice  to  the  parties  inter- 
ested, to  direct  the  mode  of  performing  said  work;  and  their  de- 
cision shall  be  final. 

Sect.  15.  If  said  road  shall  in  the  course  thereof,  cross  any  tide 
waters,  navigable  rivers  or  streams,  the  said  corporation  is  hereby 
authorized  and  empowered  to  erect  for  the  sole  and  exclusive  travel 
on  their  said  railroad,  a  bridge  across  each  of  said  rivers  or  streams, 
or  across  any  such  tide  waters ;  provided,  said  bridge  or  bridges 
shall  be  so  constructed  as  not  to  prevent  the  navigating  said 
waters;  and  said  corporators  shall  be  liable  for  all  damages  sus- 
tained by  individuals  in  consequence  of  unreasonable  detention. 

Sect.  16.  The  books  of  said  corporation  shall  at  all  times  be 
open  to  the  inspection  of  the  governor  and  council,  and  of  any 
committee  duly  authorized  by  the  legislature,  and  at  the  expiration 
of  every  twelve  years  the  treasurer  of  said  corporation  shall  make 
an  exhibit,  under  oath,  to  the  legislature,  of  the  net  profits  derived 
from  the  income  of  said  railroad. 


166  BATH    AND    PORTLAND    RAILROAD    COMPANY. 

Sect.  17.  The  said  corporation  shall  at  all  times,  when  the  post- 
master-general shall  require  it,  be  holden  to  transport  the  mail  of 
the  United  States  from  and  to  such  place  or  places  on  said  road 
as  required,  for  a  fair  and  reasonable  compensation.  And  in  case 
the  corporation  and  the  postmaster-general  shall  be  unable  to  agree 
upon  the  compensation  aforesaid,  the  legislature  of  the  State  shall 
determine  the  same.  And  said  corporation,  after  they  shall  com- 
mence the  receiving  of  tolls,  shall  be  bound  at  all  times  to  have 
said  railroad  in  good  repair,  and  a  sufficient  number  of  suitable 
carriages  and  vehicles,  for  the  transportation  of  persons  and  arti- 
cles, and  be  obliged  to  receive  at  all  proper  times  and  places,  and 
convey  the  same  when  the  appropriate  tolls  therefor  shall  be  paid 
or  tendered,  and  a  lien  is  hereby  created  on  all  articles  transported 
for  the  tolls  due  for  the  transportation  thereof. 

Sect.  18.  Any  person  who  shall  perform  labor  or  furnish  mate- 
rials for  the  constructing,  making,  altering,  or  repairing,  said  rail- 
road or  appurtenances,  or  furnish  labor  or  materials  for  the  above 
purposes,  by  virtue  of  any  contract  with  said  corporation,  or  other 
person  who  had  contracted  with  said  corporation,  or  any  sub-con- 
tractors, shall  have  a  lien  to  secure  the  payment  of  the  same,  upon 
such  railroad,  and  appurtenances,  and  upon  the  right  of  redeem- 
ing the  same  when  under  mortgage ;  and  said  lien  shall  continue 
in  force  for  the  space  of  one  year,  from  the  time  when  such  pay- 
ment becomes  due. 

Sect.  19.  Such  person  may  secure  the  benefit  of  such  lien  by  an 
attachment  of  said  railroad  and  appurtenances,  or  right  of  redemp- 
tion, within  three  years ;  and  such  attachment  shall  have  prece- 
dence of  all  other  attachments,  not  made  under  any  such  lien. 

Sect.  20.  If  the  said  corporation  or  other  person  shall  tender  to 
the  creditor  aforesaid  the  sum  justly  due  to  him  as  aforesaid,  such 
lien  shall  cease. 

Sect.  21.  All  lands  or  other  real  estate,  which  shall  be  taken  or 
used  by  this  railroad  company  for  any  of  the  purposes  aforesaid, 
may  be  taxed  to  said  railroad  company  by  the  assessors  of  the 
several  cities,  towns,  and  plantations,  in  which  said  lands  or  other 
real  estate  may  be  situate,  and  shall  be  valued  the  same  as  other 
real  estate  of  the  same  quality  is,  in  said  city,  town,  or  plantation. 
And  such  lien  shall  be  had  thereon,  for  the  payment  of  the  tax 
assessed  thereon  as  above,  as  is  now  or  may  be  hereafter  provided 
by  law  for  securing  the  payment  of  taxes  assessed  on  real  estate. 
The  shares  in  said  railroad  company  shall  be  deemed  and  consid- 
ered to  be  personal  estate,  and  shall  be  taxed  in  the  same  way  and 


MAINE.  167 

manner  as  other  personal  estate  now  is ;  provided,  said  company 
shall  at  all  times  comply  with  the  provisions  of  their  charter. 
Approved,  February  28,  1844. 

Laws  op  1845,  Chap.  224. 

An  Act  additional  to  an  Act  to  establish  the  Bath  and  Portland  Railroad  Company. 

Sect.  1.  Be  it'  enacted,  ^'c.  That  the  eighteenth  section  of  the 
Act  to  which  this  is  additional,  is  hereby  so  amended  that  the  lien 
therein  mentioned  shall  continue  in  force  for  the  space  of  thirty 
days,  instead  of  the  term  of  one  year,  as  now  by  said  section  pro- 
vided ;  and  the  nineteenth  section  of  said  Act  is  hereby  so  amended 
that  the  time,  within  which  said  lien  may  be  secured  by  an  attach- 
ment, as  provided  in  said  section,  shall  be  thirty  days,  instead  of 
three  years,  as  therein  provided. 

Sect.  2.  The  words  "one  year,"  mentioned  in  said  eighteenth 
section,  and  the  words  "three  years,"  mentioned  in  said  nineteenth 
section,  are  hereby  stricken  out,  and  the  words  thirty  days  inserted 
in  lieu  thereof,  in  both  sections. 

Sect.  3.  This  Act,  when  accepted  by  said  Bath  and  Portland 
Railroad  Company,  shall  become  part  and  parcel  of  their  Act  of 
incorporation,  in  the  same  manner  as  if  it  originally  had  made  a 
a  part  thereof     Apjjroved,  Febniaj-y  28,  1845. 


ATLANTIC   AND    SAINT   LAWRENCE   RAILROAD    COMPANY. 

INCORPORATED    IN    MAINE    IN    1845. 

Chapter  195  of  the  Special  Laws  of  1845  contains  the  charter. 

Sect.  1  grants  corporate  powers  and  describes  the  route,  from  Portland  to  the  bound- 
ary line  of  the  State  so  as  to  connect  with  a  road  thence  to  Montreal  in  Canada ; 
authorizes  one  or  more  sets  of  rails  to  be  laid,  and  the  Company  to  hold  real 
estate  sufficient  for  the  construction  of  said  road,  and  to  use  it  for  that  purpose, 
provided  it  do  not  exceed  six  rods  in  width,  except  for  excavation  or  embankment, 
and  provided  they  pay  therefor  a  sum  agreed  upon  or  assessed  by  the  county  com- 
missioners ;  it  provides  that  applications  to  said  commissioners  for  that  purpose 
must  be  made  within  three  years  from  the  time  of  taking  the  land  :  also  that  the 
Company  may  feU  trees,  within  four  rods  from  the  road,  liable  to  obstruct  it,  pay- 
ing therefor ;  and  that  this  Act  shall  be  subject  to  the  provisions  of  the  Revised 
Statutes. 


168        ATLANTIC    AND    SAINT   LAWRENCE   RAILROAD    COMPANY. 

Sect.  2  provides  that  any  guardian  of  persons  incompetent  to  contract,  may  release 
claims  for  land  damages. 

Sect.  3  enacts  that  the  stock  shall  consist  of  not  less  than  10,000  nor  more  than 
30,000  shares,  vests  the  government  in  seven  Directors,  and  provides  for  the  choice 
of  officers  ;  it  directs  that  books  for  subscriptions  to  the  stock,  shall  be  opened  at 
Augusta,  Bangor,  and  Portland  in  this  State,  and  at  Salem  and  Boston  in  Massa- 
chusetts, to  remain  open  for  ten  days,  twenty  daj^s'  pubUc  notice  havbig  been 
given,  and  that  if  more  than  30,000  shares  be  subscribed  for,  they  shall  be  distri- 
buted according  to  previous  regulations  ;  it  also  establishes  the  mode  of  organiza- 
tion. 

Sect.  4  authorizes  by-laws  to  be  framed  not  repugnant  to  the  laws  of  the  State. 

Sect.  5  defines  the  powers  and  duties  of  the  officers,  and  authorizes  them  to  make 
equal  assessments  not  exceeding  $100  on  each  share,  and  to  sell  shares  fornon- 
payment  of  assessments. 

Sect.  6  grants  a  toll,  to  be  established  by  the  Directors. 

Sect.  7  provides  that  the  Legislature  may  authorize  other  roads  to  connect  with  this 
road,  on  the  easterly  side  thereof,  and  that  this  Company  shall  transport  the  pas- 
sengers and  freight  of  their  roads  at  the  same  rates  of  toll  as  may  be  prescribed  for 
this  road. 

Sect.  8  directs  the  mode  of  crossing  any  private  way,  highway,  canal  or  turnpike, 
and  provides  that  they  may  raise  or  lower  any  turnpike,  highway,  or  private  way, 
and  shall  erect  gates  thereon,  for  the  safety  of  travellers. 

Sect.  9  requires  that  they  shall  maintain  in  good  repair  all  bridges  over  such  cross- 
ings. 

Sect.  10  authorizes  them  to  erect  bridges,  for  their  sole  use,  over  navigable  waters, 
so  as  not  unnecessarily  to  obstruct  navigation. 

Sect.  11  provides  that  they  shall  erect  and  maintain  substantial  fences  on  each  side 
of  improved  or  enclosed  lands  through  which  the  road  may  pass,  in  neglect  there- 
of being  liable  to  indictment  and  fine. 

Sect.  12  enacts  that  they  shall,  at  all  times,  transport  the  U.  S.  Mail,  for  reasonable 
compensation,  to  be  determined,  if  not  agreed  upon,  by  the  Legislature ;  that  they 
shall  keep  their  road  in  good  repair,  provide  suitable  cars  and  engines,  and  trans- 
port aU  passengers  and  goods,  having  a  lien  on  the  latter  for  freight ;  it  provides 
that  no  other  cars  or  engines  shall  run  on  this  road,  excepting  of  such  Companies 
as  shall  connect  their  roads  with  this  road;  and  they  shall  be  subject  to  the 
provisions  of  Sections  6  and  7. 

Sect.  13  provides  that  any  person  A\ilfully  placing  obstructions  on  the  road  or  injur- 
ing the  property  of  the  Company,  and  those  assisting  or  abetting,  shall  be  liable 
to  pay  treble  the  amount  of  damages  done,  to  be  recovered  by  an  action,  and  shall 
be  further  liable  to  indictment  and  fine. 

Sect.  14  authorizes  this  Company  to  extend  their  road  to  Canada,  and  to  purchase 
and  hold  lands  therefor,  under  the  laws  of  the  States  where  they  lie. 

Sect.  15  requires  that  they  keep  books  of  account,  open  to  the  inspection  of  the 
Governor  and  Council,  and  that  each  year  the  treasurer  shall  make  an  exhibit, 
under  oath,  to  the  Legislature  of  the  net  profits  of  the  road. 

Sect.  16  provides  that  taxes  shall  be  assessed  for  lands  held  by  the  Company  where 
they  are  respectively  situated,  and  that  shareholders  shall  be  assessed  for  shares  as 
personal  property;  that  whenever  the  net  income  shall  exceed  10  per  cent,  on  the 
cost  of  the  road,  the  Directors  shall  make  a  special  report  to  the  Legislature,  and 
one    half  of  such  excess  (or  such  proportion  as  may  be  determined)  shall  be 


MAINE.  169 

paid  annually  into  the  State  Treasury ;  and  that  the  State  may  maintain  an  action 

therefor,  no  other  tax  being  levied  on  said  corporation. 
Sect.  17  appoints  the  time  of  the  annual  meeting,  -nhen  Directors  shall  be  chosen, 

and  authorizes  special  meetings  to  be  called,  if  necessary. 
Sect.  18  provides  that  the  Legislature  may  at  all  times  inquire  into  the  doings  of  the 

Corporation,  and  correct  and  prevent  abuses,  and  pass  laws  imposing  penalties  for 

non-compliance  with  the  provisions  of  this  Act ;  but  that  no  further  duties  shall  be 

prescribed,  and  that  this  Act  shall  not  be  altered  or  repealed,  without  the  consent 

of  the  Corporation,  except  by  due  process  of  law. 
Sect.  19  requu-es  that  the  Corporation  be  organized,  and  the  location  filed  before 

December  31,  1850,  and  the  road  completed  before  December  31,  1860,  or  tliis  Act 

shall  be  void. 

Chapter  310  q/"  the  SiKcial  Laws  q/"  1846  contains  an  additmial  Act. 

Sect.  1  empowers  this  Company  to  take  and  hold,  for  the  purposes  of  said  road, 
lands,  flats,  and  other  real  estate  situate  in  the  City  of  Portland  and  adjoining  the 
navigable  waters  of  Portland  harbor,  -svithin  certain  boundaries ;  provided  thej' 
pay  therefor  a  reasonable  compensation,  if  not  agreed  upon,  to  be  determined  by 
the  commissioners  for  that  county,  in  the  same  manner  as  in  the  case  of  highways  ; 
whose  duty  it  shall  be,  upon  written  application,  to  hear  the  parties,  adjudicate  in 
the  premises,  and  make  a  record  of  their  doings. 

Sect.  2  authorizes  them  to  build  a  suitable  sea-wall  and  breastworks,  wharves  and 
docks,  for  landing  and  forwarding  merchandise  and  the  accommodation  of  ships  ; 
and  to  build  piers  on  the  middle  ground  so  as  not  to  impede  navigation. 

Sect.  3  provides  that  this  Act  shall  take  effect  after  its  approval  by  the  Governor. 

Chapter  135  of  the  Laws  of  1848  contains  an  Act  authorizing  the  city  of  Portland  to  aid 
the  constructio7i  of  the  Atlantic  and  St.  Lawrence  Railroad. 


Laws  of  1845,  Chap.  195. 
An  Act  to  establish  the  Atlantic  and  Saint  Lawrence  Railroad  Company. 

Sect.  1.  Be  it  enacted^  ^"c.  That  William  P.  Preble,  Josiah  S. 
Little,  John  Mussey,  John  B.  Brown,  George  Turner,  John  Ander- 
son, St.  John  Smith,  Charles  Cobb,  John  Dow,  Abner  Shaw,  John 
Neal,  Augustine  Haines,  Franklin  Tinkham,  Charles  E.  Barrett, 
Eliphalet  Case,  Thomas  Hammond,  William  E.  Greely,  William 
Kimball,  Charles  Q.  Clapp,  James  L.  Farmer,  Woodbury  Storer, 
and  Eliphalet  Greeley,  their  associates,  successors  and  assigns,  are 
hereby  made  and  constituted  a  body  politic  and  corporate,  by  the 
name  of  the  Atlantic  and  Saint  Lawrence  Railroad  Company,  and 
by  that  name  may  sue  and  be  sued,  plead  and  be  impleaded,  and 
shall  have  and  enjoy  all  proper  remedies  at  law  and  in  equity  to 

15 


170  ATLANTIC   AND    SAINT   LAWRENCE   RAILROAD   COMPANY. 

secure  and  protect  them  in  the  exercise  and  use  of  the  rights  and 
privileges,  and  in  the  performance  of  the  duties  hereinafter  granted 
and  enjoined,  and  to  prevent  all  invasion  thereof,  or  interruption 
in  exercising  and  performing  the  same.     And  the  said  corporation 
are  hereby  authorized   and  empowered  to  locate,  construct,   and 
finally  complete,  alter  and  keep  in  repair,  a  railroad,  with  one  pr 
more  sets  of  rails  or  tracks,  with  all  suitable  bridges,  tunnels,  via- 
ducts, turnouts,  culverts,  drains  and  all  other  necessary  append- 
ages, from  some  point  or  place  in  the  city  of  Portland,  through  the 
counties  of  Cumberland  and  Oxford,   and,  if  deemed  advisable, 
through  the  southwesterly  corner  of  Franklin,  to  the  boundary  line 
of  this  State,  at  such  place  as  v/ill  best  connect  with  a  railroad  to 
be  constructed  from  said  boundary  to  Montreal  in  Canada.     Said 
railroad  to  be  located  and  constructed  in  the  general  direction  of 
Sherbrook  and  Montreal,  on  such  route  as  the  directors  of  said  cor- 
poration, in  the  exercise  of  their  best  judgment  and  discretion, 
shall  judge  most  favorable  and  best  calculated  to  promote  the  pub- 
lic convenience  and  carry  into  effect  the  intentions  and  purposes  of 
this  Act.     And  said  corporation  shall  be,  and  hereby  are  invested 
with  all  the  powers,  privileges  and  immunities,  which  are  or  may 
be  necessary  to  carry  into  effect  the  purposes  and  objects  of  this 
Act,  as  herein  set  forth.     And  for  this  purpose,  said  corporation 
shall  have  the  right  to  purchase,  or  to  take  and  hold,  so  much  of 
the  land  and  other  real  estate  of  private  persons  and  corporations, 
as  may  be  necessary  for  the  location,  construction,  and  convenient 
operation  of  said  railroad ;  and  that  they  shall  also  have  the  right 
to  take,  remove,  and  use,  for  the  construction  and  repair  of  said 
railroad  and   appurtenances,  any  earth,  gravel,  stone,  timber  or 
other  materials,  on  or  from  the  land  so  taken.     Provided,  however, 
that  said  land,  so  taken,  shall  not  exceed  six  rods  in  width,  except 
where  greater  width  is  necessary  for  the  purpose  of  excavation  or 
embankment :  and  provided,  also,  that  in  all  cases,  said  corpora- 
tion shall  pay  for  such  lands,  estate  or  materials  so  taken  and  used, 
such  price  as  they  and  the  owner  or  respective  owners  thereof  may 
mutually  agree  on ;  and  in  case  said  parties  shall  not  otherwise 
agree,  then  said  corporation  shall  pay  such  damages  as  shall  be 
ascertained  and  determined  by  the  county  commisioners,  for  the 
county  where  such  land  or  other  property  may  be  situated,  in  the 
same  manner  and  under  the  same  conditions  and  limitations,  as 
are  by  law  provided  in  the  case  of  damages  by  the  laying  out  of 
highways.     And  the  land  so  taken  by  said  corporation,  shall  be 


MAINE.  171 

held  as  lands  taken  and  appropriated  for  public  highways.  And  no 
application  to  said  commissioners  to  estimate  said  damages,  shall  be 
sustained,  unless  made  within  three  years  from  the  time  of  taking 
such  lands  or  other  property ;  and  in  case  such  railroad  shall  pass 
through  any  woodlands  or  forests,  the  said  company  shall  have  the 
right  to  fell  or  remove  any  trees  standing  thereon,  within  four  rods 
from  such  road,  which  by  their  liability  to  be  blown  down  or  from 
their  natural  falling,  might  obstruct  or  impair  said  railroad,  by 
paying  a  just  compensation  therefor,  to  be  recovered  in  the  same 
manner  as  is  provided  for  the  recovery  of  other  damages  in  this 
Act.  And  furthermore  said  corporation  shall  have  all  the  powers, 
privileges  and  immunities,  and  be  subject  to  all  the  duties  and  lia- 
bilities, provided  and  prescribed  respecting  railroads  in  chapter 
eighty-one  of  the  revised  statutes,  not  inconsistent  with  the  express 
provisions  of  this  charter. 

Sect.  2.  When  said  corporation  shall  take  any  land  or  other 
estate  as  aforesaid,  of  any  infant,  person  non  compos  mentis,  or 
feme  covert,  whose  husband  is  under  guardianship,  the  guardian  of 
such  infant,  or  person  non  compos  mentis,  and  such  feme  covert  with 
the  guardian  of  her  husband,  shall  have  full  power  and  authority  to 
agree  and  settle  with  said  corporation,  for  damages  or  claims  for 
damages,  by  reason  of  taking  such  land  and  estate  aforesaid,  and 
give  good  and  valid  releases  and  discharges  therefor. 

Sect.  3.  The  capital  stock  of  said  corporation  shall  consist  of 
not  less  than  ten  thousand  nor  more  than  thirty  thousand  shares ; 
and  the  immediate  government  and  direction  of  the  affairs  of  said 
corporation  shall  be  vested  in  seven,  nine,  or  thirteen  directors,  who 
shall  be  chosen  by  the  members  of  said  corporation,  in  the  manner 
hereinafter  provided,  and  shall  hold  their  offices  until  others  shall 
have  been  duly  elected  and  qualified  to  take  their  places,  a  ma- 
jority of  whom  shall  form  a  quorum  for  the  transaction  of  busi- 
ness; and  they  shall  elect  one  of  their  number  to  be  president  of 
the  board,  who  shall  also  be  the  president  of  the  corporation  ;  and 
shall  have  authority  to  choose  a  clerk,  who  shall  be  sworn  to  the 
faithful  discharge  of  his  duty  ;  and  a  treasurer  who  shall  be  sworn 
and  also  give  bonds  to  the  corporation,  with  sureties,  to  the  satis- 
faction of  the  directors,  in  a  sum  not  less  than  fifty  thousand  dollars, 
for  the  faithful  discharge  of  his  trust.  And  for  the  purpose  of  re- 
ceiving subscriptions  to  the  said  stock,  books  shall  be  opened  under 
the  direction  of  the  persons  named  in  the  first  section  of  this  Act, 
at  such  times  as  they  may  determine,  in  the  town  of  Augusta,  and 


172         ATLANTIC   AND   SAINT     LA-\VPvENCE  RAILROAD   COMPANY. 

the  cities  of  Bangor  and  Portland,  in  this  State,  and  the  cities  of 
Salem  and  Boston,  in  Massachusetts,  and  elsewhere  as  they  shall 
appoint,  to  remain  open  for  ten  successive  days,  of  which  time  and 
place  of  subscription  public  notice  shall  be  given  in  some  news- 
paper printed  in  Portland,  Augusta  and  Boston,  twenty  days  at 
least  previous  to  the  opening  of  such  subscription ;  and  in  case  the 
amount  subscribed  shall  exceed  thirty  thousand  shares,  the  same 
shall  be  distributed  among  all  the  subscribers,  according  to  such 
regulations  as  the  persons  having  charge  of  the  opening  of  the  sub- 
scription books  shall  prescribe,  before  the  opening  of  said  books. 
And  any  seven  of  the  persons  named  in  the  first  section  of  this 
Act,  are  hereby  authorized  to  call  the  first  meeting  of  said  corpora- 
tion, by  giving  notice  in  one  or  more  newspapers  published  in  the 
town  and  cities  last  above  named,  of  the  time  and  place,  and  the 
purposes  of  such  meeting,  at  least  twenty  days  before  the  time 
mentioned  in  such  notice. 

Sect,  4.  Said  corporation  shall  have  power  to  make,  ordaiy  and 
establish,  all  necessary  by-laws  and  regulations,  consistent  with 
the  constitution  and  the  laws  of  this  State,  for  their  own  govern- 
ment, and  for  the  due  and  orderly  conducting  of  their  affairs,  and 
the  management  of  their  property. 

Sect.  5.  The  president  and  directors  for  the  time  being,  are 
hereby  authorized  and  empowered  by  themselves  or  their  agents,  to 
exercise  all  the  powers  herein  granted  to  the  corporation  for  the 
purpose  of  locating,  constructing  and  completing  said  railroad,  and 
for  the  transportation  of  persons,  goods  and  property  of  all  descrip- 
tions, and  all  such  power  and  authority  for  the  management  of  the 
affairs  of  the  corporation  as  may  be  necessary  and  proper  to  carry 
into  effect  the  objects  of  this  grant;  to  purchase  and  hold,  within 
and  without  the  State,  land,  materials,  engines  and  cars,  and  other 
necessary  things,  in  the  name  of  the  corporation,  for  the  use  of  said 
road,  and  for  the  transportation  of  persons,  goods,  and  property,  of 
all  descriptions  ;  to  make  such  equal  assessments  from  time  to  time, 
on  all  the  shares  in  said  corporation,  as  they  may  deem  expedient 
and  necessary  in  the  execution  and  the  progress  of  the  work,  and 
direct  the  same  to  be  paid  to  the  treasurer  of  the  corporation.  And 
the  treasurer  shall  give  notice  of  all  such  assessments;  and  in  case 
any  subscriber  or  stockholder  shall  neglect  to  pay  any  assessment 
on  his  share,  or  shares,  for  the  space  of  thirty  days  after  such  notice 
is  given,  as  shall  be  prescribed  by  the  by-laws  of  said  corporation 
the  directors  may  order  the  treasurer  to  sell  such  share  or  shares,  at 


MAINE.  173 

public  auction,  after  giving  such  notice  as  may  be  prescribed  as 
aforesaid,  to  the  highest  bidder,  and  the  same  shall  be  transferred 
to  the  purchaser,  and  such  delinquent  subscriber,  or  stockholder, 
shall  be  held  accountable  to  the  corporation  for  the  balance,  if  his 
share  or  shares  shall  sell  for  less  than  the  assessments  due  thereon, 
with  the  interest  and  costs  of  sale ;  and  shall  be  entitled  to  the 
overplus,  if  his  share  or  shares  shall  sell  for  more  than  the  assess- 
ments due,  with  interest  and  costs  of  sale.  Provided,  however^  that 
no  assessments  shall  be  laid  upon  any  shares,  in  said  corporation, 
of  a  greater  amount  in  the  whole  than  one  hundred  dollars. 

Sect.  6.  A  toll  is  hereby  granted  and  established  for  the  sole 
benefit  of  said  corporation,  upon  all  passengers,  and  property  of  all 
descriptions,  which  may  be  conveyed  or  transported  by  them  upon 
said  road,  at  such  rate  as  may  be  agreed  upon  and  established  from 
time  to  time  by  the  directors  of  said  corporation.  The  transporta- 
tion of  persons  and  property — the  construction  of  wheels — the 
forms  of  cars  and  carriages —  the  weights  of  loads  and  all  other 
matters  and  things  in  relation  to  said  road,  shall  be  in  conformity 
with  such  rules,  regulations  and  provisions,  as  the  directors  shall 
from  time  to  time  prescribe  and  direct. 

Sect.  7.  The  legislature  may  authorize  any  other  company  or 
companies  to  connect  any  other  railroad  or  railroads  with  the  rail- 
road of  said  corporation,  but  only  on  the  easterly  side  thereof,  at 
any  points  on  the  route  of  said  railroad.  And  said  corporation 
shall  receive  and  transport  all  persons,  goods  and  property  of  ail 
descriptions,  which  may  be  carried  and  transported  to  the  railroad 
of  said  corporation,  on  such  other  railroads  as  may  be  hereafter 
authorized  to  be  connected  therewith,  at  the  same  rates  of  toll  and 
freight  as  may  be  prescribed  by  said  corporation,  so  that  the  rates 
of  freight  and  toll  on  such  passengers,  goods  and  other  property  as 
may  be  received  from  such  other  railroads,  so  connected  with  said 
railroad,  as  aforesaid,  shall  not  exceed  the  general  rates  of  freight 
and  toll,  on  said  railroad,  received  for  freight  and  passengers  at 
any  of  the  deposits  of  said  corporation. 

Sect.  S.  If  the  said  railroad,  in  the  course  thereof,  shall  cross 
any  private  way,  the  said  corporation  shall  so  construct  said  rail- 
road as  not  to  obstruct  the  safe  and  convenient  use  of  such  private 
way  :  and  if  the  said  railroad  shall  in  the  course  thereof,  cross  any 
canal,  turnpike,  railroad  or  other  highway,  the  said  railroad  shall 
be  so  constructed  as  not  to  obstruct  the  safe  and  convenient  use  ot 
such  canal,  turnpike  or  other  highway;  and  the  said  corporation 

15* 


174        ATLANTIC   AND   SAINT   LAWRENCE  RAILROAD   COMPANY. 

shall  have  power  to  raise  or  lower  such  turnpike,  highway  or  pri- 
vate way,  so  that  the  said  railroad,  if  necessary,  may  conveniently 
pass  under  or  over  the  same,  and  erect  such  gate  or  gates  thereon, 
as  may  be  necessary  for  the  safety  of  travellers  on  said  turnpike, 
railroad,  highway,  or  private  way. 

Sect.  9,  Said  railroad  corporation  shall  constantly  maintain,  in 
good  repair,  all  bridges,  with  their  abutments,  and  embankments, 
which  they  may  construct  for  the  purpose  of  conducting  their  rail- 
road over  any  canal,  turnpike,  highway,  or  private  way,  or  for  con- 
ducting such  private  way,  or  turnpike  over  said  railroad. 

Sect.  10.  If  said  railroad  shall,  in  the  course  thereof,  cross  any 
tide  waters,  navigable  rivers  or  streams,  the  said  corporation  are 
hereby  authorized  and  empowered  to  erect  for  the  sole  and  exclu- 
sive travel  on  their  said  railroad,  a  bridge  across  each  of  said 
rivers,  or  streams,  or  across  any  such  tide  waters  ;  provided,  said 
bridge  or  bridges  shall  be  so  constructed  as  not  unnecessarily  to 
obstruct  or  impede  the  navigation  of  said  waters. 

Sect.  11.  Said  railroad  corporation  shall  erect,  and  maintain 
substantial,  legal  and  sufficient  fences,  on  each  side  of  the  land 
taken  by  them  for  their  railroad,  where  the  same  passes  through 
enclosed  or  improved  lands,  or  lands  that  may  hereafter  be  improv- 
ed ;  and  for  neglect  or  failure  to  erect  and  maintain  such  fence,  said 
corporation  shall  be  liable  to  be  indicted  in  the  district  court,  for  the 
county  where  such  fence  shall  be  insufficient,  and  to  be  fined  in 
such  sum  as  shall  be  adjudged  necessary  to  repair  the  same ;  and 
such  fine  shall  be  expended  for  the  erection  or  repair  of  said  fence, 
under  the  direction  of  an  agent  appointed  by  said  court,  as  in  case 
of  fines  imposed  upon  towns  for  deficiency  of  highways. 

Sect.  12.  The  said  corporation  shall,  at  all  times,  w^hen  the 
postmaster-general  shall  require  it,  be  holden  to  transport  the  mail 
of  the  United  States  from  and  to  such  place  or  places  on  said  road 
as  required,  for  a  fair  and  reasonable  compensation.  And  in  case 
the  corporation  and  the  postmaster-general  shall  be  unable  to  agree 
upon  the  compensation  aforesaid,  the  legislature  of  the  State  shall 
determine  the  same.  And  the  said  corporation,  after  they  shall 
commence  the  receiving  of  tolls,  shall  be  bound,  at  all  times,  to  have 
said  railroad  in  good  repair,  and  a  sufficient  number  of  suitable 
engines,  carriages  and  vehicles,  for  the  transportation  of  persons  and 
articles,  and  be  obliged  to  receive,  at  all  proper  times  and  places, 
and  convey  the  same  when  the  appropriate  tolls  therefor  shall  be 
paid  or  tendered ;  and  a  lien  is  hereby  created  on  all  articles  trans- 


MAINE.  175 

ported  for  said  tolls.  And  the  said  corporation,  fulfilling  on  its  part 
all  and  singular  the  several  obligations  and  duties  by  this  section 
imposed  and  enjoined  upon  it,  shall  not  be  held  or  bound  to  allow 
any  engine,  locomotive,  cars,  carriages,  or  other  vehicle  for  the  trans- 
portation of  persons  or  merchandise,  to  pass  over  said  railroad, 
other  than  its  own,  furnished  and  provided  for  that  purpose,  as 
herein  enjoined  and  required ;  ]j^^ovided,  however^  that  said  corpo- 
ration shall  be  under  obligation  to  transport  over  said  road,  in  con- 
nection with  their  own  trains,  the  passenger  and  other  cars  of  any 
other  incorporated  company  that  may  hereafter  construct  a  railroad, 
connected  with  that  hereafter  authorized,  on  the  easterly  side 
thereof;  such  other  company  being  subject  to  all  the  provisions  of 
the  sixth  and  seventh  sections  of  this  Act,  as  to  rates  of  toll  and 
all  other  particulars  enumerated  in  said  section. 

Sect.  13.  If  any  person  shall  wilfully  and  maliciously,  or  wan- 
tonly and  contrary  to  law,  obstruct  the  passage  of  any  carriage  on 
said  railroad,  or  in  any  way  spoil,  injure  or  destroy  said  railroad, 
or  any  part  thereof,  or  any  thing  belonging  thereto,  or  any  material 
or  implements  to  be  employed  in  the  construction  or  for  the  use  of 
said  road,  he,  she  or  they,  or  any  person  or  persons,  assisting,  aid- 
ing or  abetting  such  trespass,  shall  forfeit  and  pay  to  said  corpora- 
tion for  every  such  offence,  treble  such  damages  as  shall  be  proved 
before  the  justice,  court  or  jury,  before  whom  the  trial  shall  be  had, 
to  be  sued  for  before  any  justice,  or  in  any  court  proper  to  try  the 
same,  by  the  treasurer  of  the  corporation,  or  other  officer,  whom 
they  may  direct,  to  the  use  of  said  corporation.  And  such  offender 
or  offenders  shall  be  liable  to  indictment  by  the  grand  jury  of  the 
county,  within  which  trespass  shall  have  been  committed,  for  any 
offence  or  offences,  contrary  to  the  above  provisions ;  and  upon 
conviction  thereof  before  any  court  competent  to  try  the  same,  shall 
pay  a  fine  not  exceeding  five  hundred  dollars  to  the  use  of  the 
State,  or  may  be  imprisoned  for  a  term  not  exceeding  five  years,  at 
the  discretion  of  the  court  before  whom  such  conviction  may  be 
had. 

Sect.  14.  Said  corporation  shall  be  and  hereby  is  invested  with 
power  and  authority  to  continue  and  prolong  said  railroad,  beyond 
the  hue  of  this  State,  to  the  boundary  of  Canada  ;  and  to  purchase, 
take  and  hold  lands,  or  the  right  of  way  over  lands  for  the  purpose 
of  constructing  said  railroad,  in  continuation  without  the  limits  of 
this  State,  on  and  over  said  lands  to  the  said  boundary  of  Canada. 
Provided,  the  same  can  be  done  consistently  with  the  laws  and 


176         ATLAXTIC    AND    SAINT   LA^V^lENCE   RAILROAD    COMPANY. 

regulations  of  the  State  or  States  in  which  such  lands  lie,  and 
through  and  over  the  territory  of  which  such  railroad  in  continua- 
tion would  pass. 

Sect.  15.  Said  corporation  shall  keep  in  a  book  for  that  purpose 
a  regular  account  of  all  their  disbursements,  expenditures  and 
receipts,  and  the  books  of  said  corporation  shall  at  all  times  be 
open  to  the  inspection  of  the  governor  and  council,  and  of  any 
committee  duly  authorized  by  the  legislature ;  and  at  the  expira- 
tion of  every  year,  the  treasurer  of  said  corporation  shall  make  an 
exhibit,  under  oath,  to  the  legislature,  of  the  net  profits  derived 
from  the  income  of  said  railroad. 

Sect.  16.  All  real  estate  purchased  by  said  corporation,  for  the 
use  of  the  same,  under  the  fifth  section  of  this  Act,  shall  be  taxa- 
ble to  said  corporation  by  the  several  towns,  cities  and  plantations, 
in  which  said  lands  may  lie,  in  the  same  manner  as  lands  owned 
by  private  persons,  and  shall  in  the  valuation  list  be  estimated  the 
same,  as  other  real  estate  of  the  same  quality  in  such  town,  city 
or  plantation,  and  not  otherwise;  and  the  shares  owned  by  the 
respective  stockholders  shall  be  deemed  personal  estate,  and  be  taxa- 
ble as  such  to  the  owners  thereof,  in  the  places  where  they  reside 
and  have  their  home.  And  whenever  the  net  income  of  said  cor- 
poration shall  have  amounted  to  ten  per  centum  per  annum  upon 
the  cost  of  the  road,  and  its  appendages,  and  incidental  expenses, 
the  directors  shall  make  a  special  report  of  the  fact  to  the  legisla- 
ture ;  from  and  after  which  time  one  moiety,  or  such  other  portion 
as  the  legislature  may  from  time  to  time  determine,  of  the  net  in- 
come from  said  railroad,  accruing  thereafter  over  and  above  ten 
per  centum  per  annum,  first  to  be  paid  to  the  stockholders,  shall 
annually  be  paid  over  by  the  treasurer  of  said  corporation,  as  a  tax, 
into  the  treasury  of  the  State,  for  the  use  of  the  State.  And  the 
State  may  have  and  maintain  an  action  against  said  corporation 
therefor  to  recover  the  same.  But  no  other  tax,  than  herein  is  pro- 
vided, shall  ever  be  levied  or  assessed  on  said  corporation,  or  any 
of  their  privileges  or  franchises. 

Sect.  17.  The  annual  meeting  of  the  members  of  said  corpo- 
ration shall  be  holden  on  the  second  Monday  in  June,  or  such  other 
day  as  shall  be  determined  by  the  by-laws,  at  such  time  and  place 
as  the  directors,  for  the  time  being,  shall  appoint,  at  which  meeting, 
the  directors  shall  be  chosen  by  ballot,  each  proprietor  by  himself 
or  proxy  being  entitled  to  as  many  votes  as  he  holds  shares,  and  the 
directors  are  hereby  authorized  to  call  special  meetings  of  the  stock- 


MAINE.  177 

holders,  whenever  they  shall  deem  it  expedient  and  proper,  giving 
such  notice  as  the  corporation  by  their  by-laws  shall  direct. 

Sect.  18.  The  legislature  shall  at  all  times  have  the  right  to 
inquire  into  the  doings  of  the  corporation,  and  into  the  manner  in 
which  the  privileges  and  franchises  herein  and  hereby  granted  may 
have  been  used  and  employed  by  said  corporation  and  to  correct 
and  prevent  all  abuses  of  the  same,  and  to  pass  any  laws  imposing 
fines  and  penalties  upon  said  corporation,  which  may  be  necessary 
more  effectually  to  compel  a  compliance  with  the  provisions,  liabil- 
ities and  duties,  hereinbefore  set  forth  and  enjoined,  but  not  to  im- 
pose any  other  or  further  duties,  liabilities  or  obligations.  And  this 
charter  shall  not  be  revoked,  annulled,  altered,  limited,  or  restrain- 
ed, without  the  consent  of  the  corporation,  except  by  due  process 
of  law. 

Sect.  19.  If  the  said  corporation  shall  not  have  been  organized, 
and  the  location  according  to  actual  survey  of  the  route  filed  with 
the  county  commissioners,  of  the  counties  through  which  the  same 
shall  pass,  on  or  before  the  thirty-first  day  of  December,  in  the 
year  of  our  Lord  one  thousand  eight  hundred  and  fifty,  or  if  the 
said  corporation  shall  fail  to  complete  said  railroad  on  or  before  the 
thirty-first  day  of  December,  in  the  year  of  our  Lord  one  thousand 
eight  hundred  and  sixty,  in  either  of  the  above  mentioned  cases, 
this  Act  shall  be  null  and  void.     Approved,  February  10,  1845. 

Laws  of  1846,  Chap.  310. 

An  Act  in  additon  to  "  An  Act  to  establish  the  Atlantic  and  St.  Lawrence  Railroad 

Company." 

Sect.  1.  Be  it  enacted,  ^"c.  That  the  Atlantic  and  Saint  Law- 
rence Railroad  Company  shall  have,  and  there  hereby  is  granted  to 
them,  the  right  and  power  to  take  and  hold  such  and  so  much  of  the 
lands,  flats,  and  other  real  estate,  of  private  persons  and  corpora- 
tions, situate  and  lying  within  the  city  of  Portland,  and  adjoining 
the  navigable  waters  of  Portland  harbor,  as  the  directors  of  said 
company  in  the  exercise  of  their  best  judgment  and  discretion 
shall  judge  to  be  best  situated  to  promote  public  convenience,  and 
to  be  necessary  for  the  location  and  purposes  of  a  suitable  depot, 
landing,  wharves,  and  other  objects,  connected  with  the  uses  and 
business  of  said  road  at  the  Atlantic  termination  thereof  And  the 
lands  so  taken  shall  be  deemed  to  be  held  and  taken  for  public  uses 
under  the  laws  and  constitution  of  this  State :  Provided,  however, 


178        ATLANTIC   AND    SAINT   LAWRENCE   RAILROAD    COMPANY. 

that  the  lands,  fiats,  and  other  real  estate  so  taken  by  said  corpora- 
tion, shall  not  extend  beyond,  but  shall  every  part  and  parcel 
thereof,  lie  and  be  contained  within  the  following  exterior  limits 
and  boundaries,  that  is  to  say,  beginning  at  the  channel  of  Fore 
River  on  a  line  with  India  Street,  on  the  northeasterly  side 
thereof,  thence  running  to  Fore  Street,  thence  by  said  Fore  Street 
northeasterly  to  a  point  northeasterly  of  Thurston's  ship  yard,  so 
called,  where  said  Fore  Street  approaches  nearest  to  the  edge  of 
the  high  bank  of  said  Fore  River,  thence  in  a  direct  line  at  right 
angles  to  the  channel  and  thence  by  the  channel  to  the  place  of 
beginning;  and  provided  also,  that  said  corporation  shall  pay  for 
any  lands,  flats,  and  other  real  estate,  so  taken  as  aforesaid,  a  just 
and  reasonable  price  and  equivalent  therefor ;  and  in  case  the 
parties  interested  shall  not  otherwise  agree,  said  corporation  shall 
pay  such  price  and  equivalent  therefor,  as  the  county  commission- 
ers for  the  county  of  Cumberland  shall  adjudge  and  determine  to 
be  the  fair  value  thereof;  the  doings  and  proceedings  of  said  com- 
missioners in  the  premises  being  governed  and  conducted  in  all 
cases  in  the  same  manner,  and  under  the  same  conditions  and 
limitations,  as  are  by  law  provided  for  ascertaining  and  determin- 
ing the  damages  occasioned  by  the  laying  out  of  highways.  And 
the  said  commissioners  are  hereby  authorized  and  required  on  the 
written  application  of  either  party  to  proceed  to  examine,  hear, 
and  adjudicate,  in  the  premises,  and  to  cause  their  doings  to  be 
entered  as  of  record  on  the  records  of  their  doings  as  county  com- 
missioners. 

Sect.  2.  The  Atlantic  and  Saint  Lawrence  Railroad  Company 
shall  have  the  right,  and  there  is  hereby  granted  to  them  the 
power,  to  build  a  suitable  seawall,  and  suitable  breastworks, 
wharves,  and  docks,  connected  with  their  said  depot  and  terminus, 
for  the  reception,  landing,  lading,  transhipment,  and  forwarding  of 
merchandise  and  freight,  transported,  or  to  be  transported,  by  and 
over  said  road,  and  for  the  accommodation  and  security  of  ships 
and  vessels,  receiving  or  discharging  merchandise,  freight,  or  pas- 
sengers. And  to  this  end  there  is  hereby  further  granted  to  them 
the  right  to  build  and  construct  a  pier  or  piers  on  the  middle 
ground,  so  called,  for  the  protection  and  convenience  of  such  ships 
and  vessels,  and  for  the  better  accommodation  of  the  trade  and 
business  of  said  road,  so  however  as  not  to  obstruct  and  impede 
the  free  navigation  of  said  harbor. 

Sect.  3.  This  Act  shall  take  effect  and  be  in  force  from  and 


MAINE.  179 

after  the  approval  thereof  by  the  governor.     Approved,  June  17, 
1846. 

Laws  of  1848,  Chap.  135. 

An  Act  to  authorize  the  city  of  Portland  to  aid  the  construction  of  the  Atlantic  and 

St.  Lawrence  Railroad. 

Sect.  1.  Be  it  enacted,  {^•'c.  That  the  city  of  Portland  is  hereby 
a,uthorized  to  loan  its  credit  to  the  Atlantic  and  St.  Lawrence  Rail- 
road Company,  in  aid  of  the  construction  of  their  railroad,  subject 
to  the  following  terms  and  conditions. 

Sect.  2.  This  Act  shall  not  take  effect,  unless  it  shall  be  ac- 
cepted by  the  directors  of  said  railroad  company,  and  by  the  vote 
of  the  inhabitants  of  said  city,  voting  in  ward  meetings  duly  call- 
ed, according  to  law ;  and  at  least  two  thirds  of  the  votes  cast  at 
such  ward  meetings  shall  be  necessary  for  the  acceptance  of  the 
Act.  The  returns  of  such  ward  meetings  shall  be  made  to  the 
aldermen  of  the  city,  and  by  them  counted  and  declared,  and  the 
city  clerk  shall  make  record  thereof. 

Sect.  3.  Upon  the  acceptance  of  the  Act  as  aforesaid,  the  city 
treasurer  is  authorized  to  make  and  issue  from  time  to  time,  for 
the  purposes  contemplated  in  this  Act,  the  scrip  of  said  city,  in 
convenient  and  suitable  sums,  payable  to  the  holder  thereof,  on  a 
term  of  time  not  less  than  twenty,  nor  more  than  thirty  years,  with 
coupons  for  interest  attached,  payable  semi-annually,  or  yearly,  as 
may  be  agreed. 

'  Sect.  4.  When  the  railroad  company  shall  have  received  from 
assessments  upon  the  shares  of  the  private  stocldiolders  therein, 
and  shall  have  expended  upon  the  construction  of  the  road,  and  its 
necessary  equipment,  the  sum  of  five  hundred  and  fifty  thousand 
dollars,  the  city  treasurer  shall  then  deliver  to  the  directors  of  the 
company,  the  scrip  aforesaid  to  the  amount  of  two  hundred  thou- 
sand dollars.  When  the  company  shall  have  expended  that  sum 
in  the  further  construction  and  equipment  of  the  road,  and  shall 
have  received  from  the  assessments  upon  the  shares  of  private 
stockholders,  the  further  amount  of  one  hundred  thousand  dollars, 
the  city  treasurer  shall  deliver  of  the  scrip,  a  further  amount  of 
three  hundred  thousand  dollars. 

Sect.  5.  When  the  company  shall  have  expended  in  the  further 
construction  and  equipment  of  the  road,  at  least  one  half  the  pro- 
ceeds of  the  scrip  last  named,  further  portions  of  the  scrip  shall  be 


\ 


180         ATLANTIC   AND    SAINT    LAWRENCE   RAILROAD    COMPANY. 

from  time  to  time  delivered  thereafter,  in  such  amounts  and  pro- 
portions, that  the  aggregate  of  all  the  scrip  delivered  shall  at  no 
time  exceed  the  whole  amount  of  the  assessments  paid  in  and  ex- 
pended. But  the  whole  amount  of  the  scrip  to  be  issued  and 
delivered  shall  never  exceed  one  million  of  dollars. 

Sect.  6.  Before  the  delivery  of  any  of  the  scrip,  in  any  of  the 
cases  provided  in  the  preceding  sections,  the  directors  of  the  com- 
pany shall  furnish  satisfactory  evidence  to  the  mayor  and  alder- 
men of  the  city,  that  all  the  pre-requisites  therein  prescribed  in  the 
several  cases  have  been  respectively  complied  with,  and  shall  file 
with  the  city  treasurer  a  certificate  of  such  compliance,  signed  by 
the  president  and  treasurer  of  the  company,  to  which  certificate 
they  shall  severally  make  oath.  In  all  cases,  the  scrip  shall  bear 
date  from  the  delivery  thereof,  and  the  proceeds  thereof  shall  be 
applied  by  the  directors  of  the  company,  exclusively  to  the  con- 
struction and  necessary  furniture  and  equipment  of  the  Atlantic 
and  St.  Lawrence  Railroad. 

Sect.  7.  Upon  the  delivery  of  each  and  every  portion  of  the 
scrip  aforesaid,  the  directors  shall  execute  and  deliver  to  the  city 
treasurer,  the  bond  of  the  company,  in  an  equal  amount,  payable 
to  the  city,  conditioned  that  the  company  will  duly  pay  the  inter- 
est on  said  scrip,  and  will  provide  for  the  reimbursement  of  the 
principal  thereof,  and  hold  the  city  harmless  on  account  of  the 
issue  of  the  same,  according  to  the  provisions  of  this  Act. 

Sect.  8.  The  directors  shall  also  transfer  to  the  city,  upon  the 
delivery  of  any  portion  of  the  scrip  as  aforesaid,  an  equal  amount 
in  the  shares  of  the  company,  to  be  held  as  collateral  security  for 
the  bond  of  the  company,  required  to  be  given  in  such  case. 
And  the  shares  so  held  as  collateral  shall  be  credited  on  the  stock 
books  of  the  company  as  fully  paid  up,  and  no  assessments  shall 
ever  be  required  thereon,  nor  shall  any  dividends  be  paid  on  the 
same,  nor  any  right  of  acting  or  voting  at  the  meetings  of  the 
company  be  claimed  or  exercised  by  reason  of  said  shares,  so  long 
as  the  same  shall  be  held  as  collateral  as  aforesaid. 

Sect.  9.  From  and  after  the  issue  and  delivery  to  the  directors 
of  any  portion  of  the  scrip  aforesaid,  the  city  shall  have  a  lien 
upon  the  said  railroad,  and  upon  all  the  property  and  franchise  of 
the  company,  to  secure  the  performance  of  the  conditions  of  all  the 
bonds  of  the  company,  executed  and  delivered  under  the  provisions 
of  this  Act. 

Sect.  10.  For  the  purpose  of  providing  for  the  reimbursement 


MAINE.  181 

of  the  principal  of  tlie  scrip,  authorized  to  be  issued  by  this  Act, 
there  shall  be  established  a  sinking  fund,  and  commissioners  shall 
be  appointed  to  manage  the  same.  One  of  said  commissioners 
shall  be  appointed  by  the  mayor  and  aldermen  of  the  city,  and  one 
by  the  directors  of  the  company,  and  in  case  of  a  vacancy  in  the 
place  of  either,  the  same  shall  be  supplied  by  the  mayor  and  alder- 
men, or  by  the  directors,  respectively.  Both  of  said  commissioners 
shall  be  appointed  and  quahfied  before  the  delivery  to  the  directors 
of  any  of  the  scrip.  The  commissioners  shall  severally  be  sworn 
to  the  faithful  discharge  of  the  duties  enjoined  upon  them  by  this 
Act,  in  presence  of  the  city  clerk,  who  shall  make  a  certificate 
and  record  thereof,  as  in  the  case  of  the  qualification  of  city  offi- 
cers. Each  of  the  commissioners  shall  give  a  bond  to  the  city, 
with  satisfactory  sureties,  in  the  penal  sum  of  ten  thousand  dol- 
lars, conditioned  for  the  faithful  discharge  of  his  duty  as  com- 
missioner. They  shall  receive  such  compensation  as  may  be 
established  by  the  directors,  which  shall  be  paid  to  them  by  the 
company,  and  shall  not  be  diminished  during  their  continuance  in 
office. 

Sect.  11.  Whenever  the  directors  shall  receive  any  portion  of 
the  scrip,  authorized  as  aforesaid  to  be  delivered  to  them,  they 
shall  pay  to  the  city  treasurer,  two  per  cent,  of  the  amount  of  the 
scrip  so  delivered,  which  amount  shall  be,  by  the  city  treasurer, 
placed  to  the  credit  of  the  commissioners  of  the  sinking  fund,  and 
shall  constitute  a  part  of  said  fund.  The  directors  shall  also, 
annually,  in  the  month  of  April,  pay  to  the  city  treasurer,  from 
the  income  of  the  road,  one  per  cent,  of  the  whole  amount  of  scrip 
which  shall  have  been,  before  that  time  issued  and  delivered,  and 
shall  be  then  outstanding;  but  after  the  expiration  of  five  years 
from  the  time  of  the  delivery  and  receipt  of  the  first  portion  of 
scrip  as  aforesaid,  the  said  annual  payments  from  the  income  of  the 
road  shall  be  increased  to  one  an'd  a  half  per  cent,  of  the  amount 
of  the  scrip,  then  outstanding  as  aforesaid,  and  the  said  annual  pay- 
ments of  one  per  cent,  for  five  years,  and  one  and  a  half  per  cent, 
annually  thereafter,  shall  be  successively  placed  to  the  credit  of 
the  commissioners  of  the  sinking  fund,  and  shall  constitute  a  part 
of  said  fund. 

Sect.  12.  The  commissioners  shall  have  the  care  and  manage- 
ment of  all  the  moneys  and  securities  at  any  time  belonging  to 
said  fund;  but  the  moneys  uninvested  and  the  securities  shall  be 
in  the  custody  of  the  city  treasurer,  who  shall  be,  by  virtue  of 

16 


182         ATLANTIC    AND    SAINT   LAWRENCE   RAILROAD    COMPANY. 

his  office,  treasurer  of  the  sinking  fund,  and  shall  be  responsible, 
on  his  official  bond  to  the  city,  for  the  safe  keeping  of  the  moneys 
and  securities  of  the  fund.  He  shall  pay  out  and  deliver  any  of 
the  said  moneys  and  securities  only  upon  the  warrant  of  the  com- 
missioners. 

Sect.  13.  The  commissioners  shall  from  time  to  time,  at  their 
discretion,  invest  the  moneys  on  hand  securely,  so  that  they  shall 
be  productive,  and  the  same  may  be  loaned  on  mortgage  of  real 
estate,  or  to  any  county,  or  upon  pledge  of  the  securities  of  any 
county  in  this  State,  or  invested  in  the  stock  of  this  State,  or  of 
the  United  States,  or  in  the  stock  of  any  railroad  company  in 
New  England,  whose  road  is  completed,  and  whose  capital  has 
been  wholly  paid  in.  Any  portion  of  the  fund  may  be  invested 
in  the  city  scrip  authorized  by  this  Act,  and  such  scrip  shall 
not  thereby  be  extinguished,  but  shall  be  held  by  the  commission- 
ers, like  their  other  investments,  for  the  purposes  of  the  fund.  An 
amount  not  exceeding  ten  per  cent,  of  the  fund  may  be  loaned  on 
pledge  of  the  stock  of  any  bank,  or  of  any  stock  insurance  com- 
pany in  this  State.  And  the  commissioners  may  from  time  to  time 
sell  and  transfer  any  of  said  securities. 

Sect.  14.  The  sinking  fund  and  all  the  sums  which  shall  be 
added  thereto  by  accumulation  upon  the  investments  thereof,  shall 
be  reserved  and  kept  inviolate  for  the  redemption  and  reimburse- 
ment of  the  principal  of  said  scrip  at  the  maturity  thereof,  and 
shall  be  applied  thereto  by  the  commissioners. 

Sect.  15.  Any  of  the  shares  in  the  stock  of  the  railroad  com- 
pany, held  by  the  city  as  collateral,  may  be  sold  and  transferred 
by  direction  of  the  commissioners  of  the  sinking  fund,  with  the 
consent  of  the  directors  of  the  railroad  company,  whenever  an 
exchange  thereof  can  be  advantageously  made  for  any  of  the  city 
scrip,  authorized  by  this  Act,  or  whenever  the  said  scrip  can  be 
advantageously  purchased  with  the  proceeds  of  any  such  sale  of 
such  collateral  shares.  And  the  scrip  so  purchased  or  taken  in 
exchange,  shall  be  thereupon  cancelled  and  extinguished,  and  the 
amount  thereof  shall  be  endorsed  on  the  respective  bonds  of  the 
railroad  company  given  on  the  issue  and  delivery  of  such  scrip. 
But  no  part  of  the  sinking  fund,  or  of  its  accumulations  shall  be 
applied  at  any  time  or  in  any  manner  to  the  redemption  and  extin- 
guishment of  the  scrip  before  maturity  thereof. 

Sect.  16.  If  the  directors  of  the  railroad  company  shall,  at  any 
time,  fail  to  pay  to  the  city  treasurer,  for  the  sinking  fund,  the 


MAINE.  183 

amount  aforesaid  of  one  per  cent,  or  of  one  and  a  half  per  cent, 
required  to  be  paid  into  the  sinking  fund,  out  of  the  income  of  the 
road,  the  commissioners  are  authorized,  at  their  discretion,  upon 
such  notice  to  the  company  as  they  shall  deem  suitable,  to  sell  so 
many  of  such  collateral  shares  as  may  be  necessary  to  produce  the 
amount  of  such  deficiency,  and  the  proceeds  of  such  sale  shall 
thereupon  be  paid  into  the  sinking  fund,  and  shall  be  applied  to 
the  purposes  thereof.  And  all  conveyances  and  transfers  of  such 
collateral  shares  shall  be  made  by  the  city  treasurer,  under  the 
direction  of  the  commissioners  of  the  fund,  in  pursuance  of  the 
provisions  of  this  Act. 

Sect.  17.  The  commissioners  shall  keep  a  true  record  of  all 
their  proceedings  and  an  account  of  all  the  sums  paid  into  the 
fund,  and  of  the  investments  made  of  the  same,  and  shall,  annu- 
ally, in  the  month  of  July,  report  to  the  mayor  and  aldermen,  and 
to  the  directors  of  the  railroad  company,  their  proceedings  for  the 
year,  the  amount  and  condition  of  the  fund,  and  the  income  of  the 
several  parts  thereof.  And  their  records,  and  the  accounts  of  the 
fund,  and  the  securities  belonging  thereto,  shall  at  all  limes  be 
open  to  inspection  by  such  committee  as  may  be  appointed  for  that 
purpose  by  the  mayor  and  aldermen,  or  by  the  directors  of  the 
company. 

Sect.  18.  To  secure  the  faithful  discharge  of  the  several  trusts 
confided  to  the  said  commissioners  under  this  Act,  the  supreme 
judicial  court  is  hereby  empowered,  upon  the  complaint  of  the 
mayor  and  aldermen,  or  of  the  directors  of  the  railroad  company, 
against  the  said  commissioners,  or  either  of  them,  concerning  any 
of  said  trusts  and  duties,  by  summary  process  according  to  the 
course  of  proceedings  in  equity,  to  hear  and  adjudge  upon  the 
matter  of  such  complaint,  and  to  issue  thereon  any  suitable  writ 
or  process,  and  make  any  proper  decree  to  compel  the  appropriate 
discharge  and  performance  of  such  trusts  and  duties,  and  to  re- 
move the  said  commissioners,  or  either  of  them ;  and  in  case  of 
such  removal,  the  vacancy  shall  be  immediately  supplied,  as  pro- 
vided in  the  tenth  section  of  this  Act. 

Sect.  19.  If  the  said  sinking  fund  with  its  accumulations,  shall 
at  any  time  exceed  the  amount  of  the  scrip  unredeemed  and  out- 
standing, all  such  excess  shall  be  annually  paid  over  to  the  railroad 
company  ;  and  if  any  surplus  of  the  fund  shall  remain  after  the 
redemption  and  reimbursement  of  all  the  scrip,  such  surplus  shall 
be  paid  over  to  the  company. 


184  ANDROSCOGGIN   AND    KENNEBEC   RAILROAD. 

Sect.  20.  This  Act  shall  take  effect  and  be  in  force,  from  and 
after  its  approval  by  the  governor,  so  far  as  to  empower  the  direct- 
ors of  the  railroad  company,  and  the  inhabitants  of  the  city  to  act 
upon  the  question  of  accepting  the  same,  as  provided  in  the  second 
section  of  this  Act.  And  the  several  ward  meetings  of  the  inhabit- 
ants for  that  purpose,  shall  be  called  and  liolden  within  thirty  days 
after  such  approval.  And  if  the  Act  shall  be  accepted  as  afore- 
said, then,  after  such  acceptance,  and  record  thereof,  all  the  parts  of 
the  Act  shall  take  effect  and  be  in  full  force.  Approved,  Aiigust  1, 
1848. 


ANDROSCOGGIN  AND  KENNEBEC  RAILROAD. 

INCORPORATED    IN    MAINE    IN    1845. 

Chapter  270  of  the  Special  Laws  of  1845  eontahis  the  Charter, 

Sect.  1  grants  corporate  powers,  and  describes  the  route,  from  some  point  on  the 
Atlantic  and  St.  Lawrence  Railroad  to  the  Kennebec  River,  in  Waterville  or  Hal- 
lowell,  through  such  towns  as  they  may  elect,  provided  they  file  with  the  register 
of  deeds  for  Kennebec  County  a  specification  of  the  towns,  within  one  year  from 
the  approval  of  this  Act ;  it  authorizes  them  to  lay  one  or  more  sets  of  rails,  to 
hold  real  estate  for  the  purposes  of  the  road,  and  for  its  construction,  not  exceed- 
ing six  rods  in  vridth,  except  when  necessary  for  excavations  or  embankments  ; 
to  fell  or  remove  trees  within  four  rods  from  the  road  and  likely  to  obstruct  it, 
paying  for  said  land  so  taken  and  trees  so  removed  damages,  when  not  agreed 
upon,  to  be  assessed  by  the  County  Commissioners,  and  the  application  to  said 
commissioners  for  said  damages  must  be  made  within  three  years  from  the  time  of 
taking  the  property. 

Sect.  2  authorizes  guardians  of  infants  and  persons  non  compos  mentis,  and  feme 
coverts,  with  husbands  under  guardianship,  and  their  guardians,  to  release  land 
damages. 

Sect.  3  provides  that  the  capital  stock  shall  consist  of  not  less  than  4000  nor  more 
than  10,000  shares,  vests  the  government  in  seven,  nine,  or  thirteen  Directors,  and 
provides  for  the  choice  of  officers  ;  it  directs  that  books  for  subscriptions  to  the 
stock  shall  be  opened  at  Augusta,  Bangor,  and  Portland,  in  this  State,  and  at 
Salem  and  Boston,  in  Massachusetts,  to  remain  open  for  ten  days,  twenty  days' 
public  notice  having  been  given,  and  that,  if  more  that  10.000  shares  be  subscribed 
for,  they  shall  be  distributed  among  the  subscribers  according  to  previous  regula- 
tions ;  it  also  establishes  the  mode  of  organization. 

Sect.  4  authorizes  them  to  make  by-laws  not  repugnant  to  the  laws  of  the  State. 

Sect.  5  defines  the  powers  and  duties  of  the  President  and  Directors,  and  author- 
izes them  to  make  equal  assessments,  not  exceeding  one  hundred  dollars  on  each 
share,  and  to  sell  shares  for  non-payment  of  assessments,  after  notice. 

Sect.  6  grants  a  toll,  subject  to  the  regulations  of  the  Directors. 


MAINE.  185 

Sect.  7  provides  that  the  Legislature  may  authorize  other  roads  to  connect  with  this 
road  from  a  northerly  or  easterly  direction ;  and  that  this  Company  shall  trans- 
port their  passengers  and  freight  over  this  road,  at  the  rates  of  toll  prescribed  for 
this  road. 

Sect.  8  directs  the  mode  of  crossing  any  private  way,  highway,  canal,  or  turnpike ; 
authorizes  them  to  raise  or  lower,  if  necessary,  any  private  way,  highway,  or 
turnpike  ;  and  requires  that  they  shall  erect  gates  over  such  crossings,  for  the 
safety  of  travellers. 

Sect.  9  provides  that  they  shall  erect  and  maintain  bridges  over  such  crossings. 

Sect.  10  authorizes  them  to  construct  bridges  over  navigable  waters,  for  their  sole 
use,  so  as  not  unnecessarily  to  impede  navigation. 

Sect.  11  requires  that  they  shall  maintain  sufficient  fences  on  each  side  of  enclosed 
or  improved  lands,  through  which  the  road  may  pass,  in  neglect  thereof  being 
liable  to  indictment  and  fine. 

Sect.  12  provides  that  they  shall  transport  when  required,  the  U.  S.  Mail,  for  a  pro- 
per compensation,  which,  if  not  agreed  upon,  shall  be  determined  by  the  Legisla- 
ture ;  that  said  road  be  kept  in  good  repair,  after  they  comnnence  receiving  tolls, 
and  that  they  provide  suitable  engines  and  cars,  and  receive  passengers  and  goods, 
having  a  hen  on  the  latter  for  freight ;  and  that  no  other  engines  or  cars  shall  be 
run  on  this  road,  except  such  as  connect  with  it,  as  provided  in  sections  six  and 
seven. 

Sect.  13  enacts  that  any  person  wilfully  placing  obstructions  on  the  road,  or  injuring 
or  destroying  any  property  of  the  Company,  or  materials  used  in  the  construction 
of  the  road,  or  any  person  abetting  therein,  shall  pay  to  the  Corporation  treble 
the  amount  of  damages,  to  be  recovered  by  action ;  and  shall  be  liable  to  indict- 
ment and  fine  or  imprisonment. 

Sect.  14  provides  that  they  shall  keep  correct  books  of  account,  open  to  the  inspec- 
tion of  the  Governor  and  Council ;  and  at  the  end  of  each  year,  the  Treasurer 
shall  exhibit  to  the  Legislature  the  net  profits  of  the  road. 

Sect.  15  provides  that  real  estate  purchased  and  used  by  the  Corporation  shall  be 
taxed  to  it  where  the  land  is  situated,  and  shareholders  shall  be  taxed  for  their 
shares,  as  personal  property ;  that  wherever  the  net  income  of  the  road  exceeds 
10  per  cent,  upon  its  cost,  one  half,  or  such  proportion  as  shall  be  fixed,  of  such 
excess  shall  be  paid  by  said  Corporation  into  the  State  Treasury,  and  the  State 
may  maintain  an  action  therefor ;  but  no  other  tax  shall  be  levied  on  said  Cor- 
poration. 

Sect.  16  appoints  the  time  of  the  annual  meeting,  when  Directors  shall  be  chosen  I 
and  they  may  call  special  meetings,  if  necessary. 

Sect.  17  empowers  the  Legislature  to  inquire  into  the  doings  of  the  Corporation,  to 
correct  and  prevent  abuses,  and  to  pass  laws  imposing  penalties ;  and  provides 
that  this  Act  shall  not  be  altered  or  repealed,  except  with  the  consent  of  the  Cor- 
poration or  by  powers  of  law. 

Sect.  18  provides  that,  if  the  Corporation  be  not  organized  and  the  location  filed  on 
or  before  December  31,  1850,  or  the  road  completed  on  or  before  December  31, 
1860,  this  Act  shall  be  void. 

Chap.  106  of  Laws  of  1848  contaitis  mi  additional  Act. 

Sect.  1  authorizes  the  Company  to  increase  their  stock  $400,000. 
Sect.  2  provides  that  this  Act  shall  take  eff"ect  fi-om  and  after  its  approval  by  the 
Governor. 

16* 


186  ANDROSCOGGIN   AND    KENNEBEC   RAILROAD. 

Laws  op  1845,  Chap.  270. 

An  Act  to  establish  the  Androscoggin  and  Kennebec  Railroad. 

Sect.  1.  Be  it  enacted^  ^'c.  That  William  R.  Frye,  Edward 
Little,  James  Lowell,  Thomas  B.  Little,  Nathan  Reynolds.  N.  B. 
Reynolds,  John  M.  Frye,  Calvin  Gorham,  John  B.  Brown,  St. 
John  Smith,  John  Dow,  Charles  E.  Barrett,  and  James  Hall,  their 
associates,  successors,  and  assigns,  are  hereby  made  and  constituted 
a  body  politic  and  corporate,  by  the  name  of  the  Androscoggin 
and  Kennebec  Railroad  Company  ;  and  by  that  name  may  sne  and 
be  sued  ;  plead  and  be  impleaded  ;  and  shall  have  and  enjoy  all 
proper  remedies  at  law  and  in  equity  to  secure  and  protect  them  in 
the  exercise  and  use  of  the  rights  and  privileges  and  in  the  per- 
formance of  the  duties  hereinafter  granted  and  enjoined,  and  to 
prevent  all  invasion  thereof,  or  interruption  in  exercising  and  per- 
forming the  same.  And  the  said  corporation  are  hereby  authorized 
and  empowered  to  locate,  construct,  and  finally  complete,  alter  and 
keep  in  repair,  a  railroad  with  one  or  more  sets  of  rails  or  tracks, 
with  all  suitable  bridges,  tunnels,  viaducts,  turnouts,  culverts, 
drains,  and  all  other  necessary  appendages,  from  some  point  of 
intersection  of  the  Atlantic  and  Saint  Lawrence  Railroad,  easterly, 
through  the  town  of  Lewiston  to  or  near  the  Kennebec  River,  at 
some  point  between  the  north  line  of  the  town  of  Waterville  and 
the  south  line  of  Hallowell,  on  such  route  as  the  directors  of  said 
corporation,  in  the  excercise  of  their  best  judgment  and  discretion, 
shall  judge  most  favorable  and  best  calculated  to  promote  the  pub- 
lic convenience  and  carry  into  effect  the  intentions  and  purposes  of 
this  Act :  Provided,  said  corporators  shall  within  one  year  from 
the  approval  of  this  Act,  file  with  the  register  of  deeds,  for  the 
county  of  Kennebec,  a  specification  of  the  towns  through  which 
said  road  is  to  run,  and  also  the  point  of  its  eastern  terminus. 
And  said  corporation  shall  be,  and  hereby  are,  invested  with  all 
the  powers,  privileges,  and  immimities,  which  are  or  may  be  neces- 
sary to  carry  into  effect  the  purposes  and  objects  of  this  Act  as 
herein  set  forth.  And  for  this  purpose  said  corporation  shall  have 
the  right  to  purchase,  or  to  take  and  hold  so  much  of  the  land  and 
other  real  estate  of  private  persons  and  corporations,  as  may  be 
necessary  for  the  location,  construction,  and  convenient  operation 
of  said  railroad  ;  and  they  shall  also  have  the  right  to  take,  remove. 


MAINE.  187 

and  use  for  the  construction  and  repair  of  said  railroad  and  appur- 
tenances, any  earth,  gravel,  stone,  timber,  or  other  materials,  on  or 
from  the  land  so  taken  :  Provided,  however,  that  said  land,  so 
taken,  shall  not  exceed  six  rods  in  width,  except  when  greater 
width  is  necessary  for  the  purpose  of  excavation  or  embankment; 
And  provided,  also,  that  in  all  cases  said  corporation  shall  pay  for 
such  lands,  estate,  or  materials,  so  taken  and  used,  such  price  as 
they  and  the  owner  or  respective  owners  thereof  may  mutually 
agree  on ;  and  in  case  said  parties  shall  not  otherwise  agree,  then 
said  corporation  shall  pay  such  damages  as  shall  be  ascertained 
and  determined  by  the  county  commissioners  for  the  county  where 
such  land  or  other  property  may  be  situated,  in  the  same  manner 
and  under  the  same  conditions  and  limitations,  as  are  by  law  pro- 
vided in  the  case  of  damages  by  the  laying  out  of  highways.  And 
the  land  so  taken  by  said  corporation,  shall  be  held  as  lands  taken 
and  appropriated  for  public  highways.  And  no  application  to  said 
commissioners  to  estimate  said  damages  shall  be  sustained  unless 
made  within  three  years  from  the  time  of  taking  such  land  or  other 
property  ;  and  in  case  such  railroad  shall  pass  through  any  wood- 
lands or  forests,  the  said  company  shall  have  the  right  to  fell  or 
remove  any  trees  standing  therein,  within  four  rods  from  such 
road,  which  by  their  liability  to  be  blown  down,  or  from  their 
natural  falling  might  obstruct  or  impair  said  railroad,  by  paying  a 
just  compensation  therefor,  to  be  recovered  in  the  same  manner  as 
is  provided  for  the  recovery  of  other  damages  in  this  Act.  And 
furthermore  said  corporation  shall  have  all  the  powers,  privileges, 
and  immunities,  and  be  subject  to  all  the  duties  and  liabilities  pro- 
vided and  prescribed  respecting  railroads,  in  chapter  eighty-one  of 
the  revised  statutes,  not  inconsistent  with  the  express  provisions  of 
this  charter. 

Sect.  2.  When  said  corporation  shall  take  any  land  or  other 
estate  as  aforesaid,  of  any  infant,  person  non  compos  mentis,  or 
feme  covert,  whose  husband  is  under  guardianship,  the  guardian 
of  such  infant,  or  person  non  compos  metitis,  and  such  feme  covert, 
with  the  guardian  of  her  husband,  shall  have  full  power  and 
authority  to  agree  and  setde  with  said  corporation,  for  damages  or 
claims  for  damages,  by  reason  of  taking  such  land  and  estate 
aforementioned,  and  give  good  and  valid  releases  and  discharges 
therefor. 

Sect.  3.  The  capital  stock  of  said  corporation  shall  consist  of 


188  ANDROSCOGGIN   AND    KENNEBEC   RAILROAD. 

not  less  than  four  thousand  nor  more  than  ten  thousand  shares ; 
and  tlie  immediate  government  and  direction  of  the  affairs  of  said 
corporation  shall  be  vested  in  seven,  nine,  or  thirteen  directors, 
who  shall  be  chosen  by  the  members  of  said  corporation,  in   the 
manner  hereinafter  provided,   and  shall  hold    their  offices  until 
others  shall  have  been  duly  elected  and  qualified  to  take  their 
places,  a  majority  of  whom  shall  form  a  quorum  for  the  transac- 
tion of  business,  and  they  shall  elect  one  of  their  number  to  be 
president  of  the  board,  who  shall  also  be  the  president  of  the  cor- 
poration ;  and  shall  have  authority  to  choose  a  clerk,  who  shall  be 
sworn  to  the  faithful  discharge  of  his  duty ;  and  a  treasurer,  who 
shall  be  sworn  and  also  give  bonds  to  the  corporation,  with  sureties 
to  the  satisfaction  of  the  directors,  in  a  sum  not  less  than  twenty 
thousand  dollars,  for  the  faithful  discharge  of  his  trust.     And  for 
the  purpose  of  receiving  subscriptions  to  the  said  stock,  books  shall 
be  opened,  under  the  direction  of  the  persons  named  in  the  first 
section  of  thi's  Act,  at  such  time  as  they  may  determine,  in  the 
town  of  Augusta,  and  the  cities  of  Bangor  and  Portland,  in  this 
State,  and  the  cities  of  Salem  and  Boston,  in  Massachusetts,  and 
elsewhere  as  they  shall  appoint,  to  remain  open  for  ten  successive 
days,  of  which  time  and  place  of  subscription  public  notice  shall 
be  given  in  some  newspaper  printed  in  Portland,  Augusta,  and 
Boston,  twenty  days  at  least  previous  to  the  opening  of  said  sub- 
scription ;  and  in  case  the  amount  subscribed  shall  exceed  ten 
thousand  shares,  the  same  shall  be  distributed  among  all  the  sub- 
scribers according  to  such  regulations  as  the  persons  having  charge 
of  the  opening  of  the  subscription  books  shall  prescribe  before  the 
opening  of  said  books.     And  any  five  of  the  persons  named  in  the 
first  section  of  this  Act,  are  hereby  authorized  to  call  the  first  meet- 
ing of  said  corporation,  by  giving  notice  in  one  or  more  newspa- 
pers published  in  the  town  and  cities  last  above  named,  of  the  time 
and  place,  and  the  purposes  of  such  meeting,  at  least  twenty  days 
before  the  time  mentioned  in  such  notice. 

Sect.  4.  Said  corporation  shall  have  power  to  make,  ordain,  and 
establish  all  necessary  by-laws  and  regulations,  consistent  with  the 
constitution  and  the  laws  of  this  State,  for  their  own  government, 
and  for  the  due  and  orderly  conducting  of  their  aflairs,  and  the 
management  of  their  property. 

Sect.  5.  The  president  and  directors  for  the  time  being,  are 
hereby  authorized  and  empowered,  by  themselves  or  their  agents, 


MAINE.  189 

to  exercise  all  the  powers  herein  granted  to  the  corporation,  for  the 
purpose  of  locating,  constructing,  and  completing  said  railroad, 
and  for  the  transportation  of  persons,  goods,  and  property  of  all  de- 
scriptions ;  and  all  such  power  and  authority  for  the  management 
of  the  affairs  of  the  corporation  as  may  be  necessary  and  proper  to 
carry  into  effect  the  objects  of  this  grant ;  to  purchase  and  hold 
land,  materials,  engines,  and  cars,  and  other  necessary  things,  in 
the  name  of  the  corporation  for  the  use  of  said  road,  and  for  the 
transportation  of  persons,  goods,  and  property  of  all  descriptions  ; 
to  make  such  equal  assessments  from  time  to  time,  on  all  the 
shares  in  said  corporation,  as  they  may  deem  expedient  and  neces- 
sary in  the  execution  and  the  progress  of  the  work,  and  direct  the 
same  to  be  paid  to  the  treasurer  of  the  corporation.  And  the  trea- 
surer shall  give  notice  of  all  such  assessments;  and  in  case  any 
subscriber  or  stockholder  shall  neglect  to  pay  any  assessment,  on 
his  share  or  shares,  for  the  space  of  thirty  days  after  such  notice  is 
given,  as  shall  be  prescribed  by  the  by-laws  of  said  corporation, 
the  directors  may  order  the  treasurer  to  sell  such  share  or  shares, 
at  public  auction,  after  giving  such  notice  as  may  be  prescribed  as 
aforesaid,  to  the  highest  bidder,  and  the  same  shall  be  transferred 
to  the  purchaser,  and  such  delinquent  stockholder  or  subscriber 
shall  be  held  accountable  to  the  corporation  for  the  balance,  if  his 
share  or  shares  shall  sell  for  less  than  the  assessments  due  thereon, 
with  the  interest  and  costs  of  sale ;  and  shall  be  entitled  to  the 
overplus,  if  his  share  or  shares  shall  sell  for  more  than  the  assess- 
ments due  with  interest  and  costs  of  sale  :  Provided^  however^  that 
no  assessments  shall  be  laid  upon  any  shares  in  said  corporation  of 
a  greater  amount  in  the  whole,  than  one  hundred  dollars. 

Sect.  6,  A  toll  is  hereby  granted  and  established  for  the  sole 
benefit  of  said  corporation,  upon  all  passengers  and  property  of  all 
descriptions,  which  may  be  conveyed  or  transported  by  them  upon 
said  road,  at  such  rate  as  may  be  agreed  upon  and  established 
from  time  to  time  by  the  directors  of  said  corporation.  The  trans- 
portation of  persons  and  property,  the  construction  of  wheels,  the 
forms  of  cars  and  carriages,  the  weights  of  loads,  and  all  other 
matters  and  things  in  relation  to  said  road,  shall  be  in  conformity 
with  such  rules,  regulations,  and  provisions,  as  the  directors  shall 
from  time  to  time  prescribe  and  direct. 

Sect.  7.  The  legislature  may  authorize  any  other  compan3/-  or 
companies  to  connect  any  other  railroad  or  railroads  coming  from 
a  northerly  or  easterly  direction,  with  the  railroad  of  said  corpora- 


190  ANDROSCOGGIN   AND    KENNEBEC   RAILROAD. 

tion.  And  said  corporation  shall  receive  and  transport  all  persons, 
goods,  and  property  of  all  descriptions,  which  may  be  carried  and 
transported  to  the  railroad  of  said  corporation,  on  such  other  rail- 
roads as  may  be  hereafter  authorized  to  be  connected  therewith, 
at  the  same  rates  of  freight  and  toll,  as  may  be  prescribed  by  said 
corporation,  so  that  the  rates  of  freight  and  toll  on  such  passen- 
gers and  goods  and  other  property  as  may  be  received  from  such 
other  railroads,  so  connected  with  said  railroad,  as  aforesaid,  shall 
not  exceed  the  general  rates  of  freight  and  toll  on  said  railroad 
received  for  freight  and  passengers  at  any  of  the  deposits  of  said 
corporation. 

Sect.  8.  If  the  said  railroad,  in  the  course  thereof,  shall  cross 
any  private  way,  the  said  corporation  shall  so  construct  said  rail- 
road as  not  to  obstruct  the  safe  and  convenient  use  of  such  private 
way ;  and  if  the  said  railroad  shall,  in  the  course  thereof,  cross 
any  canal,  turnpike,  railroad,  or  other  highway,  the  said  railroad 
shall  be  so  constructed  as  not  to  obstruct  the  safe  and  convenient 
use  of  sucli  canal,  turnpike,  or  other  highway;  and  the  said  cor- 
poration shall  have  power  to  raise  or  lower  such  turnpike,  high- 
way, or  private  way,  so  that  the  said  railroad,  if  necessary,  may 
conveniently  pass  under  or  over  the  same,  and  erect  such  gate  or 
gates  thereon,  as  may  be  necessary  for  the  safety  of  travellers  on 
said  turnpike,  railroad,  highway,  or  private  way. 

Sect.  9.  Said  railroad  corporation  shall  constantly  maintain,  in 
good  repair,  all  bridges  with  their  abutments  and  embankments, 
which  they  may  construct  for  the  purpose  of  conducting  their  rail- 
road over  any  canal,  turnpike,  highway,  or  private  way,  or  for 
constructing  such  private  way  or  turnpike  over  said  railroad. 

Sect.  10.  If  said  road  shall,  in  the  course  thereof,  cross  any 
lakes,  ponds,  navigable  rivers,  or  streams,  the  said  corporation  are 
hereby  authorized  and  empowered  to  erect  for  the  sole  and  exclu- 
sive travel  on  their  said  railroad,  a  bridge  across  each  of  said 
rivers,  lakes,  ponds,  or  streams;  lirovided^  said  bridge  or  bridges 
shall  be  so  constructed  as  not  unnecessarily  to  obstruct  and  impede 
the  navigation  of  said  waters. 

Sect.  11.  Said  railroad  corporation  shall  erect  and  maintain  sub- 
stantial, legal  and  sufficient  fences  on  each  side  of  the  land  taken 
by  them  for  their  railroad,  where  the  same  passes  through  enclosed 
or  improved  lands,  or  lands  that  may  hereafter  be  improved  ;  and 
for  neglect  to  erect  and  maintain  such  fence,  said  corporation  shall 
be  liable  to  be  indicted  in  the  district  court  for  the  county  where 


MAINE.  191 

such  fence  shall  be  insufficient,  and  to  be  fined  in  such  sum  as 
shall  be  adjudged  necessary  to  repair  the  same,  and  such  fine  shall 
be  expended  for  the  erection  or  repair  of  said  fence  under  the  di- 
rection of  an  agent  appointed  by  said  court,  as  in  case  of  fines 
imposed  upon  towns  for  deficiency  of  highways. 

Sect.  12.  The  said  corporation  shall,  at  all  times  when  the  post- 
master-general shall  require  it,  be  holden  to  transport  the  mail  of 
the  United  States  from  and  to  such  place  or  places  on  said  road 
as  required,  for  a  fair  and  reasonable  compensation.  And  in  case 
the  corporation  and  the  postmaster-general  shall  be  unable  to  agree 
upon  the  compensation  aforesaid,  the  legislature  of  the  State  shall 
determine  the  same.  And  said  corporation  after  they  shall  com- 
mence the  receiving  of  tolls,  shall  be  bound  at  all  times  to  have 
said  railroad  in  good  repair,  and  a  sufficient  number  of  suitable 
engines,  carriages,  and  vehicles  for  the  transportation  of  persons 
and  articles,  and  be  obliged  to  receive  at  all  proper  times  and 
places,  and  convey  the  same  when  the  appropriate  tolls  therefor 
shall  be  paid  and  tendered ;  and  a  lien  is  heieby  created  on  all 
articles  transported  for  said  tolls.  And  the  said  corporation  fulfil- 
ling on  its  part  all  and  singular  the  several  obligations  and  duties 
by  this  section  imposed  and  enjoined  upon  it,  shall  not  be  held  or 
bound  to  allow  any  engine,  locomotive,  cars,  carriages,  or  other 
vehicle  for  the  transportation  of  persons  or  merchandise,  to  pass 
over  said  railroad  other  than  its  own,  furnished  and  provided  for 
that  purpose,  as  herein  enjoined  and  required  :  Provided^  however^ 
that  said  corporation  shall  be  under  obligations  to  transport  over 
said  road,  in  connection  with  their  own  trains,  the  passengers  and 
other  cars  of  any  other  incorporated  company  that  may  hereafter 
construct  a  railroad  connecting  with  that  hereby  authorized,  such 
other  company  being  subject  to  all  the  provisions  of  the  sixth  and 
seventh  sections  of  this  Act  as  to  rates  of  toll,  and  all  other  par- 
ticulars enumerated  in  said  sections. 

Sect.  13.  If  any  person  shall  wilfully  and  maliciously,  or  wan- 
tonly and  contrary  to  law,  obstruct  the  passage  of  any  carriage  on 
said  railroad,  or  in  any  way  spoil,  injure,  or  destroy  said  railroad, 
or  any  part  thereof,  or  any  thing  belonging  thereto,  or  any  material 
or  implements  to  be  employed  in  the  construction  or  for  the  use  of 
said  road,  he,  she,  or  they,  or  any  person  or  persons  assisting,  aid- 
ing, or  abetting  such  trespass,  shall  forfeit  and  pay  to  said  corpora- 
tion for  every  such  oflence,  treble  such  damages  as  shall  be  proved 
before  the  justice,  court,  or  jury,  before  whom  the  trial  shall  be 


192  ANDROSCOGGIN    AND    KENNEBEC    RAILROAD. 

had,  to  be  sued  for  before  any  justice  or  in  any  court  proper  to  try 
the  same,  by  the  treasurer  of  the  corporation,  or  other  officer  whom 
they  may  direct,  to  the  use  of  said  corporation.  And  such  offender 
or  offenders  shall  be  liable  to  indictment,  by  the  grand  jury  of  the 
county  within  which  trespass  shall  have  been  committed,  for  any 
offence  or  offences  contrary  to  the  above  provisions  ;  and  upon  con- 
viction thereof,  before  any' court  competent  to  try  the  same,  shall 
pay  a  fine  not  exceeding  five  hundred  dollars,  to  the  use  of  the 
State,  or  may  be  imprisoned  for  a  term,  not  exceeding  five  years,  at 
the  discretion  of  the  court  before  whom  such  conviction  may  be  had. 

Sect.  14.  Said  corporation  shall  keep  in  a  book  for  that  purpose, 
a  regular  account  of  all  their  disbursements,  expenditures,  and 
receipts,  and  the  books  of  said  corporation  shall  at  all  times  be  open 
to  the  inspection  of  the  governor  and  council,  and  of  any  commit- 
tee duly  authorized  by  the  legislature ;  and  at  the  expiration  of 
every  year,  the  treasurer  of  said  corporation  shall  make  an  ex- 
hibit, under  oath,  to  the  legislature,  of  the  net  profits  derived  from 
the  income  of  said  railroad. 

Sect.  15.  All  real  estate  purchased  by  said  corporation  for  the 
use  of  the  same,  under  the  fifth  section  of  this  Act,  shall  be  taxa- 
ble to  said  corporation  by  the  several  towns,  cities,  and  plantations 
in  which  said  lands  lie,  in  the  same  manner  as  lands  owned  by 
private  persons,  and  shall,  in  the  valuation  list,  be  estimated  the 
same  as  other  real  estate,  of  the  same  quality,  in  such  town,  city, 
or  plantation,  and  not  otherwise;  and  the  shares  owned  by  the 
respective  stockholders  shall  be  deemed  personal  estate,  and  be 
taxable  as  such  to  the  owners  thereof,  in  the  places  where  they 
reside  and  have  their  homes.  And  whenever  the  net  income  of 
said  corporation  shall  have  amounted  to  ten  per  centum  per  annum 
upon  the  cost  of  the  road  and  its  appendages  and  incidental  expen- 
ses, the  directors  shall  make  a  special  report  of  the  fact  to  the  legis- 
lature ;  from  and  after  which  time  one  moiety  or  such  other  portion 
as  the  legislature  may  from  time  to  time  determine,  of  the  net 
income  of  said  railroad  accruing  thereafter,  over  and  above  ten 
per  centum  per  annum,  first  to  be  paid  to  the  stockholders,  shall 
annually  be  paid  over  by  the  treasurer  of  said  corporation  as  a 
tax,  into  the  treasury  of  the  State,  for  the  use  of  the  State.  And 
the  State  may  have  and  maintain  an  action  against  said  corpora- 
tion therefor  to  recover  the  same.  But  no  other  tax  than  herein  is 
provided,  shall  ever  be  levied  or  assessed  on  said  corporation,  or 
any  of  their  privileges  or  franchises. 


MAINE.  193 

Sect.  16.  The  annual  meeting  of  the  members  of  said  corpora- 
tion shall  be  holden  on  the  first  Monday  in  August,  or  such  other 
day  as  shall  be  determined  by  the  by-laws,  at  such  time  and  place 
as  the  directors  for  the  time  being  shall  appoint,  at  which  meeting 
the  directors  shall  be  chosen  by  ballot,  each  proprietor,  by  himself 
or  proxy,  being  entitled  to  as  many  votes  as  he  holds  shares  ;  and 
the  directors  are  hereby  authorized  to  call  special  meetings  of  the 
stockholders  whenever  they  shall  deem  it  expedient  and  proper, 
giving  such  notice  as  the  corporation  by  their  by-laws  shall  direct. 

Sect.  17.  The  legislature  shall  at  all  times  have  the  right  to 
inquire  into  the  doings  of  the  corporation,  and  into  the  manner  in 
which  the  privileges  and  franchises,  herein  and  hereby  granted, 
may  have  been  used  and  employed  by  said  corporation,  and  to 
correct  and  prevent  all  abuses  of  the  same,  and  to  pass  any  laws 
imposing  fines  and  penalties  upon  said  corporation,  which  may  be 
necessary  more  eff'ectually  to  compel  a  compliance  with  the  provis- 
ions, liabilities,  and  duties  hereinbefore  set  forth  and  enjoined,  but 
not  to  impose  any  other  or  further  duties,  liabilities,  or  obligations; 
and  this  charter  shall  not  be  revoked,  annulled,  altered,  limited,  or 
restrained,  without  the  consent  of  the  corporation,  except  by  due 
process  of  law. 

Sect.  18.  If  the  said  corporation  shall  not  have  been  organized, 
and  the  location  according  to  actual  survey  of  the  route  filed  with 
the  county  commissioners  of  the  counties  through  which  the  same 
shall  pass,  on  or  before  the  thirty-first  day  of  December,  in  the 
year  of  our  Lord  one  thousand  eight  hundred  and  fifty,  or  if  the 
said  corporation  shall  fail  to  complete  said  railroad  on  or  before  the 
thirty-first  day  of  December,  in  the  year  of  our  Lord  one  thousand 
eight  hundred  and  sixty,  in  either  of  the  above  mentioned  cases, 
this  Act  shall  be  null  and  void.     Approved^  March  28,  1845. 

Laws  of  1848,  Chap.  106. 

An  Act  to  authorize  the  Androscoggin  and  Kennebec  Raih'oad  Company  to  increase 

its  Capital  Stock. 

Sect.  1.  Be  it  enacted^  ^'c.  That  the  Androscoggin  and  Ken- 
nebec Railroad  Company  is  hereby  authorized  to  increase  its  capi- 
tal stock,  by  adding  thereto  the  sum  of  four  hundred  thousand 
dollars,  to  be  divided  into  shares  of  one  hundred  dollars  each. 

Sect.  2.  This  Act  shall  take  effect  and  be  in  force,  from  and 
after  its  approval  by  the  governor.     Approved,  June  21,  1848. 

17 


194  PENOBSCOT   AND    KENNEBEC    RAILROAD    COMPANY. 

PENOBSCOT  AND   KENNEBEC   RAILROAD   COMPANY. 
INCORPORATED    IN    MAINE    IN    1845. 

Chapter  285  of  the  Special  Laws  of  1845  contains  the  Charter. 

Sect.  1  grants  corporate  powers,  and  describes  the  route ;  authorizes  them  to  take 
and  hold  real  estate  sufficient  for  the  purposes  of  the  road,  not  exceeding  six  rods 
in  width,  except  when  necessary  for  excavation  and  embankment,  and  to  fell  or 
remove  trees,  within  four  rods  from  the  road,  likely  to  obstruct  it,  they  paying  for 
said  land  so  taken  and  said  trees  so  removed  damages,  when  not  agreed  upon,  to 
be  assessed  bj'  the  County  Commissioners;  it  provides  that  application  for  such 
damages  must  be  made  within  three  years  from  the  time  of  taking  the  property, 
and  that  this  Corporation  shall  be  subject  to  the  provisions  of  chapter  81  of 
the  Revised  Statutes. 

Sect.  2  authorizes  the  guardian  of  any  infant  or  person  non  compos  mentis,  or  feme 
covert,  whose  husband  is  under  guardianship,  with  his  guardian  to  release  land 
damages. 

Sect.  3  enacts  that  the  capital  stock  shall  consist  of  not  less  than  4000  nor  more 
than  10,000  shares,  vests  the  government  in  seven,  nine,  or  thirteen  Directors,  £ind 
pro-vides  for  the  choice  of  officers  ;  it  provides  that  books  for  subscription  to  the 
stock  shall  be  opened  in  Augusta,  Portland,  and  Bangor  in  this  State,  and  Salem 
and  Boston  in  ilassachusetts,  to  remain  open  ten  days,  twenty  days'  public  notice 
having  first  been  given ;  and  if  the  number  of  shares  subscribed  for  should  ex- 
ceed 10,000,  they  shall  be  distributed  among  the  subscribers  according  to  previous 
regulations  ;  it  also  estabUshes  the  mode  of  organization. 

Sect.  4  authorizes  them  to  make  by-laws  not  repugnant  to  the  laws  of  the  State. 

Sect.  5  defines  the  powers  and  duties  of  the  President  and  Directors,  and  author- 
izes them  to  make  equal  assessments  not  exceeding  $100  each,  and  to  seU  any 
shares  for  non-pajTnent  of  assessments,  after  notice. 

Sect.  6  grants  a  toll,  to  be  established,  as  well  as  all  other  things,  by  the  Directors. 

Sect.  7  provides  that  the  Legislature  may  authorize  other  Companies  to  connect 
their  roads,  from  a  northerly  or  easterly  direction,  with  this  road,  and  their  passen- 
gers and  goods  to  be  transported  by  paying  the  rates  of  toU  prescribed  on  this  road. 

Sect.  8  directs  the  mode  of  crossing  any  private  way,  highway,  canal,  turnpike  or 
railroad  ;  provides  that  they  may  raise  or  lower  any  private  way,  highway  or  turn- 
pike ;  and  requkes  that  they  shall  erect  gates  on  such  crossings,  for  the  safety  of 
travellers. 

Sect.  9  provides  that  they  shall  erect  and  maintain  bridges  over  such  crossings. 

Sect.  10  authorizes  them  to  construct  bridges  over  navigable  waters,  for  their  sole 
use,  except  over  Kennebec  River  south  of  the  Kennebec  Bridge  at  Augusta  or 
within  twenty  rods  of  any  existing  bridge,  provided  they  do  not  unnecessarily 
obstruct  navigation. 

Sect.  1 1  requires  that  they  shall  erect  and  maintain  sufficient  fences  on  each  side  of 
enclosed  or  improved  lands,  through  which  the  road  may  pass,  in  neglect  thereof 
being  liable  to  indictment  and  fine. 

Sect.  12  provides  that  they  shall  transport,  when  required,  the  TJ.  S.  Mail,  for  a 
proper  compensation,  which,  if  not  agreed  upon,  shall  be  determined  by  the  Legis- 
lature ;  that  said  road  shall  be  kept  in  good  repair,  after  they  commence  receiving 


MAINE.  195 

tolls,  and  that  they  shall  provide  suitable  engines  and  ears,  and  convey  passengers 
and  goods,  having  a  lien  on  the  latter  for  freight ;  that  no  other  engines  or  cars 
shall  be  run  on  this  road,  except  such  as  connect  with  it,  as  provided  in  sections  6 
and  7. 

Sect.  13  enacts  that  any  person  wilfully  placing  obstructions  on  the  road,  or  injur- 
ing or  destroying  any  property  of  the  Company,  or  materials  used  in  the  construc- 
tion of  the  road,  or  any  jDcrson  abetting  therein,  shall  pay  to  the  Corporation  treble 
damages,  to  be  recovered  by  action ;  and  shall  be  liable  to  indictment,  and  fine  or 
imprisonment. 

Sect.  14  requires  that  they  shall  keep  correct  books  of  account,  open  to  the  inspec- 
tion of  the  Governor  and  Council,  and  at  the  end  of  each  year,  the  Treasurer  shall 
exhibit  to  the  Legislature  the  net  profits  of  the  road. 

Sect.  15  provides  that  real  estate  purchased  and  used  by  the  Company  shall  be 
taxed  to  them  where  the  land  is  situated,  and  shareholders  shall  be  taxed  for  their 
shares  as  personal  property  ;  that  whenever  the  net  income  of  the  road  exceeds  10 
per  cent  upon  its  cost,  one  haK  of  such  excess,  or  such  proportion  as  may  be 
determined  by  the  Legislature,  shall  be  paid  into  the  State  Treasury,  and  the  State 
may  maintain  an  action  therefor ;  but  no  other  tax  shall  be  levied  on  the  Cor- 
poration. 

Sect.  16  appoints  the  time  of  the  annual  meeting,  when  Directors  shall  be  chosen  ; 
and  they  may  call  special  meetings,  if  necessary. 

Sect.  17  empowers  the  Legislature  to  inquire  into  the  domgs  of  the  Corporation,  to 
correct  and  prevent  abuses,  and  to  pass  laws  imposing  penalties ;  and  provides 
that  this  Act  shall  not  be  altered  or  repealed,  except  with  the  consent  of  the  Cor- 
poration or  by  process  of  law. 

Sect.  18  provides,  if  the  Corporation  shall  not  have  been  organized  and  the  loca- 
tion filed  on  or  before  December  31,  1850,  or  the  road  completed  on  or  before 
December  31,  1860,  that  this  Act  shall  be  void. 

Chapter  287  of  the  Acts  of  1849  contains  an  Act  to  establish  said  Company. 

Sect.  1  grants  corporate  powers  ;  it  authoiizes  the  Company  to  construct  a  railroad 
on  the  route  described,  and  to  take  land  and  materials  for  its  construction,  provided 
they  pay  therefor  a  compensation,  if  not  agreed  by  the  parties,  to  be  determined 
by  the  County  Commissioners  for  the  County  as  therein  directed ;  but  application 
therefor  must  be  made  within  two  years  from  the  time  of  taking ;  the  Company 
may  remove  trees  likely  to  obstruct  the  road;  this  Act  is  subject  to  the  provisions 
of  chapter  81  of  Revised  Statutes. 

Sect.  2  provides,  if  the  land  of  any  infant,  person  wow  compos  mentis,  or  feme  covert 
whose  husband  is  under  guardianship,  be  taken  for  said  road,  that  the  guardian  of 
such  infant,  or  person  non  compos  mentis,  and  such  feme  covert  with  the  guardian 
of  her  husband  may  release  claims  for  damages. 

Sect.  3  provides  that  the  capital  stock  shall  consist  of  not  less  than  10,000  nor  more 
than  20,000  shares,  of  $100  each  ;  that  eleven  Directors  shall  be  chosen,  who  shall 
choose  a  President,  Clerk,  and  Treasurer. 

Sect.  4  authorizes  the  Company  to  establish  necessary  by-laws. 

Sect.  5  defines  the  powers  and  duties  of  the  Directors  ;  it  authorizes  them  to  pre- 
scribe the  manner  of  paying  assessments  on  shares,  and  to  enforce  their  payment. 

Sect.  6  grants  to  the  corporation  a  toll  for  persons  and  property  on  said  road,  the 
rates  thereof  and  all  regulations  being  established  by  the  Directors. 

Sect.  7  requires  the  Company  to  transport  persons  and  property  on  said  road,  con- 
veyed on  other  roads  connected  with  this,  at  their  established  rates  of  toll. 


196  PENOBSCOT   AND    KENNEBEC   RAILROAD   COMPANY. 

Sect.  8  provides  that  said  railroad,  when  it  crosses  any  canal,  railroad,  or  highway, 
shall  be  so  constructed  as  not  to  impede  the  use  thereof;  they  shall  maintain 
bridges  used  for  conducting  the  road  over  the  same. 

Sect.  9  authorizes  the  Company  to  construct,  for  their  sole  use,  bridges  over  tide 
waters  or  streams  crossed  by  the  road,  if  they  do  not  obstruct  their  navigation. 

Sect.  10  requires  them  to  maintain  a  sufficient  fence  on  each  side  of  the  road,  in 
neglect  thereof,  being  liable  to  indictment  and  fine. 

Sect.  1 1  provides  that  the  Company  shall  keep  the  road  in  good  repair,  have  suita- 
ble vehicles  on  the  road,  and  receive  and  convey  all  persons  and  property  thereon, 
having  a  lien  on  the  property  for  the  tolls ;  but  they  shall  not  be  required  to  con- 
vey persons  and  property  transported  on  other  roads  except  such  as  are  connected 
with  this,  and  under  the  provisions  of  sections  6  and  7. 

Sect.  12  requires  them  to  transport  the  U.  S.  Mail,  for  a  compensation,  if  not  agreed, 
to  be  determined  by  the  Legislature. 

Sect.  13  provides,  if  any  person  wilfully  obstruct  the  road,  or  injure  the  Company's 
property,  that  he  shall  forfeit  to  the  Company  treble  the  damages  sustained,  and 
shall  be  liable  to  indictment. 

Sect.  14  requires  the  Company  to  keep  correct  account  of  receipts  and  expenditures, 
and  to  report  annually  to  the  Legislature. 

Sect.  15  provides  that  all  the  real  and  personal  estate  of  the  Company  shall  be 
deemed  personal  estate,  and  the  shares  shall  be  taxable  to  the  holders  ;  when  the 
net  income  exceeds  12  per  cent,  upon  the  cost  of  the  road,  one  half  or  some  por- 
tion of  the  excess  shall  be  paid  by  the  Company  to  the  State,  but  no  other  tax 
shall  be  levied  on  the  CoriJoration. 

Sect.  16  affixes  the  time  of  the  annual  meeting,  when  Directors  shall  be  chosen ; 
they  are  authorized  also  to  call  the  special  meetings. 

Sect.  17  reserves  to  the  Legislature  the  right  to  inquire  into  the  doings  of  the  Com- 
pany, and  to  impose  penalties,  if  necessary,  but  no  further  duties. 

Sect.  18  provides,  if  the  Company  shall  not  have  been  organized,  and  the  location 
of  the  route  have  been  filed  on  or  before  December  31,  1856,  or  if  the  road  shall 
not  have  been  completed  on  or  before  December  31,  1863,  that  this  Act  shall  be 
void. 

Sect.  19  authorizes  any  seven  of  the  persons  named  in  section  1  to  call  the  first 
meeting  of  the  Company. 

Sect.  20  directs  the  time  and  manner  of  opening  books  to  receive  subscriptions  to 
the  stock :  if  more  than  20,000  shares  are  subscribed,  they  shall  be  distributed 
among  the  subscribers  according  to  regulations  prescribed. 

Chapter  294  of  the  Special  Laws  of  1849  contains  an  additional  Act. 

It  amends  the  preceding  Act,  by  changing  the  name  of  the  Company  to  the  "  Penob- 
scot, Lincoln,  and  Kennebec  E-ailroad  Company." 


Laws  of  1845,  Chap.  285. 

An  Act  to  establish  the  Penobscot  and  Kennebec  Railroad  Company. 

Sect.  1.  Be  it  enacted,  ^'c.  That  James  Crosby,  George  W. 
Pickering,  Samuel  Veazie,  Amos  M.  Roberts,  Franklin  Adams, 
Rufus  Dvvinel,  Samuel  P.  Strickland,  Hastings  Strickland,  Leon- 


MAINE.  197 

ard  Jones,  Joseph  Kelsey,  William  R.  Miller,  John  H.  Pillsbury, 
Gorhani  L.  Boynton,  Daniel  W.  Bradley,  Daniel  B.  Hinkley,  and 
Dudley  F.  Leavitt,  their  associates,  successors,  and  assigns,  are 
hereby  made  and  constituted  a  body  politic  and  corporate,  by  the 
name  of  the  Penobscot  and  Kennebec  Railroad  Company,  and  by 
that  name  may  sue  and  be  sued,  plead  and  be  impleaded,  and  shall 
have  and  enjoy  all  proper  remedies  at  law  and  in  equity  to  secure 
and  protect  them  in  the  exercise  and  use  of  the  rights  and  privi- 
leges, and  in  the  performance  of  the  duties  hereinafter  granted  and 
enjoined,  and  to  prevent  all  invasion  thereof  or  interruption  in  ex- 
ercising and  performing  the  same.  And  the  said  corporation  are 
hereby  authorized  and  empowered  to  locate,  construct,  and  finally 
complete,  alter  and  keep  in  repair  a  railroad,  with  one  or  more  sets 
of  rails  or  tracks,  with  all  suitable  bridges,  tunnels,  viaducts,  turn- 
outs, culverts,  drains,  and  all  other  necessary  appendages,  from 
some  point  between  the  south  line  of  Gardiner  and  the  north  line 
of  Water ville,  and  from  that  point  to  the  city  of  Bangor.  Said 
railroad  to  be  located  and  constructed,  in  the  general  direction  of 
Bangor,  on  such  route  as  the  directors  of  said  corporation,  in  the 
exercise  of  their  best  judgment  and  discretion,  shall  judge  most 
favorable  and  best  calculated  to  promote  the  public  convenience, 
and  carry  into  effect  the  intentions  and  purposes  of  this  Act.  And 
said  corporation  shall  be,  and  hereby  are  invested  with  all  the 
powers,  privileges,  and  immunities,  which  are  or  may  be  necessary 
to  carry  into  effect  the  purposes  and  objects  of  this  Act  as  herein 
set  forth.  And  for  this  purpose  said  corporation  shall  have  the 
right  to  purchase,  or  to  take  and  hold  so  much  of  the  land  and 
other  real  estate  of  private  persons  and  corporations,  as  may  be 
necessary  for  the  location,  construction,  and  convenient  operation 
of  said  railroad;  and  they  shall  also  have  the  right  to  take,  remove, 
and  use  for  the  construction  and  repair  of  said  railroad  and  appur- 
tenances, any  earth,  gravel,  stone,  timber,  or  other  materials,  on  or 
from  the  lands  so  taken  ;  Provided^  however,  that  said  land  so 
taken,  shall  not  exeeed  six  rods  in  width,  except  where  greater 
width  is  necessary  for  the  purpose  of  excavation  or  embankment; 
And  provided  also,  that  in  all  cases,  said  corporation  shall  pay,  for 
such  lands,  estate,  or  materials  so  taken  and  used,  such  price  as 
they  and  the  owners  thereof  may  mutually  agree  on ;  and  in  case 
said  parties  shall  not  otherwise  agree,  then  said  corporation  shall 
pay  such  damages  as  shall  be  ascertained  and  determined  by  the 
county  commissioners,  for  the  county  where  such  land  or  other 

17* 


198  PENOBSCOT    AND    KENNEBEC    RAILROAD    COMPANY. 

property  may  be  situated,  in  the  same  manner  and  under  the  same 
conditions  and  limitations,  as  are  by  law  provided  in  the  case  of 
damages  by  the  laying  out  of  highways.  And  the  land  so  taken 
by  said  corporation  shall  be  held  as  lands  taken  and  appropriated 
for  public  highways.  And  no  application  to  said  commissioners  to 
estimate  said  damages  shall  be  sustained,  unless  made  within  three 
years  from  the  time  of  taking  such  land  or  other  property ;  and  in 
case  such  railroad  shall  pass  through  any  wood  lands  or  forests,  the 
said  company  shall  have  a  right  to  fell  or  remove  any  trees  stand- 
ing therein,  within  four  rods  from  such  road,  which  by  their 
liability  to  be  blown  down,  or  from  their  natural  falling  might 
obstruct  or  impair  said  railroad,  by  paying  a  just  compensation 
therefor,  to  be  recorded  in  the  same  manner  as  is  provided  for  the 
recovery  of  other  damages  in  this  Act.  And  furthermore,  said 
corporation  shall  have  all  the  powers,  privileges,  and  immunities, 
and  be  subject  to  all  the  duties  and  liabilities,  provided  and 
prescribed  respecting  railroads,  in  chapter  eighty-one  of  the 
Revised  Statutes,  not  inconsistent  with  the  express  provisions  of 
this  charter. 

Sect.  2.  When  said  corporation  shall  take  any  land,  or  other 
estate  as  aforesaid,  of  any  infant,  person  no7i  compos  me?itis,  or 
feme  covert,  whose  husband  is  under  guardianship,  the  guardian 
of  such  infant,  or  person  non  compos  mentis,  and  such  feme  covert, 
with  the  guardian  of  her  husband,  shall  have  full  power  and  au- 
thority to  agree  and  settle  with  said  corporation  for  damages  or 
claims  for  damages,  by  reason  of  taking  such  land  and  estate  afore- 
said, and  give  good  and  valid  releases  and  discharges  therefor. 

Sect.  3.  The  capital  stock  of  said  corporation  shall  consist  of 
not  less  than  four  thousand,  nor  more  than  ten  thousand  shares; 
and  the  immediate  government  and  direction  of  the  affairs  of  said 
corporation  shall  be  vested  in  seven,  nine,  or  thirteen  directors,  who 
shall  be  chosen  by  the  members  of  said  corporation,  in  the  manner 
hereinafter  provided,  and  shall  hold  their  offices  until  others  shall 
have  been  duly  elected  and  qualified  to  take  their  places,  a  major- 
ity of  whom  shall  form  a  quorum  for  the  transaction  of  business ; 
and  they  shall  elect  one  of  their  number  to  be  president  of  the 
board,  who  shall  also  be  the  president  of  the  corporation  ;  and  shall 
have  authority  to  choose  a  clerk,  who  shall  be  sworn  to  the  faith- 
ful discharge  of  his  duty;  and  a  treasurer,  who  shall  be  sworn 
and  also  give  bonds  to  the  corporation,  with  sureties  to  the  satis- 
faction of  the  directors,  in  a  sum  not  less  than  twenty  thousand 


MAINE.  199 

dollars  for  the  faithful  discharge  of  his  trust.  And  for  the  pur- 
pose of  receiving  subscriptions  to  the  said  stock,  books  shall  be 
opened  under  the  direction  of  the  persons  named  in  the  first  section 
of  this  Act,  at  such  time  as  they  may  determine,  in  the  town  of 
Augusta,  and  the  cities  of  Bangor  and  Portland  in  this  State,  and 
the  cities  of  Salem  and  Boston  in  Massachusetts,  and  elsewhere  as 
they  shall  appoint,  to  remain  open  for  ten  successive  days,  at  which 
time  and  place  of  subscription,  public  notice  shall  be  given  in  some 
newspaper  printed  in  Portland,  Augusta,  Bangor,  and  Boston, 
twenty  days  at  least,  previous  to  tlie  opening  of  such  subscrip- 
tion ;  and  in  case  the  amount  subscribed  shall  exceed  ten  thou- 
sand shares,  the  same  shall  be  distributed  among  all  the  subscri- 
bers, according  to  such  regulations  as  the  persons  having  charge 
of  the  opening  of  the  subscription  books  shall  prescribe  before  the 
opening  of  said  books.  And  any  seven  of  the  persons  named  in 
the  first  section  of  this  Act,  are  hereby  authorized  to  call  the  first 
meeting  of  said  corporation,  by  giving  notice  in  one  or  more  news- 
papers published  in  the  town  and  cities  last  above  named,  of  the 
time  and  place,  and  the  purposes  of  such  meeting  at  least  twenty 
days  before  the  time  mentioned  in  such  notice. 

Sect.  4.  Said  corporation  shall  have  power  to  make,  ordain,  and 
establish  all  necessary  by-laws  and  regulations,  consistent  with 
the  constitution  and  the  laws  of  this  State,  for  their  own  govern- 
ment, and  for  the  due  and  orderly  conducting  of  their  affairs  and 
the  management  of  their  property. 

Sect.  5.  The  president  and  directors  for  the  time  being,  are 
hereby  authorized  and  empowered  by  themselves  or  their  agents, 
to  exercise  all  the  powers  herein  granted  to  the  corporation,  for  the 
purpose  of  locating,  constructing,  and  completing  said  railroad,  and 
for  the  transportation  of  persons,  goods,  and  property  of  all  descrip- 
tions, and  all  such  power  and  authority  for  the  management  of  the 
affairs  of  the  corporation  as  may  be  necessary  and  proper  to  carry 
into  effect  the  objects  of  this  grant ;  to  purchase  and  hold  within 
or  without  the  State,  land,  materials,  engines,  and  cars,  and  other 
necessary  things,  in  the  name  of  the  corporation  for  the  use  of  said 
railroad  and  for  the  transportation  of  persons,  goods,  and  property 
of  all  descriptions ;  to  make  such  equal  assessments,  from  time  to 
time,  on  all  the  shares  in  said  corporation,  as  they  may  deem  ex- 
pedient and  necessary  in  the  execution  and  the  progress  of  the 
work,  and  direct  the  same  to  be  paid  to  the  treasurer  of  the  corpo- 
ration.   And  the  treasurer  shall  give  notice  of  all  such  assessments ; 


200  PENOBSCOT    AND    KENNEBEC    RAILROAD    COMPANY. 

and  in  case  any  subscriber  or  stockholder  shall  neglect  to  pay  any 
assessment  on  his  share  or  shares,  for  the  space  of  thirty  days 
after  such  notice  is  given  as  shall  be  prescribed  by  the  by-laws  of 
said  corporation,  the  directors  may  order  the  treasurer  to  sell  such 
share  or  shares,  at  public  auction,  after  giving  such  notice  as  may 
be  prescribed  as  aforesaid,  to  the  highest  bidder,  and  the  same 
shall  be  transferred  to  the  purchaser  ;  and  such  delinquent  subscri- 
ber or  stockholder  shall  be  held  accountable  to  the  corporation  for 
the  balance,  if  his  share  or  shares  shall  sell  for  less  than  the  assess- 
ments due  thereon,  with  the  interest  and  cost  of  sale ;  and  shall  be 
entitled  to  the  overplus,  if  his  share  or  shares  shall  sell  for  more 
than  the  assessments  due,  with  interest  and  costs  of  sale.  Provi- 
ded, however^  that  no  assessment  shall  be  laid  upon  any  shares  in 
said  corporation  of  a  greater  amount,  in  the  whole,  than  one  hun- 
dred dollars. 

Sect,  6.  A  toll  is  hereby  granted  and  established  for  the  sole 
benefit  of  said  corporation,  upon  all  passengers  and  property  of  all 
descriptions,  which  may  be  conveyed  or  transported  by  them  upon 
said  road,  at  such  rate  as  maybe  agreed  upon  and  established  from 
time  to  time,  by  the  directors  of  said  corporation.  The  transport- 
ation of  persons  and  property,  the  construction  of  wheels,  the 
forms  of  cars  and  carriages,  the  weights  of  loads,  and  all  other 
matters  and  things  in  relation  to  said  road,  shall  be  in  conformity 
with  such  rules,  regulations,  and  provisions  as  the  directors  shall 
from  time  to  time  prescribe  and  direct. 

Sect.  7.  The  legislature  may  authorize  any  other  company  or 
companies  to  connect  any  other  railroad  or  railroads,  with  the  rail- 
road of  said  corporation,  coming  from  a  northerly  or  easterly  direc- 
tion. And  said  corporation  shall  receive  and  transport  all  persons, 
goods,  and  property  of  all  descriptions,  which  may  be  carried  and 
transported  to  the  railroad  of  said  corporation  on  such  other  rail- 
roads as  may  be  hereafter  authorized  to  be  connected  therewith,  at 
the  same  rates  of  toll  and  freight  as  may  be  prescribed  by  said 
corporation,  so  that  the  rates  of  toll  and  freight  on  such  passen- 
gers and  goods  and  other  property  as  may  be  received  from  such 
other  railroads,  so  connected  with  said  railroad  as  aforesaid,  shall 
not  exceed  the  general  rates  of  freight  and  toll  on  said  railroad 
received  for  freight  and  passengers  at  any  of  the  deposits  of  said 
corporation. 

Sect.  8.  If  the  said  railroad,  in  the  course  thereof,  shall  cross 
any  private  way,  the  said  corporation  shall  so  construct  said  rail- 


MAINE.  201 

road  as  not  to  obstruct  the  safe  and  convenient  use  of  such  private 
way  ;  and  if  the  said  railroad  shall,  in  the  course  thereof,  cross 
any  canal,  turnpike,  railroad,  or  other  highway,  the  said  railroad 
shall  be  so  constructed  as  not  to  obstruct  the  safe  and  convenient 
use  of  such  canal,  turnpike,  or  other  highway ;  and  the  said  cor- 
poration shall  have  power  to  raise  or  lower  such  turnpike,  high- 
way, or  private  way,  so  that  the  said  railroad,  if  necessary,  may 
conveniently  pass  under  or  over  the  same,  and  erect  such  gate  or 
gates  thereon,  as  may  be  necessary  for  the  safety  of  travellers  on 
said  turnpike,  railroad,  highway,  or  private  way. 

Sect.  9.  Said  railroad  corporation  shall  constantly  maintain,  in 
good  repair,  all  bridges,  with  their  abutments  and  embankments, 
which  they  may  construct  for  the  purpose  of  conducting  their  rail- 
road over  any  canal,  turnpike,  highway,  or  private  way,  or  for 
conducting  such  private  way  or  turnpike  over  said  railroad. 

Sect.  10.  If  said  railroad  shall,  in  the  course  thereof,  cross  any 
tide  waters,  navigable  rivers,  or  streams,  the  said  corporation  are 
hereby  authorized  and  empowered  to  erect  for  the  sole  and  exclu- 
sive travel  on  their  said  railroad,  a  bridge  across  each  of  said  rivers 
or  streams,  or  across  any  such  tide  waters  :  Provided,  said  bridge 
or  bridges  shall  be  so  constructed  as  not  unnecessarily  to  obstruct 
or  impede  the  navigation  of  said  waters.  Provided^  that  no  bridge 
shall  be  built  across  the  Kennebec  River,  south  of  the  present  Ken- 
nebec bridge,  at  Augusta,  nor  within  twenty  rods  of  any  existing 
bridge  ;  and  if  any  such  bridge  shall  be  constructed  across  the  Ken- 
nebec River,  south  of  the  north  part  of  Ticonic  Bay  at  Waterville, 
it  shall  have  no  more  than  one  pier,  and  shall  be  so  constructed  as 
to  have  as  much  height  from  the  water  to  the  under  side  of  the 
bridge,  as  the  present  Kennebec  bridge,  and  so  as  to  interfere  as 
little  with  the  free  navigation  of  the  river  with  boats  and  rafts  as 
is  practicable. 

Sect.  11.  Said  railroad  corporation  shall  erect  and  maintain 
substantial,  legal,  and  sufficient  fences  on  each  side  of  the  land 
taken  by  them  for  their  railroad,  where  the  same  passes  through 
enclosed  or  improved  lands  ;  and  for  neglect  or  failure  to  erect  and 
maintain  such  fence,  said  corporation  shall  be  liable  to  be  indicted 
in  the  district  court,  for  the  county  where  such  fence  shall  be  in- 
sufficient, and  to  be  fined  in  such  sum  as  shall  be  adjudged  neces- 
sary to  repair  the  same  ;  and  such  fine  shall  be  expended  for  the 
erection  or  repair  of  said  fence,  under  the  direction  of  an  agent 


202  PENOBSCOT   AND   KENNEBEC   RAILROAD    COMPANY. 

appointed  by  said  court,  as  in  case  of  fines  imposed  upon  towns 
for  deficiency  of  highways. 

Sect.  12.  The  said  corporation  shall  at  all  times,  when  the  post- 
master-general shall  require  it,  be  holden  to  transport  the  mail  of 
the  United  States  from  and  to  such  place  or  places  on  said  road  as 
required,  for  a  fair  and  reasonable  compensation.  And  in  case  the 
corporation  and  the  postmaster-general  shall  be  unable  to  agree 
upon  the  compensation  aforesaid,  the  legislature  of  the  State  shall 
determine  the  same.  And  the  said  corporation,  after  they  shall 
commence  the  receiving  of  tolls,  shall  be  bound  at  all  times  to  have 
said  railroad  in  good  repair,  and  a  sufficient  number  of  suitable 
engines,  carriages,  and  vehicles  for  the  transportation  of  persons 
and  articles,  and  be  obliged  to  receive  at  all  proper  times  and 
places,  and  convey  the  same  when  the  appropriate  tolls  therefor 
shall  be  paid  or  tendered,  and  a  lien  is  hereby  created  on  all  arti- 
cles transported  for  said  tolls.  And  the  said  corporation,  fulfilling 
on  its  part  all  and  singular  the  several  obligations  and  duties  by 
this  section  imposed  and  enjoined  upon  it,  shall  not  be  held  or 
bound  to  allow  any  engine,  locomotive,  cars,  carriages,  or  other 
vehicle  for  the  transportation  of  persons  or  merchandise  to  pass 
over  said  railroad,  other  than  its  own,  furnished  and  provided  for 
that  purpose,  as  herein  enjoined  and  required  :  Provided  however, 
that  said  corporation  shall  be  under  obligations  to  transport  over 
said  road,  in  connection  with  their  own  trains,  the  passenger  and 
other  cars  of  any  other  incorporated  company  that  may  hereafter 
construct  a  railroad  connecting  with  that  hereby  authorized,  such 
other  company  being  subject  to  all  the  provisions  of  the  sixth  and 
seventh  sections  of  this  Act,  as  to  rates  of  toll  and  all  other  parti- 
culars enumerated  in  said  sections. 

Sect.  13.  If  any  person  shall  wilfully  and  maliciously,  or  wan- 
tonly and  contrary  to  law,  obstruct  the  passage  of  any  carriage  on 
said  railroad,  or  in  any  way  spoil,  injure,  or  destroy  said  railroad, 
or  any  part  thereof,  or  any  thing  belonging  thereto,  or  any  material 
or  implements  to  be  imployed  m  the  construction  or  for  the  use  of 
said  road,  he,  she,  or  they,  or  any  person  or  persons,  assisting,  aid- 
ing, or  abetting  such  trespass,  shall  forfeit  and  pay  to  said  corpora- 
tion, for  every  such  off'ence,  treble  such  damages  as  shall  be  proved 
before  the  justice,  court,  or  jury,  before  whom  the  trial  shall  be 
liad ;  to  be  sued  for  before  any  justice  or  in  any  court  proper  to  try 
the  same,  by  the  treasurer  of  the  corporation,  or  other  officer  whom 


MAINE.  203 

they  may  direct,  to  the  use  of  said  corporation.  And  such  offender 
or  offenders  shall  be  liable  to  indictment  by  the  grand  jury  of  the 
county,  within  which  trespass  shall  have  been  committed,  for  any 
offence  or  offences  contrary  to  the  above  provisions  ;  and  upon 
conviction  thereof  before  any  court  competent  to  try  the  same,  shall 
pay  a  fine  not  exceeding  five  hundred  dollars,  to  the  use  of  the 
State,  or  may  be  imprisoned  for  a  term  not  exceeding  five  years, 
at  the  discretion  of  the  court  before  whom  such  conviction  may  be 
had. 

Sect.  14.  Said  corporation  shall  keep,  in  a  book  for  that  purpose, 
a  regular  account  of  all  their  disbursements,  expenditures,  and 
receipts;  and  the  books  of  said  corporation  shall  be  open  at  all 
times  to  the  inspection  of  the  governor  and  council,  and  of  any 
committee  duly  authorized  by  the  legislature ;  and  at  the  expira- 
tion of  every  year,  the  treasurer  of  said  corporation  shall  make  an 
exhibit,  under  oath,  to  the  legislature,  of  the  net  profits  derived 
from  the  income  of  said  railroad. 

Sect.  15.  All  real  estate  purchased  by  said  corporation  for  the 
use  of  the  same,  under  the  fifth  section  of  this  Act,  shall  be  taxa- 
ble to  the  said  corporation  by  the  several  towns,  cities,  and  planta- 
tions, in  which  said  lands  may  lie,  in  the  same  manner  as  lands 
owned  by  private  persons,  and  shall  in  the  valuation  list  be  esti- 
mated the  same  as  other  real  estate,  of  the  same  quality,  in  such 
town,  city,  or  plantation,  and  not  otherwise  ;  and  the  shares  owned 
by  the  respective  stockholders  shall  be  deemed  personal  estate  and 
be  taxable  as  such  to  the  owners  thereof,  in  the  places  where  they 
reside  and  have  their  home.  And  whenever  the  net  income  of  said 
corporation  shall  have  amounted  to  ten  per  centum  per  annum 
upon  the  cost  of  the  road  and  its  appendages,  and  incidental  ex- 
penses, the  directors  shall  make  a  special  report  of  the  fact  to  the 
legislature ;  from  and  after  which  time,  one  moiety  or  such  other 
portion  as  the  legislature  may  from  time  to  time  determine,  of  the 
net  income  from  said  railroad,  accruing  thereafter,  over  and  above 
ten  per  centum  per  annum,  first  to  be  paid  to  the  stockholders, 
shall  annually  be  paid  over  by  the  treasurer  of  said  corporation,  as 
a  tax,  into  the  treasury  of  the  State,  for  the  use  of  the  State. 
And  the  State  may  have  and  maintain  an  action  against  said  cor- 
poration therefor,  to  recover  the  same.  But  no  other  tax  than  here- 
in is  provided  shall  ever  be  levied  or  assessed  on  said  corporation, 
or  any  of  their  privileges  or  franchises. 

Sect.  16.  The  annual  meeting  of  the  members  of  said  corpo- 


204  PENOBSCOT    AND    KENNEBEC    RAILROAD    COMPANY. 

ration  shall  be  holden  on  the  second  Monday-  in  June,  or  such  other 
days  as  shall  be  determined  by  the  by-laws,  at  such  time  and 
place  as  the  directors,  for  the  time  being,  shall  appoint,  at  which 
meeting  the  directors  shall  be  chosen  by  ballot,  each  proprietor  by 
himself  or  proxy  being  entitled  to  as  many  votes  as  he  holds  shares, 
and  the  directors  are  hereby  authorized  to  call  special  meetings 
of  the  stockholders,  whenever  they  shall  deem  it  expedient  and 
proper,  giving  such  notice  as  the  corporation  by  their  by-laws  shall 
direct. 

Sect.  17.  The  legislature  shall,  at  all  times,  have  the  right  to 
inquire  into  the  doings  of  the  corporation,  and  into  the  manner  in 
which  the  privileges  and  franchises  herein  and  hereby  granted  may 
have  been  used  and  employed  by  said  corporation,  and  to  correct 
and  prevent  all  abuses  of  the  same,  and  to  pass  any  laws  imposing 
fines  and  penalties  upon  said  corporation,  which  may  be  necessary, 
more  effectually  to  compel  a  compliance  with  the  provisions,  liabil- 
ities, and  duties,  hereinbefore  set  forth  and  enjoined,  but  not  to  im- 
pose any  other  or  further  duties,  liabilities,  or  obligations.  And  this 
charter  shall  not  be  revoked,  annulled,  altered,  limited  or  restrained, 
without  consent  of  the  corporation,  except  by  due  process  of  law. 

Sect.  18.  If  the  said  corporation  shall  not  have  been  organized, 
and  the  location  according  to  actual  survey  of  the  route  filed  with 
the  county  commissijoners  of  the  counties  through  which  the  same 
shall  pass,  on  or  before  the  thirty-first  day  of  December,  in  the 
year  of  our  Lord  one  thousand  eight  hundred  and  fifty,  or  if  the 
said  corporation  shall  fail  to  complete  said  railroad  on  or  before  the 
thirty-first  day  of  December,  in  the  year  of  our  Lord  one  thousand 
eight  hundred  and  sixty,  in  either  of  the  above  mentioned  cases, 
this  Act  shall  be  null  and  void.     Approved,  April  7,  1845. 

Laws  op  1849,  Chap.  287. 
An  Act  to  establish  the  Penobscot  and  Kennebec  EaUroad  Company. 

Sect.  1.  Be  it  enacted^  ^c.  That  Iddo  K.  Kimball,  Henry  C. 
Lowell,  Henry  Ingraharn,  Francis  W.  Rhoades,  James  Seavey, 
Henry  E.  Ingraham,  Thomas  W.  Hix,  Joseph  C.  Libbey,  John 
Wakefield,  Heman  P.  Harden,  Ezekiel  Perry,  Freeman  Harden, 
Charles  W.  Snow,  Elkanah  S.  Smith,  John  C.  Cochran,  Cyrus 
Cotter,  William  Hitchcock,  Joseph  Day,  Henry  Melius,  RufusFlye, 
John  R.  Coflin,  Jacob  L.  Shuman,  Jacob  Chapman,  Benjamin 
Chapman,  Abner  Stetson,  William  Curtis,  Daniel  Day,  Isaac  Pool, 


MAINE.  205 

Benjamin  D.  Metcalf,  James  B.  Hall,  Thomas  J.  Merrill,  Nathan- 
iel Clapp,  WiUiam  Hall,  Edwin  Flye,  David  W.  Chapman,  Horace 
Hatch,  Thatcher  T.  Wales,  Thomas  Hall,  E.  Wilder  Farley,  Al- 
bert Glidden,  Joseph  Stetson,  John  Glidden,  Edward  A.  Glidden, 
James  Hovey,  Joseph  Clark,  Johii  Sider,  James  R.  Groton,  Isaac 
Reed,  Bela  B.  Haskell,  Frederick  Castner,  George  D.  Smouse, 
Knott  Crockett,  Iddo  Kimball,  John  Spear,  Edward  Robinson, 
Benjamin  Carr,  Edward  O'Brien,  William  Singer,  Moses  R.  Lud- 
wig,  Charles  Holmes,  Joseph  Hewett,  Atwood,  Levensaler,  Rufus 
C.  Counce,  Edwin  Smith,  Amos  H.  Hodgman,  Peter  Fuller, 
Manasseh  H.  Smith,  Richard  H.  Tucker,  John  D.  McCrate,  Alex- 
ander Johnston,  Franklin  Clark,  Samuel  E.  Smith,  John  Johnston, 
Benjamin  F.  Tallman,  Willard  McGown,  James  Erskine,  Henry 
Tallman,  Thomas  D.  Robinson,  Joseph  Sewall,  Jacob  Smith,  Wil- 
liam D.  Sewall,  George  F.  Patten,  John  Patten,  James  Patten,  Levi 
Houghton,  Freeman  Clark.  John  Henry,  Allen  Lewis,  Thomas 
Hodgdon,  John  Reed,  David  C.  McGown,  James  McLellan,  John 
G.  Richardson,  Charles  Crocker,  William  D.  Crockett,  William 
McLoon,  George  Thorndike,  Hiram  Chapman,  Thomas  O'Brien, 
Thomas  Merrill,  Josiah  Winslow,  Snow  Winslow,  Joshua  Benner, 
Isaac  Umberhind,  James  Genthner,  their  associates,  successors,  and 
assigns,  are  hereby  made  and  constituted  a  body  politic  and  cor- 
porate, by  the  name  of  the  "Penobscot  and  Kennebec  Railroad 
Company"  ;  and  by  that  name  may  sue  and  be  sued,  plead  and  be 
impleaded,  and  shall  have  and  enjoy  all  proper  remedies  at  law 
and  in  equity  to  secure  and  protect  them  in  the  exercise  and  use 
of  the  rights  and  privileges  and  in  the  performance  of  the  duties 
hereinafter  granted  and  enjoined  :  and  to  prevent  all  invasion  thereof 
or  interruption  in  exercising  and  performing  the  same.  And  the  said 
corporation  are  hereby  authorized  and  empowered  to  locate,  con- 
struct, and  finally  complete,  alter,  and  keep  in  repair  a  railroad  with 
one  or  more  sets  of  rails  or  tracks,  with  all  suitable  bridges,  tunnels, 
viaducts,  turnouts,  culverts,  drains  and  all  other  necessary  append- 
ages, from  some  point  at  or  near  tide  waters  in  the  town  of  East 
Thomaston,  running  westwardly  and  southvv^ardly  through  said 
town,  and  through  the  county  of  Lincoln  to  the  Kennebec  River  at 
some  point  opposite  the  city  of  Bath.  Said  railroad  to  be  located 
and  constructed  on  such  route,  as  the  directors  of  said  corporation 
in  the  exercise  of  their  best  judgment  or  discretion  shall  judge  most 
favorable,  and  best  calculated  to  promote  the  public  convenience 
and  carry  into  effect  the  intentions  and  purposes  of  this  Act ;  and 

18 


206  PENOBSCOT   AND    KENNEBEC  RAILROAD    COMPANY. 

the  said  corporation  shall  be  and  are  hereby  invested  with  all  tlie 
powers,  privileges  and  immunities,  which  are  or  may  be  necessary 
to  carry  into  effect  the  purposes  and  objects  of  this  Act  as  herein 
set  forth  ;  and  for  this  purpose  said  corporation  shall  have  the  right 
to  purchase,  or  take  and  hold  so  much  of  the  land  and  other  real 
estate  of  private  persons  and  corporations  as  may  be  necessary  for 
the  location,  construction  and  convenient  operation  of  said  railroad ; 
and  they  shall  also  have  the  right  to  take,  remove  and  use  for  the 
construction  and  repair  of  said  railroad  and  appurtenances,  any 
earth,  gravel,  stone,  timber  or  other  materials  on  or  from  the  lands 
so  taken  ;  jnovided^  however,  that  said  land  so  taken  shall  not  ex- 
ceed six  rods  in  width,  except  where  greater  width  is  necessary  for 
the  purpose  of  excavation  or  embankment ;  and  provided^  also, 
that  in  all  cases  said  corporation  shall  pay  for  such  estate  or  mate- 
rials so  taken  and  used,  such  price  as  they  and  the  owners  thereof 
may  mutually  agree  upon  ;  and  in  case  said  parties  shall  not  other- 
wise agree  then  said  corporation  shall  pay  such  damages  as  shall 
be  ascertained  and  determined  by  the  county  commissioners  for  the 
county  in  which  such  land  or  other  property  may  be  situated,  in 
the  same  manner  and  under  the  same  conditions  and  limitations  as 
are  by  law  provided  in  the  case  of  damages  by  laying  out  of  high- 
ways ;  and  the  land  so  taken  by  said  corporation  shall  be  held  as 
lands  taken  and  appropriated  for  public  highways ;  and  no  appli- 
cation to  said  commissioners  to  estimate  said  damages  shall  be  sus- 
tained unless  made  within  two  years  from  the  time  of  taking  such 
land  or  other  property  ;  and  in  case  such  railroad  shall  pass  through 
any  woodlands  or  forests,  the  said  company  shall  have  the  right  to 
fell  or  remove  any  trees  standing  therein,  within  four  rods  of  said 
road,  which  by  their  liability  to  be  blown  down  or  from  their 
natural  falling  might  obstructor  impair  said  road,  by  paying  a  just 
compensation  therefor,  to  be  recovered  in  the  same  manner  as  is 
provided  for  the  recovery  of  other  damages  in  this  Act ;  and  fur- 
thermore, said  corporation  shall  have  all  the  powers,  privileges, 
and  immunities,  and  be  subject  to  all  the  duties  and  liabilities 
provided  and  prescribed  respecting  railroads,  in  chapter  eighty-one 
of  the  revised  statutes,  not  inconsistent  with  the  express  provisions 
of  this  Act. 

Sect.  2.  When  said  corporation  shall  take  any  land  or  other 
property  as  aforesaid,  of  any  infant,  person  non  compos  mentis,  or 
feme  covert  whose  husband  is  under  guardianship,  the  guardian  of 
such  infant,  or  person  non  compos  mentis,  and  such  feme  covert 


MAINE.  207 

with  the  guardian  of  her  husband,  shall  have  full  power  and  au- 
thority to  agree  and  settle  with  said  corporation,  for  damages  or 
claims  for  damages,  by  reason  of  taking  such  land  and  estate  afore- 
said, and  give  good  and  valid  releases  and  discharges  therefor. 

Sect.  3.  The  capital  stock  of  said  corporation  shall  consist  of 
not  less  than  ten  thousand  nor  more  than  twenty  thousand  shares 
of  one  hundred  dollars  each  ;  and  the  immediate  government  and 
direction  of  the  affairs  of  said  corporation  shall  be  vested  in  seven 
directors,  who  shall  be  chosen  by  the  members  of  said  corporation 
in  the  manner  hereinafter  provided ;  and  shall  hold  their  offices 
until  others  shall  have  been  duly  elected  and  qualified  to  take  their 
places,  a  majority  of  whom  shall  form  a  quorum  for  the  transac- 
tion of  business ;  and  they  shall  elect  one  of  their  number  to  be 
president  of  the  board,  who  shall  also  be  president  of  the  corpora- 
tion; and  shall  have  authority  to  choose  a  clerk,  who  shall  be 
sworn  to  the  faithful  discharge  of  his  duty,  and  a  treasurer,  who 
shall  be  sworn,  and  also  give  bonds  to  the  corporation,  with  sure- 
ties to  the  satisfaction  and  acceptance  of  the  directors,  in  a  sum 
not  less  than  twenty  thousand  dollars,  for  the  faithful  discharge  of 
his  trust. 

Sect.  4.  Said  corporation  shall  have  power  to  make,  ordain  and 
establish  all  necessary  by-laws,  rules  and  regulations,  not  incon- 
sistent with  the  constitution  and  laws  of  this  state,  for  their  own 
government,  and  for  the  due  and  orderly  conducting  of  their  affairs, 
and  the  management  of  their  property. 

Sect.  5.  The  president  and  directors  for  the  time  being,  are 
hereby  authorized,  and  empowered,  by  themselves  or  their  agents, 
to  exercise  all  the  powers  herein  granted  to  the  corporation,  for  the 
purpose  of  locating,  constructing,  and  completing  said  road,  and  for 
the  transportation  of  persons,  goods  and  property  of  all  descrip- 
tions ;  and  all  such  power  and  authority  for  the  management  of 
the  affairs  of  the  corporation,  as  may  be  necessary  and  proper  to 
carry  into  effect  the  objects  of  this  grant ;  to  purchase  and  hold 
land,  materials,  engines  and  cars,  and  all  other  necessary  things,  in 
the  name  of  the  corporation  for  the  use  of  said  railroad,  and  for 
the  transportation  of  persons,  goods,  and  property  of  all  descrip- 
tions; to  make  such  equal  assessments  from  time  to  time,  on  all 
the  shares  in  said  corporation,  as  they  may  deem  expedient  and 
necessary  in  the  execution  and  the  progress  of  the  work,  and 
direct  the  same  to  be  paid  to  the  treasurer  of  the  corporation.  And 
the  treasurer  shall  give  notice  of  all  such  assessments ;  and  in  case 


208  PENOBSCOT   AND    KENNEBEC   RAILROAD    COMPANY. 

any  subscriber  or  stockholder  shall  neglect  to  pay  any  assessment 
on  his  share  or  shares,  for  the  space  of  thirty  days  after  such  no- 
tice is  given,  as  shall  be  prescribed  by  the  by-laws  of  said  corpora- 
tion, the  directors  may  order  the  treasurer  to  sell  such  share  or 
shares  at  public  auction,  after  giving  such  notice  as  may  be  pre- 
scribed as  aforesaid,  to  the  highest  bidder,  and  the  same  shall  be 
transferred  to  the  purchaser,  and  such  delinquent  subscriber  or 
stockholder  shall  be  held  accountable  to  the  corporation  for  the 
balance,  if  his  share  or  shares  shall  sell  for  less  than  the  assess- 
ments due  thereon,  with  the  interest  and  costs  of  sale;  and  shall 
be  entitled  to  the  overplus,  if  his  share  or  shares  shall  sell  for  more 
than  the  assessments  due  with  interest  and  costs  of  sale;  provided, 
however,  that  no  assessment  shall  be  laid  upon  any  shares  in  said 
corporation,  of  a  greater  amount  in  the  whole  than  one  hundred 
dollars. 

Sect.  6.  A  toll  is  hereby  granted  and  established  for  the  sole 
benefit  of  said  corporation,  upon  all  passengers,  and  property  of 
all  descriptions,  which  may  be  conveyed  or  transported  by  them 
upon  said  road,  at  such  rates  as  may  be  agreed  on  and  established 
from  time  to  time  by  the  directors  of  said  corporation  ;  the  trans- 
portation of  persons  and  property,  the  construction  of  wheels,  the 
forms  of  cars  and  carriages,  the  weights  of  loads,  and  all  other 
matters  and  things  in  relation  to  the  use,  and  operation  of  said 
road,  shall  be  in  conformity  with  such  rules,  regulations,  and  pro- 
visions, as  the  directors  shall  from  time  to  time  prescribe,  order  and 
direct. 

Sect.  7.  Said  corporation  shall  receive  and  transport  all  persons, 
goods,  and  property  of  all  descriptions,  which  may  be  carried  or 
transported  to  the  railroad  of  said  corporation,  on  such  other  rail- 
roads as  may  be  authorized  to  be  connected  therewith,  at  the  same 
rates  of  toll  and  freight  as  may  be  prescribed  by  said  corporation  ; 
so  that  the  rates  of  toll  and  freight  on  such  passengers,  goods,  and 
other  property,  as  may  be  received  from  such  other  railroads  so 
connected  v/ith  said  railroad  as  aforesaid,  shall  not  exceed  the  gen- 
eral rates  of  freight  and  toll  on  said  railroad  received  for  freight 
and  passengers,  at  any  of  the  depots  of  said  corporation. 

Sect.  8.  If  the  said  railroad  in  the  course  thereof  shall  cross 
any  private  way,  the  said  corporation  shall  so  construct  said  rail- 
road as  not  to  obstruct  the  safe  and  convenient  use  of  such  private 
way.  And  if  the  said  railroad  shall  in  the  course  thereof  cross  any 
canal,  turnpike,  railroad,  or  other  highway,  the  said  railroad  shall 


MAINE.  209 

be  so  constructed  as  not  to  obstruct  the  safe  and  convenient  use  of 
such  canal,  turnpike,  or  other  highway;  and  the  said  corporation 
shall  have  power  to  raise  or  lower  such  turnpike,  highway,  or  pri- 
vate way  so  that  the  railroad,  if  necessary,  may  conveniently  pass 
under  or  over  the  same,  and  erect  such  gate  or  gates  as  may  be 
necessary  for  the  safety  of  travellers  thereon  ;  and  said  corporation 
shall  constantly  maintain  in  good  repair,  all  bridges  with  their 
abutments,  and  embankments,  which  they  may  construct  for  the 
purpose  of  conducting  their  railroad  over  any  canal,  turnpike, 
highway,  or  private  way,  or  for  conducting  such  turnpike,  high- 
way or  private  -way  over  said  railroad. 

Sect.  9.  If  said  road  shall  in  the  course  thereof  cross  any  tide 
waters,  navigable  rivers,  streams  or  ponds,  the  said  corporation  are 
hereby  authorized  and  empowered  to  erect  for  the  sole  and  exclu- 
sive travel  on  their  said  railroad  a  bridge  or  bridges  across  each  of 
said  rivers,  streams,  ponds  or  any  such  tide  waters :  provided,  said 
bridge  or  bridges  shall  be  so  constructed  as  not  unnecessarily  to 
obstruct,  or  impede  the  navigation  of  said  waters. 

Sect.  10.  Said  corporation  shall  erect  and  maintain  substantial, 
legal  and  sufficient  fences  on  each  side  of  the  land  taken  by  them 
for  their  railroad,  when  the  same  passes  through  enclosed  or  im- 
proved lands ;  and  for  any  unreasonable  neglect  or  failure  to  erect 
and  maintain  such  fence,  said  corporation  shall  be  liable  to  be 
indicted  in  the  district  court,  in  the  county  where  such  fence  shall 
be  insufficient,  and  be  fined  in  such  sum  as  shall  be  adjudged  neces- 
sary to  erect  or  repair  the  same  ;  and  such  fine  shall  be  expended 
for  the  erection  or  repair  of  said  fence,  under  the  direction  of  an 
agent  appointed  by  said  court,  as  in  case  of  fines  imposed  upon 
towns  for  deficiency  of  highways. 

Sect.  11.  Said  corporation,  after  they  shall  commence  receiving 
tolls,  shall  be  bound  at  all  times,  to  have  said  railroad  in  good 
repair,  and  a  suitable  number  of  carriages  and  vehicles  for  the 
transportation  of  persons  and  property,  together  with  the  necessary 
locomotives  or  engines  therefor,  and  shall  be  obliged  to  receive  at 
all  proper  times  and  places,  and  convey  the  same  when  the  appro- 
priate tolls  therefor  shall  be  paid  and  tendered  ;  and  a  lien  is  hereby 
created  on  all  articles  transported  for  said  tolls.  And  the  said  cor- 
poration fulfilling  on  its  part  all  and  singular  the  several  obligations 
and  duties,  by  this  section  imposed  and  enjoined  upon  it,  shall  not 
be  held  or  bound  to  allow  any  engine,  locomotive,  cars,  carriages 
or  other  vehicle  for  the  transportation  of  persons  or  property,  to  pass 

18* 


210  PENOBSCOT   AND   KENNEBEC   RAILROAD    COMPANY. 

over  said  railroad,  other  than  its  own,  furnished  and  provided  for 
that  purpose  as  herein  enjoined  and  required  ;  provided,  however^ 
that  said  corporation  shall  be  under  obligations  to  transport  over 
said  road,  the  passenger  and  other  cars  of  any  other  incorporated 
company,  whose  road  may  be  connected  with  that  hereby  author- 
ized, such  other  company  being  subject  to  all  the  provisions  of  the 
sixth  and  seventh  sections  of  this  Act,  as  to  rates  of  toll  and  all 
other  things  enumerated,  provided  and  enjoined  in  said  sections. 

Sect.  12.  The  said  corporation  shall,  at  all  times  when  the  post- 
master-general shall  require  it,  be  holden  to  transport  the  United 
States  mails  from  and  to  such  place  or  places  on  said  road  as 
required,  for  a  fair  and  reasonable  compensation  ;  and  in  case  the 
corporation  and  the  postmaster-general  shall  be  unable  to  agree 
upon  the  compensation  aforesaid,  the  legislature  of  the  State  shall 
determine  the  same ;  and  the  said  corporation  shall  be  bound 
thereby. 

Sect.  13.  If  any  person  shall  wilfully  and  maliciously,  or 
wantonly  and  contrary  to  law,  obstruct  the  passage  of  any 
carriage,  car,  locomotive,  engine  or  other  vehicle  on  said  railroad, 
or  in  any  way  spoil,  injure  or  destroy  said  railroad,  or  any  part 
thereof,  or  any  thing  belonging  thereto,  or  any  materials  or  imple- 
ments to  be  employed  in  the  construction,  or  for  the  use  of  said 
road,  he,  she  or  they,  or  any  person  or  persons,  aiding,  assisting, 
or  abetting  such  trespass,  shall  forfeit  and  pay  to  said  corporation, 
for  any  such  offence,  treble  such  damages,  as  shall  be  proved  be- 
fore the  justice,  court,  or  jury,  before  whom  the  trial  shall  be  had  ; 
to  be  sued  for  before  any  justice  or  any  court  of  competent  juris- 
diction, by  the  treasurer  of  the  corporation,  or  other  officer  whom' 
they  may  direct,  to  the  use  of  said  corporation  ;  and  such  offender 
or  offenders  shall  be  liable  to  indictment,  by  the  grand  jury  of  the 
county  within  which  such  trespass  shall  have  been  committed,  for 
any  offence  or  offences  contrary  to  the  above  provisions,  and  upon 
conviction  thereof,  before  any  court  competent  to  try  the  same, 
shall  pay  a  fine  not  exceeding  five  hundred  dollars,  to  the  use  of 
the  State,  or  may  be  imprisoned  for  a  time,  not  exceeding  five 
years,  at  the  discretion  of  said  court. 

Sect.  14.  Said  corporation  shall  keep  in  a  book  for  that  purpose 
a  regular  account  of  all  their  disbursements,  expenditures  and  re- 
ceipts ;  and  the  books  of  said  corporation  shall  be  open  to  the  in- 
spection at  all  times,  of  the  governor  and  council,  and  any  com- 
mittee duly  authorized  by  the  legislature ;  and  at  the  expiration  of 


MAINE.  211 

every  year,  the  treasurer  of  said  corporation  shall  make  an  exhibit, 
under  oath,  to  the  legislature,  of  the  net  profits  derived  from  the 
income  of  said  road. 

Sect.  15.  All  the  real  and  personal  estate  purchased  by  said 
corporation  for  the  use  of  the  same,  shall  be  deemed  personal  estate, 
and  the  shares  owned  by  the  respective  stockholders  in  said  corpo- 
ration, shall  be  taxable  as  such  to  the  owners  thereof,  in  the  places 
where  they  reside  and  have  their  home.  And  whenever  the  net 
income  of  said  corporation  shall  have  amounted  to  twelve  per  cent, 
per  annum  upon  the  cost  of  the  road,  and  its  appendages  and  inci- 
dental expenses,  the  directors  shall  make  a  special  report  of  the 
fact  to  the  legislature ;  from  and  after  which  time,  one  moiety,  or 
such  other  portion  as  the  legislature  may  from  time  to  time  deter- 
mine, of  the  net  income  from  said  railroad  accruing  thereafter,  over 
and  above  twelve  per  centum,  per  annum,  first  to  be  paid  to  the 
stockholders,  shall  annually  be  paid  over  by  the  treasurer  of  said 
corporation,  as  a  tax  into  the  treasury  of  the  State,  for  the  use  of 
the  State;  and  the  State  may  have  and  maintain  an  action  against 
said  corporation  therefor,  to  recover  the  same,  but  no  other  tax 
than  herein  is  provided  shall  be  levied  or  assessed  on  said  corpora- 
tion, or  any  of  their  privileges,  property  or  franchises. 

Sect.  16.  The  annual  meeting  of  the  members  of  said  corpora- 
tion shall  be  holden  on  the  first  Monday  of  September,  or  on  such 
other  day  as  shall  be  determined  by  the  by-laws,  at  such  time  and 
place  as  the  directors  for  the  time  being  shall  appoint ;  at  which 
meeting  the  directors  shall  be  chosen  by  ballot,  each  proprietor  by 
himself  or  proxy,  being  entitled  to  as  many  votes  as  he  holds 
shares ;  and  the  directors  are  hereby  authorized  to  call  special 
meetings  of  the  stockholders,  whenever  they  shall  deem  it  expedient 
and  proper,  by  giving  such  notice  as  the  corporation,  by  their  by- 
laws shall  direct. 

Sect.  17.  The  legislature  shall  at  all  times  have  the  right  to 
inquire  into  the  doings  of  the  corporation,  and  into  the  manner  in 
which  the  privileges  and  franchises,  herein  and  hereby  granted, 
may  have  been  used  and  employed  by  said  corporation ;  and  to 
correct  and  prevent  all  abuses  of  the  same,  and  to  pass  any  laws 
imposing  fines  and  penalties  upon  said  cftrporation,  which  may  be 
necessary  more  effectually  to  compel  a  compliance  with  the  pro- 
visions, liabilities  and  duties  hereinbefore  set  forth  and  enjoined,  but 
not  to  impose  any  other  or  further  duties,  liabilities  or  obligations. 

Sect.  18.  If  the  said  corporation  shall  not  have  been  organized, 


212  PENOBSCOT   AND   KENNEBEC   RAILROAD    COMPANY. 

and  the  location  of  the  route  of  said  railroad,  according  to  actual 
survey  filed  with  the  county  commissioners  of  the  county  of  Lin- 
coln, on  or  before  the  thirty-first  day  of  December,  in  the  year  of 
our  Lord  one  thousand  eight  hundred  and  fifty-six,  or  if  said  cor- 
poration shall  fail  to  complete  said  railroad,  on  or  before  the  thirty- 
first  day  of  December,  in  the  year  of  our  Lord  one  thousand  eight 
hundred  and  sixty-three,  in  either  of  the  abovementioned  cases, 
this  Act  shall  be  null  and  void. 

Sect.  19.  Any  seven  of  the  persons  named  in  the  first  section 
of  this  Act,  are  hereby  authorized  to  call  the  first  meeting  of  said 
corporation,  by  giving  notice  in  one  or  more  newspapers,  published 
in  the  city  of  Bath  and  the  town  of  East  Thomaston,  and  such 
other  towns  or  cities  as  they  may  appoint,  of  the  time  and  place 
and  the  purposes  of  such  meeting,  at  least  twenty  days  before  the 
time  named  in  such  notice. 

Sect.  20.  And  for  the  purpose  of  receiving  subscriptions  to  the 
capital  stock  of  said  railroad,  books  shall  be  opened  under  the 
direction  of  the  persons  named  in  the  first  section  of  this  Act,  at 
such  time  as  they  may  determine,  in  the  city  of  Bath  and  the  town 
of  East  Thomaston,  and  in  such  towns  and  cities,  elsewhere,  as 
they  shall  appoint,  to  remain  open  at  least  ten  successive  days,  of 
which  times  and  places  of  subscription  public  notice  shall  be  given, 
in  some  newspaper  published  in  the  city  of  Bath  and  the  town  of 
East  Thomaston,  and  such  other  places  as  they  shall  direct,  twenty 
days  at  least,  previous  to  the  opening  of  said  books  of  subscription  ; 
and  in  case  the  amount  subscribed  shall  exceed  twenty  thousand 
shares,  the  same  shall  be  distributed  among  all  the  subscribers, 
according  to  such  regulations  as  the  persons  having  charge  of  the 
opening  of  the  books  of  subscription  shall,  before  the  opening  there- 
of, prescribe  and  determine.     Ajypj^oved,  August  13,  1849. 

Laws  of  1849,  Chap.  294. 
An  Act  to  change  tlie  name  of  th.e  Penobscot  and  Kennebec  Railroad  Company. 

Be  it  enacted^  ^-c.  That  the  name  of  the  Penobscot  and  Ken- 
nebec Railroad  Company,'^is  hereby  changed  so  as  to  read  "  Penob- 
scot, Lincoln  and  Kennebec  Railroad  Company,"  and  an  Act  enti- 
tled "  an  Act  to  incorporate  the  Penobscot  and  Kennebec  Railroad 
Company,"  passed  at  tlie  present  session  of  the  legislature,  is 
hereby  amended  accordingly.     Approved,  August  15,  1849. 


MAINE.  -213 

UNION    RIVER  RAILROAD   COMPANY. 

INCORPORATED    IN    MAINE    IN    1846. 

Chapter  358  of  the  fecial  Laws  of  1846  contains  the  Charter. 

Sect.  1  grants  corporate  powers,  and  describes  the  route ;  authorizes  them  to  take 
and  hold  real  estate  sufficient  for  the  purposes  of  the  road,  not  exceeding  four  rods 
in  width,  except  when  necessary  for  excavations  and  embankments,  they  paying 
for  land  so  taken  damages,  if  not  agreed  upon,  to  be  assessed  by  the  County  Com- 
missioners ;  it  provides  that  applications  for  such  damages  must  be  made  within 
three  years  from  the  time  of  taking  the  land. 

Sect.  2  divides  the  capital  stock  into  250  shares  of  $100  each,  and  vests  the  govern- 
ment in  three  directors,  to  be  chosen  by  members  of  the  Corporation. 

Sect.  3  defines  the  powers  and  duties  of  the  President  and  Directors,  and  authorizes 
them  to  make  equal  assessments  not  exceeding  $100  on  each  share,  and  to  sell 
shares  for  non-payment  of  assessments. 

Sect.  4  authorizes  them  to  make  by-laws  not  repugnant  to  the  laws  of  the  State. 

Sect.  5  grants  a  toll  to  be  established  by  the  Corporation. 

Sect.  6  directs  the  mode  of  organization. 


Laws  of  1846,  Chap.  358. 

An  Act  to  incorporate  the  Union  River  Railroad  Company. 

Sect.  1.  Be  it  enacted,  S^'c.  That  Seth  Tisdale,  William  Ben- 
nett. Thomas  Robinson,  Nathaniel  A.  Joy,  George  L.  Cox,  George 
W.  Buckmore,  Arno  Wiswell,  George  W.  Brown,  Calvin  Peck, 
Andrew  Peters,  G.  N.  Black,  Joseph  S.  Rice,  and  B.  F.  Austin, 
their  associates,  successors,  and  assigns,  are  hereby  created  a  cor- 
poration by  the  name  of  the  Union  River  Railroad  Company,  with 
all  the  privileges  and  powers,  and  subject  to  all  the  duties,  liabili- 
ties, and  requirements,  granted  or  required  by  the  laws  of  the  State; 
and  the  said  corporation  is  hereby  authorized  and  empowered  to 
locate  and  construct  a  railroad,  within  the  town  of  Ellsworth,  on 
the  most  practicable  route  on  the  east  side  of  Union  River,  from  a 
point  at  or  near  the  head  of  the  falls,  to  some  point  at  tide  waters, 
on  said  river,  distance  about  two  and  a  half  miles.  And  for  this 
purpose  said  corporation  shall  have  the  right  to  take  and  hold  so 
much  of  the  land,  and  other  real  estate  of  private  persons,  as  may 
be  necessary  for  the  location,  construction,  and  convenient  opera- 
tion of  their  railroad,  and  they  shall,  also,  have  the  right  to  take, 


214  UNION   RIVER   RAILROAD    COMPANY. 

remove,  and  use,  for  the  construction  and  repair  of  said  rail- 
road and  appurtenances,  any  earth,  gravel,  stone,  timber,  or  other 
materials,  on  or  from  the  lands  so  taken  ;  provided,  however,  that 
said  land  so  taken  shall  not  exceed  four  rods  in  width,  except 
where  greater  width  is  necessary  for  the  purposes  of  excavation  or 
embankments;  and  provided,  also,  that  in  all  cases  said  corporation 
shall  pay  for  such  lands,  estate,  or  materials  so  taken  or  used,  at 
such  price  as  they  and  the  owner,  or  respective  owners  thereof, 
mutually  agree  on ;  and  in  case  said  parties  shall  not  otherwise 
agree,  then  said  corporation  shall  pay  such  damages,  as  shall  be 
ascertained  and  determined  by  the  county  commissioners  for  the 
county  where  such  land  or  other  property  may  be  situated,  in  the 
same  manner  and  under  the  same  conditions  and  limitations,  as 
are  by  law  provided  in  the  case  of  damages  by  laying  out  high- 
ways. And  the  land  so  taken  by  said  corporation  shall  be  held  as 
lands  taken  and  held  for  public  highways.  And  no  application  to 
said  commissioners  to  estimate  said  damages  shall  be  sustained, 
unless  made  within  three  years  from  the  time  of  taking  such  land 
or  other  property,  or  when  it  has  already  been  taken,  within  one 
year  from  the  time  of  the  passage  of  this  Act. 

Sect.  2.  The  capital  stock  of  said  corporation  shall  consist  of 
two  hundred  and  fifty  shares,  of  one  hundred  dollars  each;  and  at 
all  meetings  of  said  corporation,  each  proprietor  shall  be  entitled  to 
as  many  votes  as  he  holds  shares.  The  immediate  government 
and  direction  of  the  affairs  of  said  corporation  shall  be  vested  in 
three  directors,  who  shall  be  chosen  by  members  of  the  corporation. 

Sect.  3.  The  president  and  directors  for  the  time  being,  are 
hereby  authorized,  by  themselves  or  their  agents,  to  exercise  all 
the  powers  herein  granted  to  the  corporation  for  the  purpose  of 
locating  and  constructing  said  road,  and  for  the  transporting  of 
lumber,  goods,  and  merchandise,  and  all  such  other  powers  and 
authority  for  the  management  of  the  affairs  of  said  corporation,  as 
may  be  necessary  and  proper  to  carry  into  effect  the  objects  of  this 
grant ;  to  purchase  and  hold  real  estate,  engines,  cars,  and  such 
other  materials  and  things  as  may  be  necessary,  in  the  name  of  said 
corporation,  for  the  use  of  said  road  ;  to  make  such  equal  assess- 
ments on  all  the  shares  in  said  corporation,  as  they  may  from  time 
to  time  deem  expedient  and  necessary,  and  direct  the  same  to  be 
paid  to  the  treasurer  of  the  corporation ;  provided,  that  no  assess- 
ment of  more  than  one  hundred  dollars  shall  be  laid  on  any  share 
in  said  corporation. 


MAINE.  215 

Sect.  4.  Said  corporation  shall  ha\^e  power  to  make  and  estab- 
lish such  by-laws  and  regulations,  not  repugnant  to  the  laws  of 
this  State,  as  may  be  necessary  for  the  management  of  their  con- 
cerns. 

Sect.  5.  A  toll  is  hereby  granted  and  established,  for  the  sole 
benefit  of  said  corporation,  upon  property  of  every  description, 
which  may  be  conveyed  or  transported  by  them  upon  said  road,  at 
such  reasonable  rate  as  may  be  agreed  upon  and  established,  from 
time  to  time,  by  the  directors  of  said  corporation. 

Sect,  6.  Any  two  of  the  persons  before  named  in  this  Act,  may 
call  the  first  meeting  of  said  corporation,  by  posting  up  notifications 
of  the  time  and  place  thereof,  in  two  public  places  in  said  town  of 
Ellsworth,  seven  days  prior  to  the  time  of  said  meeting.  Approved, 
July  29,  1846. 


YOKK  AND  CUMBERLAND  RAILROAD  COMPANY.  . 

INCORPORATED    IN    MAINE    IN    1846. 
Chapter  369  of  the  fecial  Laws  of  1846  contains  the  charter. 

Sect.  1  grants  corporate  powers  and  describes  the  location,  authorizing  them  to  lay 
one  or  more  sets  of  rails ;  it  requires  them  to  obtain  the  consent  of  the  city  of 
Portland  as  to  the  mode  of  entering  there ;  it  provides  that  they  may  connect 
their  road  with  the  Eoston  and  Maine  Railroad  ;  it  empowers  them  to  take  and 
hold  sufficient  real  estate,  not  exceeding  six  rods  in  width,  except  for  excavations 
or  embankments,  and  to  fell  or  remove  trees  within  four  rods  of  the  road,  likely  to 
obstruct  it,  by  paying  for  land  so  taken  and  trees  so  removed,  damages,  if  not 
agreed  upon,  to  be  assessed  by  the  County  Commissioners ;  application  to  said 
Commissioners  must  be  made  within  three  years  from  the  time  of  taking  the 
property. 

Sect.  2  authorizes  the  guardian  of  an  infant  or  person  7io)i  compos  mentis,  a  feme 
covert,  whose  husband  is  under  guardianship,  and  his  guardian  to  release  claims 
for  land  damages. 

Sect.  3  provides  that  the  capital  stock  shall  consist  of  not  less  than  5000  nor  more 
than  8000  shares  ;  vests  the  government  in  seven,  nine,  or  thirteen  directors,  and 
provides  for  the  choice  of  officers ;  it  directs  that  books  for  subscriptions  to  the 
stock  shall  be  opened  for  ten  days,  after  twenty  days'  public  notice,  and  if  the 
number  of  shares  subscribed  for  shaU  exceed  8000,  the  surplus  shall  be  distributed 
among  the  subscribers  according  to  previous  regulations ;  it  also  establishes  the 
mode  of  organization. 

Sect.  4  authorizes  them  to  make  by-laws  not  repugnant  to  the  laws  of  the  State. 

Sect.  5  defines  the  powers  and  duties  of  the  President  and  Dkectors,  and  authorizes 
them  to  make  equal  assessments,  not  exceeding  $100  on  each  share,  and  to  sell 
shares  for  non-payment  of  assessments,  after  notice. 


216  YORK   AND    CUMBERLAND   RAILROAD    COMPANY. 

Sect,  6  grants  a  toll,  to  be  regulated  by  the  Directors. 

Sect.  7  provides  that  any  other  roads  may  connect  with  this,  and  that  their  passen- 
gers and  articles  shall  be  transported  on  this  road,  at  the  rates  of  toll  prescribed 
for  this  road. 

Sect.  8  directs  the  mode  of  crossing  any  private  way,  highway,  turnpike  or  canal, 
and  provides  that  they  may  raise  or  lower  anj'  private  wa)',  highway,  or  turnpike 
and  shall  erect  gates  on  such  crossings  for  the  safety  of  travellers. 

Sect.  9  requires  them  to  maintain  all  bridges  over  such  crossings. 

Sect.  10  empowers  them  to  construct  bridges,  for  their  sole  use,  over  navigable  rivers, 
so  as  not  to  impede  navigation. 

Sect.  1 1  requires  them  to  maintain  fences  on  each  side  of  enclosed  or  improved  lands 
through  which  the  road  may  pass,  in  default  thereof  being  liable  to  indictment 
and  fine,  such  fine  to  be  expended  in  the  repair  of  said  fences. 

Sect.  12  provides  that  they  shall,  when  required,  transport  the  U.  S.  Mail,  for  a 
compensation,  if  not  agreed  upon,  to  be  determined  by  the  Legislature  ;  it  requires 
them,  after  commencing  to  receive  tolls,  to  keep  their  road  in  good  repair,  pro- 
vide suitable  carriages,  and  transport  passengers  and  articles,  having  a  lien  on  the 
latter  for  freight ;  it  provides  that  no  other  engines  and  cars  shall  be  run  on  their 
road. 

Sect.  13  provides  that  any  person  wilfully  placing  obstructions  on  the  road,  or 
injuring  the  Company's  property,  or  any  materials  or  implements  used  for  the 
construction  of  the  road,  or  any  person  abetting  therein,  shall  forfeit  to  the  Cor- 
poration treble  the  amount  of  damages,  to  be  recovered  in  an  action,  and  shall  be 
liable  to  indictment  and  fine,  or  imprisonment. 

Sect.  14  requires  them  to  keep  books,  open  to  the  inspection  of  the  Governor  and 
Council,  or  a  Committee  of  the  Legislature,  and  the  Treasurer  shall,  at  the  end  of 
each  year,  exhibit  to  the  Legislature,  under  oath,  an  account  of  the  net  profits  of 
the  road. 

Sect  15  enacts  that  all  real  estate  taken  and  held  by  the  Corporation,  shall  be  taxed 
to  them  where  it  is  situated,  and  the  shares  shall  be  deemed  personal  property 
and  be  taxable  to  the  shareholders ;  and  if  the  net  income  shall  at  any  time 
exceed  10  per  cent,  on  the  cost  of  the  road,  a  report  thereof  shall  be  made  to  the 
Legislature,  and  thereafterwards  one  half  of  such  surplus,  or  such  portion  as  the 
Legislature  may  determine,  shall  be  paid  to  the  State  Treasurj',  and  the  State  may 
maintain  an  action  therefor,  which  shall  be  a  substitute  for  other  taxes. 

Sect.  16  appoints  the  time  of  the  annual  meeting,  when  Directors  shall  be  chosen, 
and  authorizes  special  meetings  to  be  called,  if  necessary. 

Sect.  17  provides  that  the  Legislature  may  inquire  into  the  doings  of  the  Company 
and  pass  laws  imposing  penalties  ;  and  this  charter  shall  not  be  altered  or  revoked, 
■without  the  consent  of  the  Company,  or  by  due  process  of  law. 

Sect.  18  provides  that,  if  the  Company  shall  not  have  been  organized  and  the  location 
filed  on  or  before  December  31,  1851,  or  the  road  completed  on  or  before  Decem- 
ber 31,  1861,  this  Act  shall  be  void. 

Sect.  19  authorizes  them  to  transfer  this  Charter  to  the  Boston  and  Maine  Railroad  ; 
such  transfer  not  to  affect  the  liabilities  of  the  stockholders,  and  the  said  road 
shall  be  subject  to  all  the  provisions  of  this  Act. 

Chap.  108  of  the  Laws  of  1848  contains  an  additional  Act, 

Sect.  1  provides  that  the  capital  stock  shall  consist  of  not  less  than  4000  shares,  of 
not  less  than  $oO  each. 


MAINE.  217 

Sect.  2  requires  the  western  terminus  of  the  road  to  be  at  or  near  South  Berwick. 

Sect.  3  authorizes  any  seven  of  the  persons  named  in  the  original  Act  to  call  the 
first  meeting  of  stockholders,  when  they  shall  vote  upon  accepting  the  preceding 
sections  of  this  Act ;  which  shall  not  be  valid,  unless  so  accepted. 

Sect.  4  provides  that  this  Act  shall  take  effect  fi-om  its  approval  by  the  Governor, 
and  repeals  all  Acts  inconsistent  herewith. 


Laws  of  1846,  Chap.  369. 
An  Act  to  establish  the  York  and  Cumberland  Railroad  Company. 

Sect,  1.  Be  it  enacted^  Sj'c.  That  William  C.  Allen,  Benjamin  J. 
Herrick,  James  Thomas,  Nathan  D.  Appleton,  Joseph  Emerson, 
Israel  Chadbourne,  Nathan  Dane,  John  T.  Paine,  John  Storer, 
John  Powers,  Riifns  Mclntire,  Nathan  Clifford,  John  Jameson, 
Moses  McDonald,  Moses  Dunn,  Miles  W.  Stewart,  Nathaniel  J. 
Miller,  Ellis  B.  Usher,  Daniel  Appleton,  Isaac  Deering,  James 
Leavitt,  Jere.  Roberts,  Jr.,  James  Irish,  Toppan  Robie,  Josiah 
Pierce  Dominicus  Jordan,  Daniel  C.  Emery,  Brice  M.  Edwards, 
Dan  Carpenter,  Noah  Nason,  David  Noyes,  William  G.  Chad- 
bourne,  William  Swan,  Alvah  Conant,  Luther  Dana,  George  F. 
Shepley,  and  Thomas  Hammond,  their  associates,  successors,  and 
assigns,  are  hereby  made  and  constituted  a  body  politic  and  corpo- 
rate, by  the  name  of  the  York  and  Cumberland  Railroad  Company, 
and  by  that  name  may  sue  and  be  sued,  plead  and  be  impleaded, 
and  shall  have  and  may  enjoy  all  proper  remedies  at  law  and  in 
equity,  to  secure  and  protect  them  in  the  exercise  and  use  of  the 
rights  and  privileges,  and  in  the  performance  of  the  duties  herein- 
after granted  and  enjoined,  and  to  prevent  all  invasions  thereof,  or 
interruption  in  exercising  and  performing  the  same.  And  the  said 
corporation  are  hereby  authorized  and  empowered  to  locate,  con- 
struct, and  finally  complete,  alter,  and  keep  in  repair,  a  railroad, 
with  one  or  more  sets  of  rails  or  tracks,  with  all  suitable  bridges, 
tunnels,  viaducts,  turnouts,  culverts,  drains,  and  all  other  neces- 
sary appendages,  from  some  point  or  place  in  the  city  of  Portland, 
in  the  county  of  Cumberland,  through  the  villages  of  Sacarappa, 
in  the  town  of  Westbrook,  and  of  Gorham  :  thence  into  the  county 
of  York,  through  the  towns  of  Buxton,  Hollis,  and  Waterborough, 
to  Alfred  village;  and  thence  through  the  towns  of  Sanford,  North 
Berwick,  and  Berwick,  to  some  point  or  place  in  South  Berwick, 
or  Berwick,  where  it  will  best  connect  with  a  railroad  leading  to 

19 


218  YORK   AND    CUMBERLAND   RAILROAD    COMPANY. 

Boston,  and  said  corporation  is  hereby  authorized  to  connect  their 
said  road  with  the  Boston  and  Maine  Raih"oad,  in  accordance  with 
the  provisions  of  law,  and  not  inconsistent  with  the  chartered 
rights  of  said  last  named  railroad  company ;  provided^  that  the 
said  railroad  shall  not,  without  the  consent  of  the  city  council  of 
the  city  of  Portland,  be  located  or  constructed  across  Green  street 
in  said  city ;  nor  without  such  consent,  shall  the  track  and  termi- 
nus of  said  railroad,  at  any  place  east  of  Green  street,  be  located 
more  than  one  hundred  and  fifty  feet  from  the  present  high  water 
mark.  And  said  corporation  shall  be  and  hereby  are  invested  with 
all  the  powers,  privileges,  and  immunities,  which  are  or  may  be 
necessary  to  carry  into  effect  the  purposes  and  objects  of  this  Act 
as  herein  set  forth ;  and  for  this  purpose  said  corporation  shall 
have  the  right  to  purchase,  or  to  take  and  hold,  so  much  of  the 
land  and  other  real  estate  of  private  persons  and  corporations,  as 
may  be  necessary  for  the  location,  construction,  and  convenient 
operation  of  said  railroad ;  and  that  they  shall  also  have  the  right 
to  take  and  use  for  the  construction  and  repair  of  said  railroad 
and  appurtenances,  any  earth,  gravel,  stone,  timber,  or  other 
materials,  on  or  from  the  land  so  taken  ;  provided  however,  that 
said  land  so  taken,  shall  not  exceed  six  rods  in  width,  except 
where  greater  width  is  necessary  for  the  purpose  of  excavation  or 
embankment.  And  provided,  also,  that  in  all  cases,  said  corpora- 
tion shall  pay  for  such  lands,  estates,  or  materials  so  taken  and 
used,  such  price  as  they  and  the  owner  or  respective  owners  thereof 
may  mutually  agree  on;  and  in  case  said  parties  shall  not  other- 
wise agree,  the  said  corporation  shall  pay  such  damages  as  shall 
be  ascertained  and  determined  by  the  county  commissioners,  for 
the  county  where  such  lands  or  other  property  may  be  situated,  in 
the  same  manner  and  under  the  same  conditions  and  limitations, 
as  are  by  law  provided  in  the  case  of  damages  by  the  laying  out 
of  highways ;  and  the  land  so  taken  by  the  corporation  shall  be 
held  as  lands  taken  and  appropriated  for  public  highways.  And 
no  application  to  said  commissioners  to  estimate  said  damages 
shall  be  sustained,  unless  made  within  three  years  from  the  time 
of  taking  such  land  or  other  property ;  and  in  case  such  railroad 
shall  pass  through  any  woodlands  or  forests,  the  said  company 
shall  have  the  right  to  fell  or  remove  any  trees  standing  thereon, 
within  four  rods  from  such  road,  which  by  their  liability  to  be 
blown  down,  or  from  their  natural  falling,  might  obstructor  impair 
said  railroad  ;  by  paying  a  just  compensation  therefor,  to  be  recov- 


MAINE.  219 

ered  in  the  same  manner  as  is  provided  for  the  recovery  of  other 
damages  in  this  Act.  And  fnrthermore  said  corporation  shall  have 
all  the  powers,  privileges,  and  immunities,  and  be  subject  to  all 
the  duties  and  liabilities,  provided  and  prescribed,  respecting  rail- 
roads in  chapter  eighty-one  of  the  Revised  Statutes,  not  inconsistent 
with  the  express  provisions  of  their  charter. 

Sect.  2.  When  said  corporation  shall  take  any  land  or  other 
estate  as  aforesaid,  of  an  infant,  person  noji  compos  mentis,  or  feme 
covert,  whose  husband  is  under  guardianship,  the  guardian  of  such 
infant,  or  person  non  com^pos  mentis,  and  such  feme  covert,  with 
the  guardian  of  her  husband,  shall  have  full  power  and  authority 
to  agree  and  settle  with  said  corporation,  for  damages  or  claims  for 
damages,  by  reason  of  taking  such  land  and  estate  aforesaid,  and 
give  good  and  valid  releases  and  discharges  therefor. 

Sect.  3.  The  capital  stock  of  said  corporation  shall  consist  of 
not  less  than  five  thousand  nor  more  than  eight  thousand  shares; 
and  the  immediate  government  and  direction  of  the  affairs  of  said 
corporation  shall  be  vested  in  seven,  nine,  or  thirteen  directors,  who 
shall  be  chosen  by  the  members  of  said  corporation,  in  the  manner 
hereinafter  provided,  and  shall  hold  their  offices  until  others  shall 
have  been  duly  chosen  and  qualified  to  take  their  places,  a  major- 
ity of  whom  shall  form  a  quorum  for  the  transaction  of  business ; 
and  they  shall  elect  one  of  their  number  to  be  president  of  the 
board,  who  shall  also  be  the  president  of  the  corporation  ;  and 
shall  have  authority  to  choose  a  clerk,  who  shall  be  sworn  to  the 
faithful  discharge  of  his  duty  ;  and  a  treasurer,  who  shall  be  sworn, 
and  also  give  bonds  to  the  corporation,  with  sureties  to  the  satis- 
faction of  the  directors,  in  a  sum  not  less  than  thirty  thousand 
dollars,  for  the  faithful  discharge  of  his  trust.  And  for  the  pur- 
pose of  receiving  subscriptions  to  the  said  stock,  books  shall  be 
opened  under  the  direction  of  the  persons  named  in  the  first  sec- 
of  this  Act,  at  such  times  as  they  may  determine,  in  the  towns  of 
Westbrook,  Gorham.  and  Alfred,  and  in  the  cities  of  Portland  and 
Boston,  and  elsewhere,  as  they  shall  appoint ;  to  remain  open  for 
ten  successive  days,  of  which  time  and  place  of  subscription,  pub- 
lic notice  shall  be  given  in  some  newspaper  printed  in  Portland 
and  Boston  and  Saco,  twenty  days  at  least  previous  to  the  opening 
of  such  subscription  ;  and  in  case  the  amount  subscribed  shall  ex- 
ceed eight  thousand  shares,  the  same  shall  be  distributed  among 
all  the  subscribers,  according  to  such  regulations  as  the  persons 
having  charge  of  the  opening  of  the  subscription  books  shall  pre- 


220  YORK   AND    CUMBERLAND   RAILROAD    COMPANY. 

scribe,  before  the  opening  of  said  books ;  and  any  seven  of  the 
persons  named  in  the  first  section  of  this  Act,  are  hereby  author- 
ized to  call  the  first  meeting  of  said  corporation,  by  giving  notice 
in  one  or  more  newspapers  published  in  the  town  of  Saco  and  city 
of  Portland,  of  the  time  and  place,  and  the  purposes  of  such  meet- 
ing, at  least  twenty  days  before  the  time  mentioned  in  such  notice. 

Sect.  4.  Said  corporation  shall  have  power  to  make,  ordain,  and 
establish  all  necessary  by-laws  and  regulations,  consistent  with 
the  constitution  and  the  laws  of  this  State,  for  their  own  govern- 
ment, and  for  the  due  and  orderly  conducting  of  their  affairs  and 
the  management  of  their  property. 

Sect.  5.  The  president  and  directors  for  the  time  being  are 
hereby  authorized  and  empowered,  by  themselves  or  their  agents, 
to  e.Kercise  all  the  powers  herein  granted  to  the  corporation  for  the 
purpose  of  locating,  constructing,  and  completing  said  railroad, 
and  for  the  transportation  of  persons,  goods,  and  property,  of  all 
descriptions,  and  all  such  power  and  authority  for  the  management 
of  the  affairs  of  the  corporation  as  may  be  necessary  and  proper 
to  carry  into  effect  the  object  of  this  grant ;  to  purchase  and  hold, 
within  and  without  the  State,  land,  materials,  engines,  and  cars, 
and  other  necessary  things,  in  the  name  of  the  corporation,  for  the 
use  of  said  road,  and  for  the  transportation  of  persons,  goods,  and 
property,  of  all  descriptions  ;  to  make  such  equal  assessments  from 
time  to  time,  on  all  the  shares  in  said  corporation,  as  they  may 
deem  expedient  and  necessary  in  the  execution  and  the  progress  of 
the  work,  and  direct  the  same  to  be  paid  to  the  treasurer  of  the 
corporation.  And  the  treasurer  shall  give  notice  of  all  such  assess- 
ments; and  in  case  any  subscriber  or  stockholder  shall  neglect  to 
pay  any  assessment  on  his  share  or  shares,  for  the  space  of  thirty 
days  after  such  notice  is  given,  as  shall  be  prescribed  by  the  by- 
laws of  said  corporation,  the  directors  may  order  the  treasurer  to 
sell  such  share  or  shares,  at  public  auction,  after  giving  such  notice 
as  may  be  prescribed  as  aforesaid,  to  the  highest  bidder,  and  the 
same  shall  be  transferred  to  the  purchaser,  and  such  delinquent 
subscriber  or  stockholder,  shall  be  held  accountable  to  the  corpo- 
ration for  the  balance,  if  his  share  or  shares  shall  sell  for  less  than 
the  assessments  due  thereon,  with  the  interest  and  costs  of  sale; 
and  shall  be  entitled  to  the  overplus,  if  his  share  or  shares  shall 
sell  for  more  than  the  assessments  due,  with  interest  and  costs  of 
sale  ;  provided^  however^  that  no  assessments  shall  be  laid  upon 
any  share  in  said  corporation,  of  a  greater  amount  in  the  whole 
than  one  hundred  dollars. 


MAINE.  221 

Sect.  6.  A  toll  is  hereby  granted  and  established  for  the  sole 
benefit  of  said  corporation,  upon  all  passengers,  and  property  of 
all  description,  which  may  be  conveyed  or  transported  by  them 
upon  said  road,  at  such  rate  as  may  be  agreed  upon  and  estab- 
lished from  time  to  time,  by  the  directors  of  said  corporation.  The 
transportation  of  persons  and  property,  the  construction  of  wheels, 
the  forms  of  cars  and  carriages,  the  weights  of  loads,  and  all  other 
matters  and  things  in  relation  to  said  road,  shall  be  in  conformity 
with  such  rules,  regulations,  and  provisions,  as  the  directors  shall 
from  time  to  time  prescribe  and  direct. 

Sect.  7.  The  legislature  may  authorize  any  other  company  or 
companies  to  connect  any  other  railroad  or  railroads  with  the 
railroad  of  said  corporation,  at  any  points  on  the  route  of  said 
railroad ;  and  the  said  corporation  shall  receive  and  transport  all 
persons,  goods,  and  property,  of  all  descriptions,  which  may  be 
carried  and  transported  to  the  railroad  of  said  corporation,  on  such 
other  railroads  as  may  be  hereafter  authorized  to  be  connected 
therewith,  at  the  same  rates  of  toll  and  freight  as  may  be  pre- 
scribed by  said  corporation,  so  that  the  rates  of  freight  and  toll  on 
such  passengers,  goods,  and  other  property  as  may  be  received  from 
such  other  railroads,  so  connected  with  said  railroad,  as  aforesaid, 
shall  not  exceed  the  general  rates  of  freight  and  toll,  on  said  rail- 
road, received  for  freight  and  passengers  at  any  of  the  depots  of 
said  corporation. 

Sect.  8.  If  the  said  railroad  in  the  course  thereof,  shall  cross 
any  private  way,  the  said  corporation  shall  so  construct  said  rail- 
road as  not  to  obstruct  the  safe  and  convenient  use  of  such  private 
way  ;  and  if  the  said  railroad  shall  in  the  course  thereof,  cross  any 
canal,  turnpike,  railroad,  or  other  highway,  the  said  railroad  shall 
be  so  constructed  as  not  to  obstruct  the  safe  and  convenient  use  of 
such  canal,  turnpike,  or  other  highway  ;  and  the  said  corporation 
shall  have  power  to  raise  or  lower  such  turnpike,  highway,  or  pri- 
vate way,  so  that  the  said  railroad,  if  necessary,  may  conveniently 
pass  under  or  over  the  same,  and  erect  such  gate  or  gates  thereon, 
as  may  be  necessary  for  the  safety  of  travellers  on  said  turnpike, 
railroad,  highway,  or  private  way. 

Sect.  9.  Said  railroad  corporation  shall  constantly  maintain  in 
good  repair,  all  bridges,  with  their  abutments  and  embankments, 
which  they  may  construct  for  the  purpose  of  conducting  their  rail- 
road over  any  canal,  turnpike,  highway,  or  private  way,  or  for 
conducting  such  private  way  or  turnpike  over  said  railroad, 

19* 


222  YORK   AND    CUMBERLAND   RAILROAD    COMPANY. 

Sect.  10.  If  the  said  railroad  shall  in  the  course  thereof,  cross 
any  tide  waters,  navigable  rivers,  or  streams,  the  said  corporation 
are  hereby  authorized  and  empowered  to  erect  for  the  sole  and  ex- 
clusive travel  on  their  said  railroad,  a  bridge  across  each  of  said 
rivers  or  streams,  or  across  any  such  tide  waters ;  pi^ovided  said 
bridge  or  bridges  shall  be  so  constructed  as  not  unnecessarily  to 
obstruct  or  impede  the  navigation  of  said  waters. 

Sect.  11.  Said  railroad  corporation  shall  erect  and  maintain 
substantial,  legal,  and  sufficient  fences,  on  each  side  of  the  land 
taken  by  them  for  their  railroad,  where  the  same  passes  through 
enclosed  or  improved  lands,  or  lands  that  may  hereafter  be 
improved;  and  for  neglect  or  failure  to  erect  and  maintain  such 
fence,  said  corporation  shall  be  liable  to  be  indicted  in  the  district 
court,  for  the  county  where  such  fence  shall  be  insufficient,  and  to 
be  fined  in  such  sum  as  shall  be  adjudged  necessary  to  repair  the 
same  ;  and  such  fine  shall  be  expended  for  the  erection  or  repair  of 
said  fence,  under  the  direction  of  an  agent  appointed  by  said  court, 
as  in  case  of  fines  imposed  upon  towns  for  deficiency  of  highways. 

Sect.  12.  The  said  corporation  shall,  at  all  times,  when  the  post- 
master-general shall  require  it,  be  holden  to  transport  the  mail  of 
the  United  States  from  and  to  such  place  or  places  on  said  road  as 
required,  for  a  fair  and  reasonable  compensation.     And  in  case  the 
corporation  and  the  postmaster-general  shall  be  unable  to  agree 
upon  the  compensation  aforesaid,  the  legislature  of  the  State  shall 
determine  the  same.     And  the  said  ^corporation,  after  they  ^shall 
commence  the  receiving  of  tolls,  shall  be  bound,  at  all  times,  to 
have  said  railroad  in  good  repau',  and  a  sufficient  number  of  suita- 
ble engines,  carriages,  and  vehicles  for  the  transportation  of  persons 
and  articles,  and  be  obliged  to  receive  at  all  proper  times  and  pla- 
ces, and  convey  the  same  when  the  appropriate  tolls  therefor  shall 
be  paid  or  tendered ;  and  a  lien  is  hereby  created  on  all  articles 
transported,  for  said  tolls.     And  the  said  corporation,  fulfilling  on 
its  part  all  and  singular  the  several  obligations  and  duties  by  this 
section  imposed  and  enjoined  upon  it,  shall  not  be  held  or  bound  to 
allow  any  engine,  locomotive,  car,  carriage,  or  other  vehicles  for 
the  transportation  of  persons  or  merchandise  to  pass  over  said  rail- 
road, other  than  its  own,  furnished  and  provided  for  that  purpose, 
as  herein  enjoined  and  required. 

Sect.  13.  If  any  person  shall  wilfully  and  maliciously,  or  wan- 
tonly and  contrary  to  law,  obstruct  the  passage  of  any  carriage  on 
said  railroad,  or  in  any  way  spoil,  injure,  or  destroy  said  railroad, 


MAINE.  223 

or  any  part  thereof,  or  any  thing  belonging  thereto,  or  any  material 
or  implements  to  be  employed  in  the  construction,  or  for  the  use  of 
said  road,  he,  she,  or  they,  or  any  person  or  persons  assisting,  aid- 
ing, or  abetting  such  trespass,  shall  forfeit  and  pay  to  said  corpora- 
tion for  every  snch  offence,  treble  such  damages  as  shall  be  proved 
before  the  justice,  court,  or  jury,  before  whom  the  trial  shall  be  had, 
to  be  sued  for  before  any  justice  or  in  any  court  proper  to  try  the 
same,  by  the  treasurer  of  the  corporation,  or  other  officer,  whom 
they  may  direct,  to  the  use  of  said  corporation.  And  such  offender 
or  offenders,  shall  be  liable  to  indictment  by  the  grand  jury  of  the 
county  within  which  trespass  shall  have  been  committed,  for  any 
offence  or  offences,  contrary  to  the  above  provisions ;  and  upon 
conviction  thereof  before  any  court  competent  to  try  the  same,  shall 
pay  a  fine  not  exceeding  five  hundred  dollars,  to  the  use  of  the 
State,  or  may  be  imprisoned  for  a  term  not  exceeding  five  years, 
at  the  discretion  of  the  court  before  whom  such  conviction  shall  be 
had. 

Sect.  14.  Said  corporation  shall  keep  in  a  book  for  that  purpose, 
a  regular  account  of  all  disbursements,  expenditures,  and  receipts  ; 
and  the  books  of  said  corporation  shall  at  all  times  be  open  to  the 
inspection  of  the  governor  and  council,  and  of  any  committee  duly 
authorized  by  the  legislature ;  and  at  the  expiration  of  every  year, 
the  treasurer  of  said  corporation  shall  make  an  exhibit,  under  oath, 
to  the  legislature,  of  the  net  profits  derived  from  the  income  of  said 
railroad. 

Sect.  15.  All  real  estate  purchased  by  said  corporation,  for  the 
use  of  the  same,  under  the  fifth  section  of  this  Act,  shall  be  taxa- 
ble to  said  corporation  by  the  several  towns,  cities,  and  plantations, 
in  which  said  lands  may  lie,  in  the  same  manner  as  lands  owned 
by  private  persons,  and  shall  in  the  valuation  list  be  estimated  the 
same  as  other  real  estate  of  the  same  quality  in  such  town,  city, 
or  plantation,  and  not  otherwise :  and  the  shares  owned  by  the 
respective  stockholders  shall  be  deemed  personal  estate,  and  be 
taxable  as  such  to  the  owners  thereof,  in  the  places  where  they 
reside  and  have  their  home.  And  whenever  the  net  income  of  said 
corporation  shall  have  amounted  to  ten  per  centum  per  annum, 
upon  the  cost  of  the  road,  and  its  appendages  and  incidental  ex- 
penses, the  directors  shall  make  a  special  report  of  the  fact  to  the 
legislature  ;  from  and  after  whi-ch  time  one  moiety,  or  such  other 
portion  as  the  legislature  may  from  time  to  time  determine,  of  the 
net  income  from  said  railroad,  accruing  thereafter,  over  and  above 


224  YORK   AND    CUMBERLAND   RAILROAD    COMPANY. 

ten  per  centum  per  annum,  first  to  be  paid  to  the  stockholders,  shall 
annually  be  paid  over  by  the  treasurer  of  said  corporation,  as  a 
tax,  into  the  treasury  of  the  State  for  the  use  of  the  State.  And 
the  State  may  have  and  maintain  an  action  against  said  corpora- 
tion therefor,  to  recover  the  same.  But  no  other  tax  than  herein  is 
provided,  shall  ever  be  levied  or  assessed  on  said  corporation  or  any 
of  their  privileges  or  franchises. 

Sect.  1G.  The  annual  meetmg  of  the  members  of  said  corpora- 
tion shall  be  holden  on  the  first  Monday  in  June,  or  such  other 
day  as  shall  be  determined  by  the  by-laws,  at  such  time  and  place 
as  the  directors,  for  the  time  being,  shall  appoint,  at  which  meeting 
the  directors  shall  be  chosen  by  ballot,  each  proprietor,  by  himself 
or  proxy,  being  entitled  to  as  many  votes  as  he  holds  shares  ;  and 
the  directors  are  hereby  authorized  to  call  special  meetings  of  the 
stockholders,  whenever  they  shall  deem  it  expedient  and  proper, 
giving  such  notice  as  the  corporation  by  their  by-laws  shall  direct. 

Sect.  17.  The  legislature  shall  at  all  times  have  the  right  to 
enquire  into  the  doings  of  said  corporation,  and  into  the  manner  in 
which  the  privileges  and  franchises  herein  and  hereby  granted  may 
have  been  used  and  employed  by  said  corporation,  and  to  correct 
and  prevent  all  abuses  of  the  same,  and  to  pass  any  laws  imposing 
fines  and  penalties  upon  said  corporation,  which  may  be  necessary 
more  efiectually  to  compel  a  compliance  with  the  provisions,  liabil- 
ities, and  duties,  hereinbefore  set  forth  and  enjoined,  but  not  to  im- 
pose any  other  or  further  duties,  liabilities,  or  obligations.  And 
this  charter  shall  not  be  revoked,  annulled,  altered,  limited,  or  re- 
strained,  without  the  consent  of  the  corporation,  except  by  due 
process  of  law. 

Sect.  18.  If  the  said  corporation  shall  not  have  been  organized, 
and  the  location  according  to  actual  survey  of  the  route,  filed  with 
the  county  commissioners  of  the  counties  through  which  the  same 
shall  pass,  on  or  before  the  thirty-first  day  of  December,  in  the 
year  of  our  Lord  one  thousand  eight  hundred  and  fifty-one,  or  if 
the  said  corporation  shall  fail  to  complete  said  railroad  on  or  before 
the  thirty-first  day  of  December,  in  the  year  of  our  Lord  one  thou- 
sand eight  hundred  and  sixty-one,  in  either  of  the  above  cases, 
this  Act  shall  be  null  and  void. 

Sect.  19.  And  the  said  corporation  is  hereby  authorized  and 
empowered  to  transfer  and  assign  this  charter,  with  all  its  privi- 
leges, immunities,  and  franchises,  to  the  Boston  and  Maine  Rail- 
road Company,  on  such  terms  and  conditions  as  shall  ensure, 


MAINE.  225 

within  the  times  prescribed  by  this  Act,  the  location  and  construc- 
tion of  said  raih'oad.  But  said  transfer  and  assignment  shall 
not  exonerate  the  corporation  hereby  created,  or  the  stockholders 
thereof,  from  any  legal  liabilities  or  duties  by  them  before  that 
time  incurred  and  undertaken,  and  the  said  Boston  and  Maine 
Railroad  Company,  after  such  transfer  and  assignment,  shall  be 
holden  to  perform  all  the  duties,  by  this  Act  imposed  upon  the  said 
York  and  Cumberland  Railroad  Company.  Ajyproved^  July  30, 
1846. 

Laws  of  1848,  Chap.  108. 

An  Act  in  addition  to  "  An  Act  to  establish  the  York  and  Cumberland  Railroad 

Company." 

Sect.  1.  Be  it  enacted,  ^'•c.  That  the  capital  stock  of  the  York 
and  Cumberland  Railroad  Company  shall  consist  of  not  less  than 
four  thousand  shares.  And  said  shares  shall  be  established  at  not 
less  than  fifty  dollars  for  every  share. 

Sect.  2.  The  said  railroad  shall  be  so  located  and  constructed, 
that  its  western  terminus  shall  be  at  some  point  or  place,  within  or 
near  the  village  of  South  Berwick,  where  it  shall  best  connect  with 
a  railroad  leading  to  Boston. 

Sect.  3.  The  persons  named  in  the  Act  to  which  this  is  addi- 
tional, or  any  seven  of  their  number,  may  call  a  meeting  of  all 
persons  who  are  or  shall  be  subscribers  to  the  stock  of  said  road, 
at  such  time  and  place  as  they  shall  appoint,  by  giving  public 
notice  thereof  in  one  newspaper  in  each  of  the  counties  of  York 
and  Cumberland,  fourteen  days  before  such  meeting.  The  sub- 
scribers present  at  such  meeting  shall  then  and  there  vote  upon 
the  question  of  accepting  the  first  and  second  sections  of  this  Act, 
and  shall  act  upon  the  said  sections  separately.  And  neither  of 
said  sections  shall  take  effect,  unless  the  same  shall  be  accepted  by 
the  vote  of  a  majority  of  the  subscribers  present  at  such  meeting. 

Sect.  4.  This  Act  shall  take  effect  and  be  in  force  from  and 
after  its  approval  by  the  governor.  And  all  Acts  and  parts  of 
Acts  inconsistent  with  the  provisions  of  this  Act,  are  hereby 
repealed.     Approved,  June  21,  1848. 


226  BUCKFIELD    BRANCH   RAILROAD    COMPANY. 


BUCKFIELD    BRANCH    EAILROAD    COMPAXY. 

INCORPORATED    IN    MAINE    IN    1847. 
Chapter  54  of  the  Siiecial  Laws  of  1847  contains  the  Charter, 

Sect.  1  grants  corporate  powers,  subject  to  the  provisions  of  Chapter  81  of  the  Re- 
vised Statutes  ;  describes  the  route,  terminating  on  the  Little  Androscoggin  River 
so  as  to  connect  with  the  Atlantic  and  St.  Lawrence  Railroad  ;  authorizes  them 
to  cake  and  hold  sufhcient  real  estate  for  the  purposes  of  the  road,  not  exceeding 
six  rods  in  width,  except  when  necessary  for  excavations  or  embankments  ;  and 
to  fell  or  remove  trees  witliin  four  rods  of  the  road,  likely  to  obstruct  it,  paying 
for  land  so  taken  and  trees  so  removed  damages,  when  not  agreed  upon,  to  be 
assessed  by  the  County  Commissioners ;  application  for  such  damages  must  be 
made  within  three  years  from  the  time  of  taking  the  land. 

Sect.  2  provides  that  the  capital  stock  shall  consist  of  not  less  than  500  nor  more 
than  2000  shares,  vests  the  government  in  nine,  eleven,  or  thirteen  Directors,  and 
l^rovides  for  the  choice  of  officers ;  it  requires  that  books  for  subscription  to  the 
stock  shall  be  opened  at  certain  places  for  ten  days,  after  public  notice ;  it  also 
dii-ects  the  mode  of  organization. 

Sect.  3  authorizes  the  guardian  of  an  infant  or  person  non  compos  mentis,  a  feme 
covert,  whose  husband  is  under  guardianship,  and  his  guardian  to  release  claims 
for  land  damages. 

Sect.  4  defines  the  powers  and  duties  of  the  President  and  Directors,  and  authorizes 
them  to  make  equal  assessments,  not  exceeding  one  hundred  dollars  on  each  share, 
and  to  sell  shares  for  non-payment  of  assessments,  after  notice. 

Sect.  5  grants  a  toll,  the  rates  of  toll  to  be  established  by  the  Directors. 

Sect.  6  provides  that  the  Legislature  may  authorize  other  companies  to  connect  with 
this  road,  and  that  this  Company  shall  transport  their  passengers  and  freight  at 
the  rates  of  toll  prescribed  for  this  road. 

Sect.  7  directs  the  mode  of  crossing  any  private  way,  highway,  or  canal,  empower- 
ing them  to  raise  or  lower  any  private  way,  or  highM'ay,  and  providing  that  they 
shall  erect  gates  thereon  for  the  safety  of  travellers. 

Sect.  8  requires  that  they  erect  and  maintain  substantial  fences,  on  each  side  of 
enclosed  or  improved  lands  through  which  the  road  shall  pass. 

Sect.  9  provides  that  they  shall,  when  required,  transport  the  U.  S.  Mail  for  a  com- 
pensation, if  not  agreed  upon,  to  be  fixed  by  the  Legislature ;  and  that  after  com- 
mencing to  receive  tolls,  they  shall  keep  the  road  in  good  repair,  provide  suitable 
carriages,  and  transport  all  passengers  and  articles,  having  a  lien  on  the  latter  for 
freight. 

Sect.  10  enacts  that  any  person  wilfully  placing  obstructions  on  the  road,  or  injur- 
ing the  Company's  property  or  any  materials  used  in  its  construction,  or  any  per- 
son abetting  therein,  shall  forfeit  to  the  Corporation  treble  such  damages,  to  be 
recovered  by  an  action,  and  shall  be  liable  to  indictment  and  fine  or  imprison- 
ment. 


MAINE.  227 

Sect.  11  authorizes  them  to  extend  their  road  in  a  north  or  northeasterly  course 
to  the  Androscoggin  River,  at  or  near  Canton. 

Sect.  12  requires  that  they  keep  a  correct  account  of  receipts  and  expenditures, 
open  to  the  inspection  of  the  Governor  and  Council,  and  any  committee  of  the 
Legislature  ;  and  at  the  end  of  each  year  the  Treasurer  shall  exhibit,  under  oath, 
to  the  Legislature  the  net  profits  of  the  road. 

Sect.  13  provides  that  all  real  estate  taken  and  used  by  the  Company  shall  be  taxed 
to  them  Tvhere  it  is  situated,  and  that  shares  shall  be  deemed  personal  property 
and  be  taxed  to  shareholders,  at  their  places  of  residence  ;  that  whenever  the  net 
income  of  the  road  shall  have  exceeded  12  per  cent,  on  its  cost,  they  shall  so 
report  to  the  Legislature ;  and  afterwards  one  half,  or  such  proportion  as  the 
Legislature  shall  determine,  of  the  surplus  of  the  net  income  over  said  12  per  cent, 
shall  be  paid  into  the  State  treasury,  and  the  State  may  maintain  an  action  there- 
for, but  no  other  tax  shall  be  levied  on  the  Corporation. 

Sect.  14  ajjpoints  the  time  of  the  annual  meeting,  when  Directors  shall  be  chosen, 
and  provides  that  special  meetings,  if  necessary,  may  be  called. 

Sect.  15  empowers  the  Legislature  to  inquire  into  the  doings  of  the  Company,  and 
to  prevent  all  abuses,  and  pass  laws  imposing  penalties. 

Sect.  16  provides  that,  if  the  Company  shall  not  have  been  organized  and  the  loca- 
tion filed  on  or  before  November  1,  1856,  or  the  road  completed  on  or  before 
November  1,  1857,  this  Act  shall  be  void. 

Chapter  263  of  the  Special  Laics  of  1849  contains  an  additional  Act, 
It  authorizes  the  Company  to  add  $150,000  to  their  present  stock. 


Laws  of  1847,  Chap.  54. 
An  Act  to  establish  the  Buckfield  Branch  Railroad  Company. 

Sect.  1.  Be  it  enacted,  S)*c.  That  Yirgil  D.  Parris,  William 
Bridgham,  Samuel  F.  Brown,  Zadoc  Long,  Aaron  Par.sons,  James 
Jewitt,  Lucius  Loring,  Ira  Gardiner,  Addison  G.  Cole,  Ephraim 
Attwood,  Nathaniel  Shaw,  Noah  Prince,  Cyrus  FL  Coolidge, 
Zimenes  Philbrick,  Rodney  Chaffin,  Artemas  T.  Cole,  Libbeus 
Allen,  Jonathan  Buck,  Amory  H.  Allen,  America  Farrar,  Axel 
Spalding,  Zury  Robinson,  Jeremiah  How,  Samuel  Hersey,  Na- 
thaniel O.  Ryerson,  Albert  D.  White,  Sampson  Reed,  Edmund 
Irish,  junior,  Richard  Hutchinson,  George  Cobb,  Joseph  Hutchin- 
son, Thomas  Bridgham,  Joshua  Parsons,  Calvin  Bridgham,  Henry 
Decoster,  Washington  Long,  and  David  B.  Record,  their  associ- 
ates, successors,  and  assigns,  be,  and  they  are  hereby  constituted  a 
body  politic  and  corporate,  by  the  name  of  the  Buckfield  Branch 
Railroad  Company,  and  by  that  name  shall  have  all  the  powers, 
privileges,  and  immunities,  and  be  subject  to  all  the  duties  and 


228  BUCKFIELD  BRANCH  RAILROAD  COMPANY. 

liabilities  provided  and  prescribed  respecting  railroads,  in  chapter 
eighty-one  of  the  Revised  Statutes ;  may  sue  and  be  sued ;  plead 
and  be  impleaded ;  and  shall  have  and  enjoy  all  proper  remedies 
at  law  and  in  equity  to  secure  and  protect  them  in  the  exercise  and 
use  of  the  rights,  and  privileges,  and  powers  which  are  or  may  be 
necessary  to  carry  into  effect  the  purposes  and  objects  of  this  Act 
as  hereinafter  set  forth.  And  the  said  corporation  are  hereby 
authorized  and  empowered  to  locate,  construct,  and  finally  com- 
plete, alter,  and  keep  in  repair  a  railroad  with  one  or  more  set  of 
rails  or  tracks,  with  all  suitable  bridges,  viaducts,  turnouts,  cul- 
verts, drains,  and  all  other  necessary  appendages,  from  some  point 
or  place  near  Buckfield  Village,  through  the  towns  of  Buckfield, 
Hebron,  and  Minot,  at  such  place  at  or  near  Mechanic  Falls,  on 
the  Little  Androscoggin  River,  as  will  best  connect  with  the  Atlan- 
tic and  Saint  Lawrence  Railroad  now  located  to  that  place.  Said 
railroad  to  be  so  located  and  constructed  on  said  route,  as  the 
directors  of  said  corporation,  in  the  exercise  of  their  best  judgment 
and  discretion,  shall  judge  most  favorable,  and  best  calculated  to 
promote  the  public  convenience,  and  carry  into  effect  the  intentions 
and  purposes  of  this  Act.  And  for  the  aforementioned  purposes 
said  corporation  shall  have  the  right  to  purchase  or  to  take  and 
hold  so  much  of  the  land  and  other  real  estate  of  private  persons 
and  corporations,  as  may  be  necessary  for  the  location,  construc- 
tion, and  convenient  operation  of  said  railroad ;  and  they  shall  also 
have  the  right  to  take,  remove,  and  use  for  the  construction  and 
repair  of  said  railroad  and  appurtenances  any  earth,  gravel,  stone, 
timber,  or  other  materials,  on  or  from  the  land  so  taken  :  Provided, 
however,  that  said  land  so  taken  shall  not  exceed  six  rods  in  width, 
except  when  greater  width  is  necessary  for  the  purpose  of  excava- 
tion or  embankment;  arid  provided  also,  that  in  all  cases  said  cor- 
poration shall  pay  for  such  lands,  estate,  or  materials  so  taken  and 
used,  such  price  as  they  and  the  owner  or  respective  owners  thereof 
may  mutually  agree  on ;  and  in  case  said  parties  shall  not  other- 
wise agree,  then  said  corporation  shall  pay  such  damages  as  shall 
be  ascertained  and  determined  by  the  county  commissioners,  for 
the  county  where  such  land  or  other  property  may  be  situated,  in 
the  same  manner  and  under  the  same  conditions  and  limitations,  as 
are  by  law  provided  in  the  case  of  damages  by  the  laying  out  of 
highways.  And  the  land  so  taken  by  said  corporation  shall  be 
held  as  lands  taken  and  appropriated  for  public  highways.  And 
no  application  to  said  commissioners  to  estimate  said  damages 


MAINE.  229 

shall  be  sustained  unless  made  within  tjjiee  years  from  the  time  of 
taking  such  land  or  other  property  ;  and  in  case  such  railroad  shall 
pass  through  any  wood  lands  or  forests  the  said  company  shall 
have  the  right  to  fell  or  remove  any  trees  standing  therein  within 
four  rods  of  such  road,  which  by  their  liabilities  to  be  blown  down 
or  from  their  natural  falling  might  obstruct  or  impair  said  railroad, 
by  paying  a  just  compensation  therefor,  to  be  recovered  in  the 
same  manner  as  is  provided  for  the  recovery  of  other  damages  in 
this  Act. 

Sect.  2.  The  capital  stock  of  said  corporation  shall  consist  of 
not  less  than  five  hundred  nor  more  than  two  thousand  shares ; 
and  the  immediate  government  and  direction  of  the  affairs  of  said 
corporation  shall  be  vested  in  nine,  eleven,  or  thirteen  directors, 
who  shall  be  chosen  by  the  members  of  said  corporation,  in  the 
manner  hereinafter  provided,  and  shall  hold  their  offices  until  others 
shall  have  been  duly  elected  and  qualified  to  take  their  places,  a 
majority  of  whom  shall  form  a  quorum  for  the  transaction  of  busi- 
ness ;  and  they  shall  elect  one  of  their  number  to  be  president  of 
the  board,  who  shall  also  be  president  of  the  corporation  :  and  shall 
have  authority  to  choose  a  clerk,  who  shall  be  sworn  to  the  faith- 
ful discharge  of  his  duty ;  and  a  treasurer,  who  shall  be  sworn 
and  also  give  bonds  to  the  corporation  with  sureties  to  the  satis- 
faction of  the  directors,  in  a  sum  not  less  tlian  five  thousand  dol- 
lars for  the  faithful  discharge  of  his  trust.  And  for  the  purpose  of 
receiving  subscriptions  to  the  said  stock,  books  shall  be  opened 
under  the  direction  of  the  persons  named  in  the  first  section  of  this 
Act,  at  such  time  as  they  may  determine  in  the  towns  of  Buckfield 
and  Minot,  and  the  City  of  Portland  and  elsewhere  as  they  shall 
appoint,  to  remain  open  for  ten  successive  days,  of  which  time  and 
place  of  subscription  public  notice  shall  be  given  in  some  one  or 
more  newspapers  printed  in  the  County  of  Oxford,  and  in  the  City 
of  Portland,  in  the  County  of  Cumberland,  ten  days  at  least  before 
the  opening  of  such  subscription.  And  any  seven  of  the  persons 
named  in  the  first  section  of  this  Act,  are  hereby  authorized  to  call 
the  first  meeting  of  the  said  corporation  for  the  choice  of  directors 
and  organization,  by  giving  notice  in  one  or  more  newspapers  pub- 
lished as  above  named,  of  the  time  and  place  and  the  purposes  of 
such  meeting,  at  least  fourteen  days  before  the  time  mentioned  in 
such  notice. 

Sect.  3.  When  said  corporation  shall  take  any  land  or  other 
estate  as  aforesaid,  of  any  infant,  person  fion  compos  nientts^  or 
20 


230  BUCKFIELD  BRANCH  RAILROAD  COMPANY. 

feme  covert,  whose  husband  is  under  guardianship,  the  guardian 
of  such  infant  or  person  hoik  compos  mentis,  and  such  feme  covert, 
with   the  guardian  of  her  husband,  shall  have  full  power  and 
authority  to  agree  and  settle  with  said  corporation  for  damages  or 
claims  for  damages  by  reason  of  taking  such  land  and  estate  as 
aforesaid  and  give  good  and  valid  releases  and  discharges  therefor. 
Sect.  4.  The  president  and   directors  for  the  time  beJug   are 
hereby  authorized  and  empowered  by  themselves  or  their  agents, 
to  exercise  ail  the  powers  herein  granted  to  the  corporation  for  the 
purpose  of  locating,  constructing,  and  completing  said  railroad, 
and  for  the  transportation  of  persons,  goods,  and  property  of  all 
descriptions,  and  all  such  powers  and  authority  for  the  manage- 
ment of  the  affairs  of  the  corporation  as  may  be  necessary  and 
proper  to  carry  into  effect  the  object  of  this  grant ;  to  purchase  and 
hold  land,  materials,  engines,  and  cars,  and  other  necessary  things 
in  the  name  of  the  corporation  for  the  use  of  said  road  and  for  the 
transportation  of  persons,  goods,  and  property  of  all  descriptions : 
to  make  such  equal  assessments,  from  time  to  time,  on   all  the 
shares  in  said  corporation,  as  they  may  deem  expedient  and  neces- 
sary in  the  execution  and  the  progress  of  the  work,  and  direct  the 
same  to  be  paid  to  the  treasurer  of   the  corporation.     And  the 
treasurer  shall  give  notice  of  all  such  assessments;  and  in  case  any 
subscriber  or  stockholder  shall  neglect  to  pay  any  assessment  on 
his  share  or  shares  for  the  space  of  tliirty  days  after  such  notice  is 
given  as  shall  be  prescribed  by  the  by-laws  of  said  corporation,  the 
directors  may  order  the  treasurer  to  sell  such  share  or  shares  at 
public  auction,  after  giving  such  notice  as  may  be  prescribed  as 
aforesaid,  to  the  highest  bidder,  and  the  same  shall  be  transferred 
to  the  purchaser ;  and  such  delinquent  subscriber  or  stockholder 
shall  be  held  accountable  to  the  corporation  for  the  balance,  if  his 
share  or  shares  shall  sell  for  less  than  the  assessments  due  thereon 
with  the  interest  and  cost  of  sale ;  and  shall  be  entitled  to  the  sur- 
plus, if  his  share  or  shares  shall  sell  for  more  than  the  assessments 
due  with  interest  and  cost  of  sale  :  Provided,   however,   that  no 
assessment  shall  be  laid  upon  any  shares  in  said  corporation  of  a 
greater  amount  in  the  whole  than  one  hundred  dollars. 

Sect.  5.  A  toll  is  hereby  granted  and  established  for  the  sole 
benefit  of  said  corporation  upon  all  passengers  and  property  of  all 
descriptions,  which  may  be  conveyed  or  transported  by  them  upon 
said  road,  at  such  rate  as  may  be  agreed  upon  and  established, 
from  time  to  time,  by  the  directors  of  said  corporation.     The  trans- 


MAINE.  231 

portation  of  persons  and  property,  the  construction  of  wheels,  the 
form  of  cars  and  carriages,  the  weights  of  loads  and  all  other  mat- 
ters and  things  in  relation  to  said  road  shall  be  in  conformity  with 
such  rules,  regulations,  and  provisions  as  the  directors  shall  from 
time  to  time  prescribe  and  direct. 

Sect.  6.  The  legislature  may  authorize  any  other  company  or 
companies  to  connect  any  other  railroad  or  railroads  with  the  rail- 
road of  said  corporation,  at  any  points  on  the  route  of  said  rail- 
road. And  said  corporation  shall  receive  and  transport  all  per- 
sons, goods,  and  property  of  all  descriptions,  which  may  be  carried 
and  transported  to  the  railroad  of  said  corporation  on  such  other 
railroads  as  may  be  hereafter  authorized  to  be  connected  therewith, 
at  the  same  rates  of  toll  and  freight  as  may  be  prescribed  by  said 
corporation ;  so  that  the  rates  of  freight  and  toll  of  such  passen- 
gers, goods,  and  other  property  as  may  be  received  from  such  other 
railroads  so  connected  with  said  railroad  as  aforesaid,  shall  not 
exceed  the  general  rates  of  freight  and  toll  on  said  railroad  re- 
ceived for  freight  and  passengers  at  any  of  the  deposits  of  said 
corporation. 

Sect.  7.  If  any  railroad  in  the  course  thereof  shall  cross  any 
private  way,  the  said  corporation  shall  so  construct  said  railroad  as 
not  to  obstruct  the  safe  and  convenient  use  of  such  private  way ; 
and  if  the  said  railroad  shall  in  the  course  thereof,  cross  any 
canal,  railroad,  or  other  highway,  the  said  railroad  shall  be  so 
constructed  as  not  to  obstruct  the  safe  and  convenient  use  of  such 
canal,  or  highway ;  and  the  said  corporation  shall  have  power  to 
raise  or  lower  such  highway  or  private  way,  so  that  said  railroad, 
if  necessary,  may  conveniently  pass  under  or  over  the  same  and 
erect  such  gate  or  gates  thereon,  as  may  be  necessary  for  the  safety 
of  travellers  on  said  railroad,  highway,  or  private  way,  and  shall 
keep  all  bridges  and  embankments  necessary  for  the  same  in  good 
repair. 

Sect.  8.  Said  railroad  corporation  shall  erect  and  maintain 
substantial,  legal,  and  sufficient  fences  on  each  side  of  the  land 
taken  by  them  for  their  railroad,  when  the  same  passes  through 
enclosed  or  improved  lands,  or  lands  that  may  be  hereafter  im- 
proved. 

Sect.  9.  The  said  corporation  shall  at  all  times,  when  the  post- 
master-general shall  require  it,  be  holden  to  transport  the  mail  of 
the  United  States  from  and  to  such  place  or  places  on  said  road  as 


282  BUCKFIELD    BRANCH   RAILROAD    COMPANY. 

required,  for  a  fair  and  reasonable  compensation.  And  in  case  the 
corporation  and  the  postmaster-general  shall  be  unable  to  agree 
upon  the  compensation  aforesaid,  the  legislature  of  the  State  shall 
determine  the  same.  And  said  corporation,  after  they  shall  com- 
mence the  receiving  of  tolls,  shall  be  bound  at  all  times  to  have 
said  railroad  in  good  repair,  and  a  sufficient  number  of  suitable 
carriages  and  vehicles  for  the  transportation  of  persons  and  articles, 
and  be  obliged  to  receive  at  all  proper  times  and  places  and  con- 
vey the  same,  when  the  appropriate  tolls  therefor  shall  be  paid  or 
tendered,  and  a  lien  is  hereby  created  on  all  articles  transported 
for  said  tolls. 

Sect.  10.  If  any  person  shall  wilfully  and  maliciously  or  wan- 
tonly and  contrary  to  law.  obstruct  the  passage  of  any  carriages 
on  said  railroad  or  in  any  way  spoil,  injure  or  destroy  said  railroad 
or  any  part  thereof  or  any  thing  belonging  thereto,  or  any  mate- 
rials or  implements  to  be  employed  in  the  construction  or  for  the 
use  of  said  road,  he,  she,  or  they,  or  any  person  or  persons,  assist- 
ing, aiding,  or  abetting  such  trespass,  shall  forfeit  and  pay  to  said 
corporation  for  every  such  offence,  treble  such  damages  as  shall  be 
proved  before  the  justice,  court,  or  jury,  before  whom  the  trial  shall 
be  had,  to  be  sued  for  before  any  justice  or  in  any  court  proper  to 
try  the  same  by  the  treasurer  of  the  corporation,  or  other  officer 
whom  they  may  direct,  to  the  use  of  said  corporation.  And  such 
offender  or  offenders  shall  be  liable  to  indictment  by  the  grand  jury 
of  the  county,  within  which  said  trespass  shall  have  been  com- 
mitted, for  any  offence  or  offences,  contrary  to  the  above  provi- 
sions ;  and  upon  conviction  thereof  before  any  court  competent  to 
try  the  same,  shall  pay  a  fine  not  exceeding  five  hundred  dollars 
to  the  use  of  the  State,  or  may  be  imprisoned  for  a  term  not  ex- 
ceeding five  years,  at  the  discretion  of  the  court  before  whom  such 
conviction  may  be  had. 

Sect.  11.  Said  corporation  shall  be  and  is  hereby  invested  with 
power  and  authority  to  continue  and  prolong  said  railroad  in  a 
north  or  northeasterly  direction  to  the  Androscoggin  River  at  some 
point  at  or  near  the  town  of  Canton, 

Sect.  12.  Said  corporation  shall  keep  in  a  book,  for  that  pur- 
pose a  regular  account  of  all  their  disbursements,  expenditures  and 
receipts;  and  the  books  of  said  corporation  shall  at  all  times  be 
open  to  the  inspection  of  the  governor  and  council  and  of  any 
committee  duly  authorized  by  the  legislature  ;  and  at  the  expira- 


.    MAINE.  233 

tion  of  every  year,  the  treasurer  of  said  corporation  shall  make  an 
exhibit  under  oath  to  the  legislature,  of  the  net  profits  derived 
from  the  income  of  said  railroad. 

Sect.  13.  All  real  estate  purchased  by  said  corporation  for  the 
use  of  the  same,  under  the  fourth  section  of  this  Act,  shall  be  tax- 
able to  said  corporation  by  the  several  towns  and  plantations  in 
which  said  lands  lie,  in  the  same  manner  as  lands  owned  by  pri- 
vate persons,  and  shall  in  the  valuation  list  be  estimated  the  same 
as  the  other  real  estate  of  the  same  quality  in  such  towns  or  plan- 
tations, and  not  otherwise;  and  the  shares  owned  by  the  respective 
stockholders  shall  be  deemed  personal  estate  and  be  taxable  as 
such  to  the  owners  thereof,  in  the  places  where  they  reside  and 
have  their  home.  And  whenever  the  net  income  of  said  corpora- 
tion shall  have  amounted  to  twelve  per  centum  per  annum  upon 
the  cost  of  the  road  and  its  appendages  and  incidental  expenses, 
the  directors  shall  make  a  special  report  of  the  fact  to  the  legisla- 
ture ;  from  and  after  which  time  one  moiety  or  such  other  portion 
as  the  legislature  may  from  time  to  time  determine,  of  the  net 
income  from  said  railroad  accruing  thereafter  over  and  above 
twelve  per  centum  per  aimum  first  to  be  paid  to  the  stockholders, 
shall  annually  be  paid  over  by  the  treasurer  of  said  corporation  as 
a  tax,  into  the  treasury  of  the  State  for  the  use  of  the  State.  And 
the  State  may  have  and  maintain  an  action  against  said  corpora- 
tion therefor,  to  recover  the  same.  But  no  other  tax  than  herein 
is  provided  shall  ever  be  levied  or  assessed  on  said  corporation  or 
any  of  their  privileges  or  franchises. 

Sect.  14.  The  annual  meeting  of  the  members  of  said  corpora- 
tion shall  be  holden  on  the  first  Saturday  of  September,  or  such 
other  day  as  shall  be  determined  by  the  by-laws,  at  such  time  and 
place  as  the  directors  for  the  time  being  shall  appoint,  at  which 
meetmg,  the  directors  shall  be  chosen  by  ballot,  each  proprietor, 
by  himself  or  proxy,  being  entitled  to  as  many  votes  as  he  holds- 
shares  ;  and  the  directors  are  hereby  authorized  to  call  special 
meetings  of  the  stockholders  whenever  they  shall  deem  it  expedient 
and  proper,  giving  such  notice  as  the  corporation  by  their  by-laws 
shall  direct. 

Sect.  15.  The  legislature  shall  at  all  times  have  the  right  to 
inquire  into  the  doings  of  the  corporation,  and  into  the  manner  in 
which  the  privileges  and  franchises  herein  and  hereby  granted 
may  have  been  used  and  employed  by  said  corporation,  and  to 
correct  and  prevent  all  abuses  of  the  same  and  to  pass  any  laws 
20* 


234  THE   MOOSE   HEAD    LAKE   RAILWAY    COMPANY. 

imposing  fines  and  penalties  upon  such  corporation,  which  may- 
be necessary  more  effectually  to  compel  a  compliance  with  the 
provisions,  liabilities,  and  duties,  hereinbefore  set  forth  and  en- 
joined, but  not  to  impose  any  other  or  further  duties,  liabilities,  or 
obligations. 

Sect.  16.  If  said  corporation  shall  not  have  been  organized,  and 
the  location  according  to  actual  survey  of  the  route  filed  with  the 
county  commissioners  of  the  counties  through  which  the  same 
shall  pass,  on  or  before  the  first  day  of  November,  in  the  year  of 
our  Lord,  eighteen  hundred  and  fifty-two,  or  if  the  said  corporation 
shall  fail  to  complete  said  railroad  on  or  before  the  first  day  of 
November,  in  the  year  of  our  Lord,  one  thousand  eight  hundred 
and  fifty-seven,  in  either  of  the  above  mentioned  cases  this  Act 
shall  be  null  and  void.     Approved,  July  22,  1847. 

Laws  of  1849,  Chap.  263. 

An  Act  to  increase  the  capital  stock  of  the  Buckfield  Branch  Railroad  Company. 

Be  it  enacted,  ^'c.  That  the  Buckfield  Branch  Railroad  Com- 
pany are  hereby  authorized  to  increase  the  capital  stock  of  said 
company  one  hundred  and  fifty  thousand  dollars  in  addition  to  its 
present  capital,  to  be  divided  into  shares  in  the  manner  provided 
by  law.     Approved  August  7,  1849. 


THE  MOOSE  HEAD  LAKE  RAILWAY  COMPANY. 

INCORPORATED     IN    MAINE    IN     1847. 
Chapter  71  of  the  Special  Laws  q/"  1847  contains  the  Charter. 

Sect.  1  grants  corporate  powers. 

Sect.  2  authorizes  the  Company  to  construct  a  railway,  on  the  route  described,  and 
to  take  land  necessary  therefor ;  provided  they  pay  the  owners  thereof  damages 
determined  by  the  County  Commissioners  for  Piscataquis  County,  if  appUcation 
therefor  be  made  within  two  years  from  the  time  of  taking  the  land. 

Sect.  3  empowers  the  Company  to  establish  a  toll  for  transportation  of  persons  and 
property  on  said  road. 


Laws  of  1847,  Chap.  71. 
An  Act  to  incorporate  the  Moose  Head  Lake  Railway  Company. 

Sect.  1.  Be  it  enacted,  (^c.  That  C.  W.  Gower.  Josiah  Hinkley, 
f?amuel  P.  Strickland,  Hastings  Strickland,  Aaron   Babb,  Arvida 


MAINE.  235 

Hayford,  Jonathan  A.  Gushing,  George  W.  King,  Abner  Coburn, 
and  Philander  Coburn.  their  associates,  successors,  and  assigns, 
are  hereby  made  a  body  pohtic  and  corporate  by  the  name  of  the 
Moose  Head  Lake  Railway  Company,  with  all  the  powers,  rights, 
and  privileges  of  similar  corporations. 

Sect.  2.  Said  corporation  is  hereby  authorized  to  locate,  con- 
struct and  maintain  a  railway  with  materials  of  wood  or  other- 
wise, with  one  or  more  tracks,  from  the  head  of  Moose  Head  Lake 
to  the  west  branch  of  the  Penobscot  River ;  and  also  a  railway 
with  one  or  more  sets  of  tracks  from  Umbazookskus  Lake  to  Mud 
Pond.  And  said  corporation  are  further  authorized  to  enter  upon 
and  take  such  land  and  property  as  may  be  necessary  to  construct 
their  said  roads,  with  the  necessary  wharves  and  depots  :  Pro- 
vided^ said  corporation  shall  pay  to  the  proprietor  or  proprietors, 
for  land,  property,  or  materials,  so  taken  and  used,  such  price  as 
they  and  said  proprietor  or  proprietors  may  agree  upon.  And  if 
the  parties  shall  not  otherwise  agree,  then  said  corporation  shall 
pay  such  damages  as  may  be  ascertained  and  determined  by  the 
county  commissioners  for  the  county  of  Piscataquis,  in  the  same 
manner  and  under  the  same  restrictions  and  limitations  as  are  by 
law  provided  in  the  case  of  damages  by  laying  out  public  high- 
ways ;  but  the  application  for  damages  shall  be  made  within  two 
years  from  taking  of  the  same. 

Sect.  3.  The  legislature  may  hereafter  establish  a  toll  for  the 
transportation  of  passengers,  merchandise,  and  other  property,  on 
said  railways.     Approved^  Jtdy  28,  1847. 


FRANKLIN   AND    KENNEBEC  RMLROAD    COMPANY. 

INCORPORATED    IN    MAINE    IN    1847. 

Cliapter  IZ  of  the  Special  Laws  q/"  1847  contains  the  Charter. 

Sect.  1  grants  corporate  powers,  and  describes  the  rovite ;  authorizes  them  to  hold 
sufficient  real  estate  for  the  purposes  of  the  road,  not  exceeding  six  rods  in  width, 
except  when  necessary  for  excavations  or  embankments,  and  to  fell  or  remove 
trees,  within  four  rods  of  the  road,  likel}'  to  obstruct  it,  paying  for  land  so  taken 
and  trees  so  removed  damages,  when  not  agreed  upon,  to  be  assessed  by  the 
County  Commissioners ;  that  application  to  said  Commissioners  must  be  made 
within  three  years  from  the  time  of  takmg  the  property. 

Sect.  2  provides  that  the  guardian  of  an  infant  or  person  non  compos  mentis,  and  a 


236  FRANKLIN   AND    KENNEBEC    RAILROAD    COMPANY. 

feme  covert,  whose  husband  is  under  guardianship,  and  his  guardian  may  release 
claims  for  land  damages. 

Sect.  3  divides  the  capital  stock  into  not  less  than  4000  nor  more  than  10,000  shares, 
vests  the  government  in  seven,  nine,  or  thirteen  Directors,  and  provides  for  the 
choice  of  officers ;  it  directs  that  books  for  subscription  to  the  stock  shall  be  open- 
ed at  certain  places  for  ten  successive  days,  twenty  days'  previous  public  notice 
having  been  given,  and  if  the  number  subscribed  for  should  exceed  10,000  shares, 
they  shall  be  distributed  among  the  subscribers  according  to  previous  regulations  ; 
it  also  directs  the  mode  of  organization. 

Sect.  4  authorizes  them  to  make  by-laws  not  repugnant  to  the  laws  of  the  State. 

Sect.  5  defines  the  powers  and  duties  of  the  officers,  authorizes  them  to  make  equal 
assessments  not  exceeding  $100  on  each  share,  and  to  sell  shares  for  non-payment 
of  assessments,  after  notice. 

Sect.  6  grants  a  toll,  to  be  regulated  by  the  Directors. 

Sect.  7  empowers  this  Company  to  connect  its  road  -with  the  Androscoggin  and 
Kennebec  Railroad,  or  the  Kennebec  and  Portland  Railroad,  and  provides  that 
said  Companies  shall  transport  the  passengers  and  articles  of  this  road  at  the  rates 
of  toll  prescribed  on  their  roads  ;  it  also  authorizes  said  Companies  to  connect  with 
this  Railroad,  by  complying  with  the  provisions  of  "  an  Act  relating  to  railroads  " 
passed  March  7,  1842. 

Sect.  8  establishes  the  manner  of  crossing  any  private  way,  highway,  turnpike  or 
canal,  providing  that  they  may  raise  or  lower  any  private  way,  highway,  or  turn- 
pike, and  that  they  shall  erect  gates  thereon  for  the  safety  of  travellers. 

Sect.  9  requires  that  they  maintain  in  good  repair  all  bridges  over  such  crossings. 

Sect.  10  empowers  them  to  erect  bridges  over  lakes,  ponds,  rivers,  or  streams. 

Sect.  11  requires  that  they  maintain  substantial  fences  on  each  side  of  improved  or 
enclosed  lands  through  which  the  road  may  pass. 

Sect.  12  directs  that  they  shall,  when  required,  transport  the  U.  S.  Mail,  for  a  com- 
pensation, if  not  agreed  upon,  to  be  determined  by  the  Legislature ;  that,  after 
commencing  to  receive  tolls,  they  shall  maintain  the  road  in  good  rejjair,  provide 
suitable  carriages  and  transport  all  passengers  and  articles,  having  a  lien  on  the 
latter  for  freight ;  that  no  other  engines  or  cars  shall  be  run  on  this  road,  except 
of  such  roads  as  may  be  connected  with  this  according  to  the  provisions  of  sections 
6  and  7. 

Sect.  13  enacts  that  any  person"  wilfully  placing  obstructions  on  the  road,  or  injuring 
the  Company's  property,  or  materials,  or  implements  used  in  the  construction  of 
the  road,  or  any  person  abetting  therein,  shall  forfeit  to  the  Corporation  treble  the 
amount  of  damages,  to  be  recovered  in  an  action,  and  shall  be  Uable  to  indict- 
ment and  fine  or  imprisonment. 

Sect.  14  requires  that  they  shall  keep  exact  accounts  of  receipts  and  expenditures, 
open  to  the  inspection  of  the  Governor  and  Council  and  of  a  committee  of  the 
Legislature ;  and  at  the  end  of  each  year,  the  treasurer  shall  exhibit  to  the  Legis- 
lature, under  oath,  the  net  income  ol  the  road. 

Sect.  15  provides  that  real  estate  held  by  the  Corporation  for  their  use  shall  be  taxa- 
ble to  them  where  it  is  situated ;  and  that  shares  shall  be  deemed  personal  pro- 
perty and  be  taxable  to  shareholders ;  that  whenever  the  net  income  of  the  road 
shall  exceed  10  per  cent,  on  its  cost,  report  thereof  shall  be  made  to  the  Legis- 
lature, and  thcreafterwards  one  half  of  the  surplus,  or  such  portion  as  the  Legis- 
lature may  determine,  shall  be  paid  into  the  State  Treasury,  and  the  State  may 
maintain  an  action  therefor ;  but  that  no  other  tax  shall  be  levied  on  the  Corpora- 
tion. 


MAINE.  237 

Sect.  16  appoints  the  time  of  the  annual  meeting,  when  Directors  shall  be  chosen, 
and  provides  that  special  meetings,  if  necessary,  may  be  called. 

Sect.  17  empowers  the  Legislature  to  inquire  into  the  doings  of  the  Company,  tore- 
form  abuses,  and  to  pass  laws  imposing  penalties,  and  jjrovides  that  this  Act  shall 
not  be  altered  or  revoked  without  the  consent  of  the  Company,  but  by  process  of 
law. 

Sect.  18  provides,  if  the  Company  be  not  organized  and  the  location  filed  on  or  before 
December  31,  1852,  or  the  road  completed  on  or  before  December  31,  1860,  that  this 
Act  shall  be  void. 

Chapter  125  of  the  Special  Laws  of  1848  contains  an  additional  Act. 

It  amends  section  1  of  the  original  Act,  respecting  the  route. 


Laws  op  1847,  Chap.  73. 
An  Act  to  establish  the  Franklin  and  Kennebec  Railroad  Company. 

Sect,  1.  Be  it  enacted.,  S^^c.  That  Nathan  Cutter,  Joseph  John- 
son, Hiram  Belcher,  William  Cothren,  Francis  G.  Butler,  Alanson 
B.  Caswell,  Abraham  W,  F.  Belcher,  Samuel  Baker,  Dexter  Bald- 
win, Benjamin  H.  Gilbreth,  William  H.  Hartwell,  William  Whit- 
tier,  Hiram  B.  Stoyell,  Henry  Titcomb  and  Nathan  W.  Backus, 
their  associates,  successors,  and  assigns,  are  hereby  made  and  con- 
stituted a  body  politic  and  corporate  by  the  name  of  the  Franklin 
and  Kennebec  Railroad  Company,  and  by  that  name  may  sue  and 
be  sued,  plead  and  be  impleaded,  and  shall  have  and  enjoy  all 
proper  remedies  at  law  and  in  equity,  to  secure  and  protect  them 
in  the  exercise  and  use  of  the  riglits  and  privileges,  and  in  the  per- 
formance of  the  duties  hereinafter  granted  and  enjoined,  and  to 
prevent  all  invasion  tliereof  or  interruption  in  exercising  and  per- 
forming the  same.  And  the  said  corporation  are  hereby  empow- 
ered and  authorized  to  locate,  construct,  and  finally  complete,  alter 
and  keep  in  good  repair,  a  railroad  with  one  or  more  sets  of  rails 
or  tracks,  with  all  suitable  bridges,  tunnels,  viaducts,  turnouts, 
culverts,  drains  and  all  other  necessary  appendages,  from  some 
point  or  place  in  the  town  of  Farmington  in  the  county  of  Frank- 
lin, through  any  of  the  towns  of  Farmington,  Chesterville,  New 
Sharon,  Vieiuia,  Mount  Vernon,  Readfield,  Belgrade,  Winthrop, 
Sidney,  Augusta,  Hallowell  and  Gardiner  to  or  near  the  Kennebec 
River  at  some  point  between  the  north  line  of  Augusta,  Fayette, 
Wayne,  East  Livermore,  Leeds,  Rome,  and  the  south  line  of  Gar- 


238  FRANKLIN   AND   KENNEBEC    RAILROAD    COMPANY. 

diner,  in  such  a  route  as  the  directors  of  said  corporation  in  the  ex- 
ercise of  their  best  judgment  or  discretion,  shall  judge  most  favora- 
ble and  best  calculated  to  promote  the  public  convenience  and 
carry  into  effect  the  intentions  and  purposes  of  this  Act.     And  said 
corporation  are  hereby  invested  with  all  the  powers,  privileges  and 
immunities,  which  are  or  may  be  necessary  to  carry  into  effect  the 
purposes  and  objects  of  this  Act  as  herein  set  forth.     And  for  this 
purpose  said  corporation  shall  have  the  right  to  purchase,  or  to 
take  and  hold  so  much  of  the  land  and  other  real  estate  of  private 
persons  and  corporations,  as  may  be  necessary  for  the  location, 
construction  and  convenient  operation  of  said  railroad ;  and  they 
shall  also  have  the  right  to  take,  remove  and  use  for  the  construc- 
tion and  repair  of  said  railroad  and  appurtenances,   any  earth, 
gravel,  stone,  timber  or  other  materials  on  or  from  the  land  so 
taken ;  provided,  however^  that  said  land  so  taken  shall  not  exceed 
six  rods  in  width,  except  where  greater  v/idth  is  necessary  for  the 
purpose  of  excavation  or  embankment;  and  provided,  also,  that  in 
all  cases  said  corporation  shall  pay  for  such  lands,  estate  or  mate- 
rials so  taken  and  used,  such  price  as  they  and  the  owner  or  re- 
spective owners  thereof  may  mutually  agree  on;  and  in  case  said 
parties  shall  not  otherwise  agree,  then  said  corporation  shall  pay 
such  damages  as  shall  be  ascertained  and  determined  by  the  county 
commissioners  for  the  county  where  such  land  or  other  property 
may  be  situated,  in  the  same  manner  and  under  the  same  condi- 
tions and  limitations  as  are  by  law  provided  in  the  case  of  dam- 
ages by  the  laying  out  of  highways.     And  the  land  so  taken  by 
said  corporation,  shall  be  held  as  lands  taken  and  appropriated  for 
public  highways.     And  no  application  to  said  commissioners  to 
estimate  said  damages  shall  be  sustained,  unless  made  within  three 
years  from  the  time  of  taking  such  land  or  other  property ;  and  in 
case  such  railroad  shall  pass  through  any  woodlands  or  forests,  the 
said  company  shall   have  the  right  to   fell  or  remove  any  trees 
standing  therein,  within  four   rods  of  said   road,  which  by  their 
liability  to  be  blown  down  or  from  their  natural  falling  might  ob- 
struct, or  impair  said   railroad,   by  paying  a  just  compensation 
therefor,  to  be  recovered  in  the  same  manner  as  is  provided  for  the 
recovery  of  other  damages  in  this  Act.     And  furthermore  said  cor- 
poration shall  have  all  the  powers,  privileges  and  immunities,  and 
be  subject  to  all  the  duties  and  liabilities  provided  and  prescribed 
respecting  railroads,  in  chapter  eighty-one  of  the  Revised  Statutes, 
not  inconsistent  with  the  express  provisions  of  this  charter. 


MAINE.  239 

Sect.  2.  When  said  corporation  shall  take  any  land  or  other 
estate  as  aforesaid,  of  any  infant,  person  noti  comjios  mentis,  or 
feme  covert  whose  husband  is  under  guardianship,  the  guardian  of 
such  infant,  or  person  iion  compos  mentis,  and  such  feme  covert 
■with  the  guardian  of  her  husband,  shall  have  full  power  and 
authority  to  agree  and  settle  with  said  corporation,  for  damages  or 
claims  for  damages,  by  reason  of  taking  such  land  and  estate 
aforementioned,  and  give  good  and  valid  releases  and  discharges 
therefor. 

Sect.  3.  The  capital  stock  of  said  corporation  shall  consist  of 
not  less  than  four  thousand  nor  more  than  ten  thousand  shares ; 
and  the  immediate  government  and  direction  of  the  affairs  of  said 
corporation  shall  be  vested  in  seven,  nine,  or  thirteen  directors,  who 
shall  be  chosen  by  the  members  of  said  corporation  in  the  manner 
hereinafter  provided  ;  and  shall  hold  their  offices  until  others  shall 
have  been  duly  elected  and  qualified  to  take  their  places,  a  major- 
ity of  whom  shall  form  a  quorum  for  the  transaction  of  business, 
and  they  shall  elect  one  of  their  number  to  be  president  of  the 
board,  who  shall  also  be  president  of  the  corporation,  and  shall 
have  authority  to  choose  a  clerk,  who  shall  be  sworn  to  the  faith- 
ful discharge  of  his  duty ;  and  a  treasurer,  who  shall  be   sworn, 
and  who  shall  likewise  give  bonds  to  the  corporation,  with  sureties 
to  the  satisfaction   of  the  directors,  in  a  sum  not  less  than  twenty 
thousand  dollars,  for  the  faithful  discharge  of  his  trust.     And  for 
the  purpose  of  receiving  subscriptions  to  the  said  stock,  books  shall 
be  opened  under  the  direction  of  the  persons  named  in  the  first 
section  of  this   Act,  at  such  time  as  they  may  determine,  in  the 
town   of  Augusta,  and  the  cities  of  Bangor  and  Portland  in  this 
State,  and   the  cities  of  Salem  and  Boston  in  Massachusetts,  and 
elsewhere  as  they  shall  appoint,  to  remain  open  for  ten  successive 
days ;  of  which  time  and  place  of  subscription,  public  notice  shall 
be  given,  in  some  newspaper  printed  in  Portland,  Augusta  and 
Boston,  twenty  days  at  least  previous  to  the  opening  of  said  sub- 
scription ;   and  m   case   the  amount  subscribed  shall   exceed   ten 
thousand  shares,  the  same  shall  be  distributed  among  all  the  sub- 
scribers according  to  such  regulations  as  the  persons  having  charge 
of  the  opening  of  the  subscription  books,  shall  prescribe  before  the 
opening  of  said  books.     And  any  five  of  the  persons  named  in  the 
first  section  of  this  Act,  are  hereby  authorized   to  call   the  first 
meeting  of  said  corporation  by  giving  notice  in  one  or  more  news- 
papers published  in  the  town  and  cities  last  above  named,  of  the 


240  FRANKLIN  AND    KENNEBEC  RAILROAD    COMPANY. 

time,  and  place,  and  the  purposes  of  such  meeting,  at  least  twenty 
days  before  the  time  mentioned  in  such  notice. 

Sect.  4.  Said  corporation  shall  have  power  to  make,  ordain  and 
establish  all  necessary  by-laws  and  regulations,  consistent  with  the 
constitution  and  laws  of  this  State,  for  their  own  government,  and 
for  the  due  and  orderly  conducting  of  their  affairs,  and  the  man- 
agement of  their  property. 

Sect.  5.  The  president  and  directors  for  the  time  being,  are 
hereby  authorized  and  empowered,  by  themselves  or  their  agents, 
to  exercise  all  the  powers  herein  granted  to  the  corporation,  for  the 
purpose  of  locating,  constructing,  and  completing  said  railroad  and 
for  the  transportation  of  persons,  goods,  and  property  of  all  descrip- 
tions ;  and  all  such  power  and  authority  for  the  management  of 
the  affairs  of  the  corporation  as  may  be  necessary  and  proper  to 
carry  into  effect  the  objects  of  this  grant ;  to  purchase  and  hold 
land,  materials,  engines  and  cars,  and  other  necessary  things,  in 
the  name  of  the  corporation  for  the  use  of  said  road,  and  for  the 
transportation  of  persons,  goods  and  property  of  all  descriptions ; 
to  make  such  equal  assessment  from  time  to  time,  on  all  the  sliares 
in  said  corporation,  as  they  may  deem  expedient  and  necessary  in 
the  execution  and  the  progress  of  the  work,  and  direct  the  same  to 
be  paid  to  the  treasurer  of  the  corporation.  And  the  treasurer 
shall  give  notice  of  all  such  assessments;  and  in  case  any  sub- 
scriber or  stockholder  shall  neglect  to  pay  any  assessment,  on  his 
share  or  shares,  for  the  space  of  thirty  days  after  such  notice  is 
given,  as  shall  be  prescribed  by  the  by-laws  of  said  corporation, 
the  directors  may  order  the  treasiu'er  to  sell  such  share  or  shares 
at  public  auction,  after  giving  such  notice  as  may  be  prescribed  as 
aforesaid,  to  the  highest  bidder  ;  and  the  same  shall  be  transferred 
to  the  purchaser,  and  such  delinquent  stockholder  or  subscriber 
shall  be  held  accountable  to  the  corporation  for  the  balance,  if  his 
share  or  shares  shall  sell  for  less  than  the  assessment  due  thereon, 
with  the  interest  and  costs  of  sale ;  and  shall  be  entitled  to  the 
overplus,  if  his  share  or  shares  shall  sell  for  more  than  the  assess- 
ments due  with  interest  and  costs  of  sale :  jyrovided^  hoioever,  that 
no  assessment  shall  be  laid  upon  any  shares  in  said  corporation  of 
a  greater  amount  in  the  whole  than  one  hundred  dollars. 

Sect.  6.  A  toll  is  hereby  granted  and  established  for  the  sole 
benefit  of  said  corporation,  upon  all  passengers  and  property  of  all 
descriptions,  which  may  be  conveyed  or  transported  by  them  upon 
said  road,  at  such  rate  as  may  be  agreed  upon  and  eslablislied  from 


MAINE.  241 

time  to  time  bj^  the  directors  of  said  corporation.  The  transporta- 
tion of  persons  and  property,  the  constrnction  of  wheels,  the  forms 
of  cars  and  carriages,  the  weights  of  loads,  and  all  other  matters 
and  things  in  relation  to  said  road,  shall  be  in  conformity  with 
such  rules,  regulations,  and  provisions,  as  the  directors  shall  from 
time  to  time  prescribe  and  direct. 

Sect.  7.  Said  corporation  is  hereby  authorized  and  empowered  to 
connect,  if  it  shall  elect  so  to  do,  with  the  Androscoggin  and  Ken- 
nebec Railroad,  or  the  Kennebec  and  Portland  Railroad,  at  any 
point  in  either  of  the  towns  mentioned  in  the  first  section  of  this 
Act,  which  the  directors  of  the  said  Franklin,  and  Kennebec  Rail- 
road Company  may  select,  and  said  Androscoggin  and  Kennebec 
Railroad,  or  the  Kennebec  and  Portland  Railroad  shall  receive  and 
transport  all  persons,  goods  and  property  of  all  descriptions  which 
may  be  carried  and  transported  to  its  railroad,  on  said  Franklin  and 
Kennebec  Railroad,  at  the  same  rates  of  freight  and  toll  on  such 
passengers  and  goods  and  other  property,  as  may  be  prescribed  by 
said  Androscoggin  and  Kennebec  Railroad  Company,  or  the  Ken- 
nebec and  Portland  Railroad  Company,  so  that  the  rates  of  freight 
and  toll  on  such  passengers,  goods,  and  other  property,  as  may  be 
so  received  from  said  Franklin  and  Kennebec  Railroad,  shall  not 
exceed  the  general  rates  of  freight  and  toll  on  its  road,  received  for 
freight  and  passengers  at  any  of  the  deposites  of  said  corporation  ; 
provided,  also,  that  the  said  Androscoggin  and  Kennebec  Railroad 
and  the  Portland  and  Kennebec  Railroad,  if  they  shall  elect  so  to 
do,  are  hereby  authorized  to  connect  with  the  said  Franklin  and 
Kennebec  Railroad,  subject  to  the  provisions  of  "  an  Act  relating  to 
railroads,"  approved  March  seventh,  eighteen  hundred  and  forty- 
two. 

Sect.  S.  If  the  said  railroad  in  the  course  thereof  shall  cross 
any  private  way,  the  said  corporation  shall  so  construct  said  rail- 
road as  not  to  obstruct  the  safe  and  convenient  use  of  such  private 
way,  and  if  the  said  railroad  shall  in  the  course  thereof  cross  any 
canal,  turnpike,  railroad,  or  other  highway,  the  said  railroad  shall 
be  so  constructed  as  not  to  obstruct  the  safe  and  convenient  use  of 
such  canal,  turnpike,  or  other  highway ;  and  the  said  corporation 
shall  have  power  to  raise  or  lower  such  turnpike,  highway,  or  pri- 
vate way,  so  that  said  railroad,  if  necessary,  may  conveniently 
pass  under  or  over  the  same,  and  erect  such  gate  or  gates  thereon, 
as  may  be  necessary  for  the  safety  of  travellers  on  said  turnpike, 
railroad,  highway,  or  private  way. 

21 


242  FRANKLIN   AND    KENNEBEC   RAILROAD    COMPANY. 

Sect.  9.  Said  railroad  corporation  shall  constantly  maintain  in 
good  repair  all  bridges,  with  their  abutments  and  embankments, 
which  they  may  construct,  for  the  purpose  of  conducting  their  rail- 
road over  any  canal,  turnpike,  highway,  or  private  way,  or  for 
constructing  such  private  way  or  turnpike  over  said  railroad. 

Sect.  10.  If  said  road,  shall  in  the  course  thereof  cross  any 
lakes,  ponds,  rivers  or  streams,  the  said  corporation  are  hereby 
authorized  and  empowered  to  erect,  for  the  safe  and  exclusive  travel 
on  their  said  railroad,  a  bridge  across  each  of  said  rivers,  lakes, 
ponds,  or  streams. 

Sect.  11.  Said  railroad  corporation  shall  erect  and  maintain 
substantial,  legal,  and  sufficient  fences  on  each  side  of  the  land 
taken  by  them  for  their  railroad,  where  the  same  passes  through 
enclosed  or  improved  lands,  or  lands  that  may  hereafter  be  im- 
proved, and  for  neglect  to  erect  and  maintain  such  fence,  said  cor- 
poration shall  be  liable  to  be  indicted  in  the  district  court  for  the 
county  where  such  fence  shall  be  insufficient,  and  to  be  fined  in 
such  sum  as  shall  be  adjudged  necessary  to  repair  the  same,  and 
such  fine  shall  be  expended  for  the  erection  or  repair  of  said  fence, 
under  the  direction  of  an  agent  appointed  by  the  court,  as  in  case 
of  fines  imposed  upon  towns  for  deficiency  of  highways. 

Sect.  12.  The  said  corporation  shall  at  all  times,  when  the  post- 
master-general shall  require  it,  be  holden  to  transport  the  mail  of 
the  United  States  from  and  to  such  place  or  places  on  said  road  as 
required,  for  a  fair  and  reasonable  compensation.  And  in  case 
the  corporation  and  the  postmaster-general  shall  be  unable  to  agree 
upon  the  compensation  aforesaid,  the  legislature  of  the  State  shall 
determine  the  same.  And  said  corporation,  after  they  shall  com- 
mence receiving  tolls,  shall  be  bound  at  all  times,  to  have  said 
railroad  in  good  repair  and  a  suitable  number  of  suitable  engines, 
carriages  and  vehicles  for  the  transportation  of  persons  and  arti- 
cles, and  be  obliged  to  receive  at  all  proper  times  and  places,  and 
convey  the  same  when  the  appropriate  tolls  therefor  shall  be  paid 
and  tendered  ;  and  a  lien  is  hereby  created  on  all  articles  trans- 
ported for  said  tolls.  And  the  said  corporation,  fulfilling  on  its 
part  all  and  singular  the  obligations  and  duties  by  this  section  en- 
joined and  imposed  upon  it,  shall  not  be  held  or  bound  to  allow  any 
engine,  locomotive,  cars,  carriages  or  other  vehicle  for  the  trans- 
portation of  persons,  or  merchandise,  to  pass  over  said  railroad, 
other  than  its  own,  furnished  and  provided  for  that  purpose  as 
herein  enjoined  and  required.     Provided,  however,  that  said  corpo- 


MAINE.  243 

ration  shall  be  under  obligations  to  transport  over  said  road,  in 
connection  with  their  own  trains,  the  passenger  and  other  cars  of 
any  other  incorporated  company,  that  may  hereafter  construct  a 
railroad  connecting  with  that  hereby  authorized,  such  other  com- 
pany being  subject  to  all  the  provisions  of  the  sixth  and  seventh 
sections  of  this  Act,  as  to  rates  of  toll  and  all  other  particulars 
enumerated  in  said  sections. 

Sect.  13.  If  any  person  shall  wilfully  and  maliciously,  or  wan- 
tonly and  contrary  to  law,  obstruct  the  passage  of  any  carriage  on 
said  railroad,  or  in  any  way  spoil,  injure  or  destroy  said  railroad, 
or  any  part  thereof,  or  any  thing  belonging  thereto,  or  any  mate- 
rials, or  implements  to  be  employed  in  the  construction  or  for  the 
use  of  said  road,  he,  she,  or  they,  or  any  person  or  persons  assist- 
ing, aiding,  or  abetting  such  trespass,  shall  forfeit  and  pay  to  said 
corporation  for  every  such  offence,  treble  such  damages  as  shall  be 
proved  before  the  justice,  court,  or  jury,  before  whom  the  trial  shall 
be  had  ;  to  be  sued  for  before  any  justice,  or  in  any  court  proper  to 
try  the  same,  by  the  treasurer  of  the  corporation,  or  other  officer 
whom  they  may  direct,  to  the  use  of  said  corporation.  And  such 
ofiender  or  offenders  shall  be  hable  to  indictment,  by  the  grand 
jury  of  the  county  within  which  trespass  shall  have  been  commit- 
ted, for  any  offence  or  offences  contrary  to  the  above  provisions, 
and  upon  conviction  thereof  before  any  court  competent  to  try  the 
same,  shall  pay  a  fine  not  exceeding  five  hundred  dollars  to  the 
use  of  the  State,  or  may  be  imprisoned  for  a  term,  not  exceeding 
five  years,  at  the  discretion  of  the  court  before  whom  such  convic- 
tion may  be  had. 

Sect.  14.  Said  corporation  shall  keep  in  a  book  for  that  purpose, 
a  regular  account  of  all  their  disbursements,  expenditures,  and  re- 
ceipts, and  the  books  of  said  corporation  shall  at  all  times  be  open 
to  the  inspection  of  the  governor  and  council  and  of  any  commit- 
tee duly  authorized  by  the  legislature,  and  at  the  expiration  of 
every  year,  the  treasurer  of  said  corporation  shall  make  an  exhibit, 
under  oath,  to  the  legislature,  of  the  net  profits,  derived  from  the 
income  of  said  railroad. 

Sect.  15.  All  real  estate  purchased  by  said  corporation  for  the 
use  of  the  same,  under  the  fifth  section  of  this  Act,  shall  be  tax- 
able to  said  corporation  by  the  several  towns,  cities,  and  planta- 
tions in  which  said  lands  lie,  in  the  same  manner  as  lands  owned 
by  private  persons,  and  shall  in  the  valuation  list,  be  estimated  the 
same  as  other  real  estate  of  the  same  quality,  in  such  city,  town  or 


244  FRANKLIN   AND   KENNEBEC   RAILROAD    COMPANY. 

plantation,  and  not  otherwise,  and  the  shares  owned  by  the  respect- 
ive stockholders  shall  be  deemed  personal  estate,  and  be  taxable 
as  snch  to  the  owners  thereof,  in  the  places  where  they  reside  and 
have  their  homes.  And  whenever  the  net  income  of  said  corpora- 
tion shall  have  amounted  to  ten  per  centum  per  annum  upon  the 
cost  of  the  road,  and  its  appendages,  and  incidental  expenses,  the 
directors  shall  make  a  special  report  of  the  fact  to  the  legislature; 
from  and  after  which  tnne,  one  moiety  or  such  other  portion  as  the 
legislature  may  from  time  to  time  determine  of  the  net  income  of 
said  railroad  accruing  thereafter,  over  and  above  ten  per  centum 
per  annum  first  to  be  paid  to  the  stockholders,  shall  annually  be 
paid  over  by  the  treasurer  of  said  corporation  as  a  tax  into  the 
treasury  of  the  State,  for  the  use  of  the  State.  And  the  State  may 
have  and  maintain  an  action  against  said  corporation  therefor  to 
recover  the  same.  But  no  other  tax  than  herein  is  provided,  shall 
ever  be  levied  or  assessed  on  said  corporation,  or  any  of  their  priv- 
ileges or  franchises. 

Sect.  16.  The  annual  meeting  of  the  members  of  said  corpora- 
tion shall  be  holden  on  the  first  Monday  in  August  or  such  other 
day  as  shall  be  determined  by  the  by-laws,  at  such  time  and  place 
as  the  directors  for  the  time  being  shall  appoint,  at  which  meeting 
the  directors  shall  be  chosen  by  ballot,  each  proprietor  by  himself 
or  proxy,  being  entitled  to  as  many  votes  as  he  holds  shares.  And 
the  directors  are  hereby  authorized  to  call  special  meetings  of  the 
stockholders  whenever  they  shall  deem  it  expedient  and  proper, 
giving  such  notice  as  the  corporation  by  their  bj'-laws  shall  direct. 

Sect.  17.  The  legislature  shall  at  all  times  have  the  right  to  in- 
quire into  the  doings  of  the  corporation,  and  into  the  manner  in 
which  the  privileges  and  franchises,  herein  and  hereby  granted 
may  have  been  used  and  employed  by  said  corporation.  And  to 
correct  and  prevent  all  abuses  of  the  same,  and  to  pass  any  laws 
imposing  fines  and  penalties  upon  said  corporation,  which  may  be 
necessary  more  effectually  to  compel  a  compliance  with  the  pro- 
visions, liabilities  and  duties  hereinbefore  set  forth  and  enjoined, 
but  not  to  impose  any  other  or  further  duties,  liabilities  or  obliga- 
tions; and  this  charter  shall  not  be  revoked,  annulled,  altered, 
limited  or  restrained,  without  the  consent  of  the  corporation,  ex- 
cept by  due  process  of  law. 

Sect.  18.  If  the  said  corporation  shall  not  have  been  organized, 
and  the  location  according  to  actual  survey  of  the  route  filed  with 
the  county  commissioners  of  the  counties  through  which  the  same 


MAINE.  245 

shall  pass,  on  or  before  the  thirty-first  day  of  December,  in  the 
year  of  our  Lord  one  thousand  eight  hundred  and  fifty-two,  or  if 
the  said  corporation  shall  fail  to  complete  said  railroad  on  or  before 
the  thirty-first  day  of  December,  in  the  year  of  our  Lord  one 
thousand  eight  hundred  and  sixty,  in  either  of  the  above-mentioned 
cases,  this  Act  shall  be  null  and  void.     Approved^  July  31,  1847. 

Laws  of  1848,  Chap.  125. 

An  Act  in  addition  to  "  an  Act  to  establish  the  Franklin  and  Kennebec  Railroad 

Company." 

Be  it  enacted^  ^c.  That  the  first  section  of  an  Act  entitled 
"  an  Act  to  establish  the  Franklin  and  Kennebec  Railroad  Com- 
pany," approved  July  thirty-first,  eighteen  hundred  and  forty- 
seven,  is  hereby  amended  by  inserting  between  the  words  "Sidney 
and  Augusta,"  where  they  occur  in  said  section,  the  words  Rome 
and  Mercer.     Ajjproved,  July  22,  1848. 


BARING    AND    BOG    BROOK    RAILWAY    COMPANY. 
INCORPORATED    IN    MAINE    IN    1847. 

Chapter  87  of  the  Special  Laws  of  1847  contains  the  Charter. 

Sect.  1  grants  corporate  powers,  subject  to  the  laws  concerning  Railroad  Corpora- 
tions. 

Sect.  2  describes  the  route,  and  authorizes  them  to  construct  depots  and  other 
buildings. 

Sect.  3  empowers  them  to  hold  property,  real  and  personal,  to  the  amount  of  seventy- 
iive  thousand  dollars. 

Sect.  4  grants  a  toll,  to  be  regulated  by  the  Directors  and  subject  to  the  control  of 
the  Legislature. 

Sect.  5  establishes  the  mode  of  organization. 

Sect.  6  requires  that  the  road  shall  be  completed  in  five  years  from  the  passage  of 
this  Act,  or  this  Act  shall  be  void. 


L.\ws  OP  1847,  Chap.  87. 
An  Act  to  incorporate  the  Baring  and  Bog  Brook  Railway  Company. 

Sect.  1.  Be  it  enacted,  ^'c.  That  John  Stickney,   George  M. 
Chase,  Horatio  N.  Hill,  Samuel  T.  King,  John  Porter,  Robert 

21  * 


246  BARING   AND    BOG   BROOK   RAILWAY   COMPANY  . 

Stickney,  John  P.  McAllester,  Seth  Emerson,  D.  K.  Chase,  John 
PoUeys,  George  Pierce,  Ebenezer  Pratt,  Albert  Stinson,  Sumner 
W.  Farnham,  WilHam  P.  Trott,  L.  E.  McKusick,  WiUiam  A. 
Gould,  Noah  McKusick,  James  Sargent,  John  J.  Russell,  their 
associates,  successors,  and  assigns,  are  hereby  created  and  made  a 
body  politic  and  corporate  by  the  name  of  the  Baring  and  Bog 
Brook  Railway  Company,  with  all  the  powers  and  privileges  and 
subject  to  all  the  duties  and  liabilities  provided  in  the  laws  of  this 
State  concerning  railroad  corporations. 

Sect.  2.  The  said  corporation  shall  have  power  to  construct  a 
railroad,  between  the  still  water  in  the  mill  pond  at  Baring  and  the 
Schoodic  River  at  or  near  the  entrance  of  Bog  Brook  into  the  same, 
and  to  run  in  its  course  south  of  the  Magurawock  Mountain,  and 
may  erect  and  construct  all  such  buildings,  depots,  and  other  fix- 
tures as  may  be  necessary  to  carry  into  full  effect  and  operation 
the  intentions  of  this  Act. 

Sect.  3.  Said  corporation  may  hold  by  lease,  grant,  or  purchase 
any  estate,  real  or  personal  or  mixed,  not  exceeding  at  any  one 
time  the  sum  of  seventy-five  thousand  dollars. 

Sect.  4.  A  toll  is  hereby  granted  for  the  sole  benefit  of  said  cor- 
poration, upon  all  passengers  and  property  of  all  descriptions  which 
may  be  conveyed  or  transported  upon  said  road.  The  said  toll  to 
be  fixed  by  the  board  of  directors  and  subject  at  all  times  to  the 
control  of  the  legislature. 

Sect.  5.  Any  three  of  the  persons  named  in  this  bill  may  call 
the  first  meeting  of  this  company,  by  giving  notice  therefor  in  some 
public  newspaper  printed  in  Calais,  at  least  three  weeks  prior  to 
the  time  of  said  meeting,  and  said  meeting  may  proceed  to  organ- 
ize said  corporation,  choose  its  officei^s  and  do  any  other  business 
necessary  for  the  management  of  their  concerns. 

Sect.  6.  That  unless  said  corporation  shall  complete  said  rail- 
road within  five  years  from  the  passage  of  this  Act,  this  Act  shall 
be  null  and  void.     Approved,  August  2,  1847. 


BANGOR   AND    ORONO    RAILROAD    COMPANY. 

INCORPORATED    IN    MAINE    IN    1847. 

Chapter  89  of  the  Special  Laics  of  1847  contains  the  Charter. 

Sect,  1  grants  corporate  powers,  and  describes  the  location,  authorizing  them  to  lay 
one  or  more  sets  of  rails,  and  pro^dding  that  thej"  shall  not  extend  the  road  into 


MAINE.  247 

the  streets  of  Bangor  without  the  consent  of  the  city  council ;  it  empowers  them 
to  take  and  hold  sufficient  real  estate  for  the  purposes  of  the  road,  not  exceeding 
six  rods  in  width  except  when  necessary  for  excavations  or  embankments,  and  to 
fell  or  remove  trees,  within  four  rods  of  the  road,  likely  to  obstruct  it,  paying 
therefor  damages,  if  not  agreed  upon,  to  be  assessed  by  the  County  Commission- 
ers ;  this  grant  is  made  subject  to  the  provisions  of  Chapter  81  of  the  Revised 
Statutes,  when  not  inconsistent  with  its  express  terms. 

Sect.  2  authorizes  the  guardian  of  an  infant  or  person  no7i  compos  mentis,  a  feme 
covert,  whose  husband  is  under  guardianship,  and  his  guardian,  to  release  claims 
for  land  damages. 

Sect.  3  provides  that  the  capital  stock  shall  consist  of  not  less  than  1000  nor  more 
than  4000  shares,  vests  the  government  in  five,  seven,  or  nine  directors,  and  pro- 
vides for  the  choice  of  officers  ;  it  directs  that  books  for  subscription  to  the  stock 
shall  be  opened  for  ten  days,  after  twenty  days'  public  notice,  and  if  the  shares 
subscribed  for  shall  exceed  4000,  they  shall  be  distributed  among  the  subscribers 
according  to  previous  regulations  ;  it  also  establishes  the  mode  of  organization. 

Sect.  4  empowers  them  to  make  by-laws  not  repugnant  to  the  laws  of  the  State. 

Sect.  5  defines  the  powers  and  duties  of  the  President  and  Directors,  authorizes 
them  to  make  equal  assessments  not  exceeding  $100  on  each  share,  and  to  sell 
shares  for  non-payment  of  assessments,  after  notice. 

Sect.  6  grants  a  toll,  to  be  regulated  by  the  Directors. 

Sect.  7  provides  that  any  other  company  may  be  authorized  to  connect  their  road, 
from  a  northerly,  easterly,  or  northwesterly  direction,  with  this  road,  and  that 
their  passengers  and  articles  shall  be  transported  on  this  road  at  the  rates  of  toll 
prescribed  for  this  road. 

Sect.  8  directs  the  mode  of  crossing  any  private  way,  highway,  canal,  or  turnpike  ; 
authorizes  them  to  raise  or  lower  any  private  way,  highway,  or  turnpike,  if  neces- 
sary, and  requires  them  to  erect  gates  thereon  for  the  safety  of  travellers. 

Sect.  9  provides  that  they  shall  maintain  all  bridges  on  such  crossings. 

Sect.  10  authorizes  them  to  erect,  for  their  sole  use,  bridges  on  navigable  waters,  so 
as  not  unnecessarily  to  impede  navigation. 

Sect.  11  requires  that  they  erect  and  maintain  substantial  fences  on  each  side  of 
improved  or  enclosed  lands  through  which  the  road  may  pass,  in  default  thereof 
being  liable  to  indictment  and  fine,  such  fine  to  be  appropriated  to  the  erection 
of  said  fences. 

Sect.  12  provides  that  they  shall  transport,  when  required,  the  IT.  S.  Mail,  for  a 
compensation,  if  not  agreed  upon,  to  be  fixed  by  the  Legislature ;  that  they 
shall,  after  commencing  to  receive  tolls,  keep  their  road  in  good  repair,  provide 
suitable  engines  and  cars,  and  transport  all  passengers  and  articles,  having  a  lien 
on  the  latter  for  freight ;  it  also  provides  that  they  shall  not  be  bound  to  allow 
other  engines  and  cars  to  run  on  this  road,  except  of  such  companies  as  may  con- 
nect their  road  with  this  road  under  sections  six  and  seven  of  this  Act. 

Sect.  13  enacts  that  any  person  wUfully  placing  obstructions  on  the  road,  or  injur- 
ing the  Company's  property,  or  any  materials,  or  implements  used  in  the  con- 
struction of  the  road,  shall  forfeit  to  the  Company  treble  the  amount  of  damages, 
to  be  recovered  in  an  action,  and  shall  be  liable  to  indictment  and  fine  or  imprison- 
ment. 

Sect.  14  requires  them  to  keep  books,  containing  the  receipts  and  expenditures  of 
the  road,  open  to  the  inspection  of  the  Governor  and  Council  and  a  committee  of 
the  Legislature,  and  at  the  end  of  each  year  the  Treasurer  shall  exhibit,  to  the 
Legislature  under  oath,  an  account  of  the  net  receipts  of  the  road. 


248  BANGOR   AND   ORONO   RAILROAD    COMPANY. 

Sect.  15  provides  that  all  real  estate  held  by  the  Corporation  shall  be  taxed  to  them 
where  it  is  situated,  and  shares  be  taxable,  as  personal  property,  to  the  holders  ; 
and  whenever  the  net  income  of  the  road  shall  equal  10  per  cent,  on  its  cost,  a 
report  thereof  shall  be  made  to  the  Legislature,  and  thereafterwards  one  half,  or 
such  proportion  as  the  Legislature  may  determine,  of  the  surplus  over  said  10  per 
cent,  shall  be  paid  in  to  the  State  Treasury  annually,  as  a  tax,  and  the  State  may 
maintain  an  action  therefor ;  but  no  other  tax  shall  be  levied  on  the  corporate 
property. 

Sect.  16  appoints  the  time  of  the  aim.ual  meeting,  when  directors  shall  be  chosen, 
and  authorizes  them  to  call  special  meetings,  if  necessary. 

Sect.  17  provides  that  the  Legislature  may  inquire  into  the  doings  of  the  Company, 
prevent  all  abuses,  and  pass  laws  imposing  penalties  ;  and  that  this  charter  shall 
not  be  altered  or  repealed,  without  the  consent  of  the  Company  or  by  due  process 
of  law. 

Sect.  18  enacts  that,  if  the  Corporation  shall  not  have  been  organized  and  the  loca- 
tion filed  on  or  before  December  31,  1852,  or  the  road  completed  on  or  before 
December  31,  1860,  this  Act  shall  be  void. 

Sect.  19  provides  that  nothing  contained  in  this  Act  shall  prevent  the  Bangor  and 
Piscataquis  Canal  and  Railroad  Company  from  building  a  road  parallel  to  this 
within  the  limits  therein  named. 


Laws  of  1847,  Chap.  89. 
An  Act  to  establish  the  Bangor  and  Orono  RaUroad. 

Sect.  1.  Be  it  enacted^  S^c.  That  Daniel  White,  Israel  Wash- 
burn, junior,  John  Bennock,  Nathaniel  Treat,  Asa  W.  Babcock, 
John  Goddard,  Ebenezer  Webster,  Wyman  B.  S.  Moor,  John  A. 
Poor,  Levi  Dennett,  John  B.  Hill,  Rufus  Dwinel,  Waldo  T.  Pierce, 
Elevator  P.  Butler,  Samuel  P.  Strickland,  and  William  H.  McCrillis, 
their  associates,  successors,  and  assigns,  are  hereby  made  and  con- 
stituted a  body  politic  and  corporate  by  the  name  of  the  Bangor 
and  Orono  Railroad  Company,  and  by  that  name  may  sue  and  be 
sued ;  plead  and  be  impleaded ;  and  shall  have  and  enjoy  all  pro- 
per remedies  at  law  and  in  equity,  to  secure  and  protect  them  in 
the  exercise  and  use  of  the  rights  and  privileges,  and  in  the  per- 
formance of  the  duties  hereinafter  granted  and  enjoined,  and  to 
prevent  all  invasion  thereof  or  interruption  in  exercising  and  per- 
forming the  same.  And  the  said  corporation  are  hereby  authorized 
and  empowered  to  locate,  construct,  and  finally  complete,  alter,  and 
keep  in  repair  a  railroad  with  one  or  more  sets  of  rails,  or  tracks, 
with  all  suitable  bridges,  tunnels,  viaducts,  turnouts,  culverts, 
drains,  and  branches  leading  to  any  mill  or  mills  situated  on  the 
Penobscot  River  in  Bangor  and  the  Penobscot  and  Stillwater 
Rivers  in  Orono,  and  all  other  necessary  appendages,  from  some 


MAINE.  249 

point  in  the  city  of  Bangor,  at  or  near  the  month  of  the  Kendus- 
keag  stream,  to  the  village  of  Stillwater,  in  the  town  of  Orono ; 
and  said  corporation  may  by  their  directors,  determine  the  termi- 
nating points  of  said  railroad  in  Bangor  and  Orono,  and  may 
cause  the  same  to  be  located  and  constructed  on  such  route  as  the 
said  directors,  in  the  exercise  of  their  judgment  and  discretion, 
shall  judge  most  favorable  and  best  calculated  to  promote  the  pub- 
lic convenience  and  carry  into  effect  the  intentions  and  purposes  of 
this  Act :  Provided,  hoicever,  that  said  company  shall  not  extend 
their  road  into  any  of  the  streets  of  the  city  of  Bangor,  without 
first  having  the  consent  of  the  city  council.  And  said  corporation 
shall  be  and  hereby  are  invested  with  all  the  powers,  privileges, 
and  inmiunities,  which  are  or  may  be  necessary  to  carry  into  effect 
the  purposes  and  objects  of  this  Act  as  herein  set  forth.  And  for 
this  purpose,  said  corporation  shall  have  the  right  to  purchase  or  to 
take  and  hold  so  much  of  the  land  and  other  real  estate  of  private 
persons  and  corporations  as  may  be  necessary  for  the  location, 
construction,  and  convenient  operation  of  said  railroad  ;  and  they 
shall  also  have  the  right  to  take,  remove,  and  use,  for  the  con- 
struction and  repair  of  said  railroad,  and  appurtenances,  any 
earth,  gravel,  stone,  timber,  or  other  materials,  on  or  from  the 
lands  so  taken ;  provided,  hoivever,  that  said  land,  so  taken,  shall 
not  exceed  six  rods  in  width,  except  where  greater  width  is  neces- 
sary for  the  purpose  of  excavation  or  embankment;  and  jirovided, 
also,  that  said  corporation  shall  pay  for  said  lands,  estate,  or  mate- 
rials so  taken  and  used,  such  price  as  they  and  the  owners  thereof 
may  mutually  agree  on  ;  and  in  case  said  parties  shall  not  other- 
wise agree,  then  said  corporation  shall  pay  such  damages  as  shall 
be  ascertained  and  determined  by  the  county  commissioners  for  the 
county  where  such  land  or  other  property  may  be  situated,  in  the 
same  manner  and  under  the  same  conditions  and  limitations  as  are 
by  law  provided  in  the  case  of  damages  by  the  laying  out  of  high- 
ways. And  the  land  so  taken  by  said  corporation  shall  be  held 
as  lands  taken  and  appropriated  for  public  highways.  And  no 
application  to  said  commissioners  shall  be  sustained,  unless  made 
wnthin  three  years  from  the  time  of  taking  such  land  or  other  prop- 
erty :  and  in  case  such  railroad  shall  pass  through  any  woodlands 
or  forests,  the  said  company  shall  have  the  right  to  fell  or  remove 
any  trees  standing  therein  within  four  rods  from  such  road,  which 
by  their  liability  to  be  blown  down  or  from  their  natural  falling 
might  obstruct  or  impair  said  railroad,  by  paying  a  just  compensa- 


250  BANGOR  AND   ORONO   RAILROAD   COMPANY. 

tion  therefor,  to  be  recovered  in  the  same  manner  as  is  provided 
for  the  recovery,  of  other  damages  in  this  Act.  And  furthermore 
said  corporation  shall  have  all  the  powers,  privileges,  and  immuni- 
ties, and  be  subject  to  all  the  duties  and  liabilities  provided  and 
prescribed,  respecting  railroads,  in  chapter  eighty-one  of  the  Re- 
\4sed  Statutes,  not  inconsistent  with  the  express  provisions  of  this 
charter. 

Sect.  2.  When  said  corporation  shall  take  any  land  or  other 
estate  as  aforesaid  of  any  infant,  person  non  compos  me?itis,  or 
feme  covert  whose  husband  is  under  guardianship,  the  guardian 
of  such  infant  or  person  iio?i  compos  mentis^  and  such  feme  covert 
with  the  guardian  of  her  husband,  shall  have  full  power  and 
authority  to  agree  and  settle  with  such  corporation  for  damages  or 
claims  for  damages  by  reason  of  taking  such  land  and  estate  afore- 
said, and  give  good  and  valid  releases  and  discharges  therefor. 

Sect.  3.  The  capital  stock  of  said  corporation  shall  consist  of 
not  less  than  one  thousand  nor  more  than  four  thousand  shares ; 
and  the  immediate  government  and  direction  of  the  affairs  of  said 
corporation  shall  be  vested  in  five,  seven,  or  nine  directors,  who 
shall  be  chosen  by  the  members  of  said  corporation  in  the  manner 
hereinafter  provided,  and  shall  hold  their  offices  until  others  shall 
have  been  duly  elected  and  qualified  to  take  their  places,  a  majority 
of  whom  shall  form  a  quorum  for  the  transaction  of  business  ;  and 
they  shall  elect  one  of  their  number  to  be  president  of  the  board, 
who  shall  also  be  president  of  the  corporation,  and  shall  have 
authority  to  choose  a  clerk  who  shall  be  sworn  to  the  faithful  dis- 
charge of  his  duty ;  and  a  treasurer,  who  shall  be  sworn  and  also 
give  bonds  to  the  corporation  with  sureties  to  the  satisfaction  of 
the  directors,  in  a  sum  not  less  than  fifteen  thousand  dollars,  for 
the  faithful  discharge  of  his  trust.  And  for  the  purpose  of  receiv- 
ing subscriptions  to  the  said  stock,  books  shall  be  opened  under 
the  direction  of  the  persons  named  in  the  first  section  of  this  Act, 
in  the  city  of  Bangor  and  the  towns  of  Orono  and  Oldtown,  in  this 
State,  and  the  city  of  Boston,  in  Massachusetts,  and  elsewhere  as 
they  shall  appoint,  to  remain  open  for  ten  successive  days,  of 
which  time  and  place  of  subscription  public  notice  shall  be  given 
in  some  newspaper  printed  in  Bangor  and  Boston,  twenty  days  at 
least  previous  to  opening  such  subscription ;  and  in  case  the 
amount  subscribed  shall  exceed  four  thousand  shares,  the  same 
shall  be  distributed  among  all  the  subscribers  according  to  such 
regulations,  as  the  persons  having  charge  of  the  opening  of  the  sub- 


MAINE.  251 

scription  books  shall  prescribe  before  the  opening  of  said  books. 
And  any  five  of  the  persons  named  in  the  first  section  of  this  Act 
are  hereby  authorized  to  call  the  first  meeting  of  said  corporation, 
by  giving  notice  in  one  or  more  newspapers  published  in  the  cities 
last  above  named,  of  the  time  and  place  and  the  purposes  of  such 
meeting,  at  least  twenty  days  before  the  time  mentioned  in  such 
notice. 

Sect.  4.  Said  corporation  sliall  have  power  to  make,  ordain,  and 
establish  all  necessary  by-laws  and  regulations,  consistent  with  the 
constitution  and  laws  of  this  State,  for  their  own  government,  and 
for  the  due  and  orderly  conducting  of  their  affairs  and  the  manage- 
ment of  their  property. 

Sect.  5.  The  president,  and  directors  for  the  time  being,  are 
hereby  authorized  and  empowered,  by  themselves  or  their  agents, 
to  exercise  all  the  powers  herein  granted  to  the  corporation,  for  the 
purpose  of  locating,  constructing,  and  completing  said  railroad,  and 
for  the  transportation  of  persons,  goods,  and  property,  of  all  de- 
scriptions, and  all  such  powers  and  authority  for  the  management 
of  the  affairs  of  the  corporation,  as  may  be  necessary  and  proper  to 
carry  into  effect  the  objects  of  this  grant ;  to  purchase  and  hold 
within  or  without  the  State,  land,  materials,  engines,  and  cars,  and 
other  necessary  things,  in  the  name  of  the  corporation,  for  the  use 
of  said  railroad  and  for  the  transportation  of  persons,  goods,  and 
property  of  all  descriptions  ;  to  make  such  equal  assessments  from 
time  to  time  on  all  the  shares  in  said  corporation,  as  they  may 
deem  expedient  and  necessary  in  the  execution  and  progress  of  the 
work,  and  direct  the  same  to  be  paid  to  the  treasurer  of  the  corpo- 
ration. And  the  treasurer  shall  give  notice  of  all  such  assessments, 
and  in  case  any  subscriber  or  stockholder  shall  neglect  to  pay  any 
assessment  on  his  share  or  shares,  for  the  space  of  thirty  days  after 
such  notice  is  given  as  shall  be  prescribed  by  the  by-laws  of  said 
corporation,  the  directors  may  order  the  treasuTer  to  sell  such  share 
or  shares,  at  public  auction,  after  giving  notice  as  may  be  prescribed 
as  aforesaid,  to  the  highest  bidder,  and  the  same  shall  be  trans- 
ferred to  the  purchaser ;  and  such  delinquent  subscriber  or  stock- 
holder shall  be  held  accountable  to  the  corporation  for  the  balance, 
if  his  share  or  shares  shall  sell  for  less  than  the  assessments  due 
thereon,  with  the  interest  and  costs  of  sale  ;  and  shall  be  entitled  to 
the  overplus,  if  his  share  or  shares  shall  sell  for  more  than  the  as- 
sessments due  with  the  interest  and  costs  of  sale;  provided^  hoivever, 
that  no  assessment  shall  be  laid  upon  any  share  in  said  corporation, 
of  a  greater  amount  in  the  whole  than  one  hundred  dollars. 


252  BANGOR   AND    ORONO   RAILROAD    COMPANY. 

Sect.  6.  A  toll  is  hereby  granted  and  established,  for  the  sole 
benefit  of  said  corporation,  upon  all  passengers  and  property  of  all 
descriptions  which  may  be  conveyed  or  transported  by  them  upon 
said  road,  at  such  rate  as  may  be  agreed  upon  and  established 
from  time  to  time,  by  the  directors  of  said  corporation  ;  —  the  trans- 
portation of  persons  and  property,  the  construction  of  wheels,  the 
forms  of  cars  and  carriages,  the  weights  of  loads,  and  all  other 
matters  and  things  in  relation  to  said  road,  shall  be  in  conformity 
with  such  rules,  regulations,  and  provisions,  as  the  directors  shall 
from  time  to  time  prescribe  and  direct. 

Sect.  7.  The  legislature  may  authorize  any  other  company  or 
companies  to  connect  any  other  railroad  or  railroads  with  the  rail- 
road of  said  corporation,  coming  from  a  northerly,  easterly,  or 
northwesterly  direction  ;  and  said  corporation  shall  receive  and 
transport  all  persons,  goods,  and  property  of  all  descriptions,  which 
may  be  carried  and  transported  to  the  railroad  of  such  corporation 
on  such  other  railroads  as  may  hereafter  be  authorized  to  be  con- 
nected therewith,  at  the  same  rates  of  toll  and  freight  as  may  be 
prescribed  by  said  corporation ;  so  that  the  rates  of  toll  and  freight 
on  such  passengers  and  goods  and  other  property  as  may  be  re- 
ceived from  such  other  railroads,  so  connected  with  said  railroad 
as  aforesaid,  shall  not  exceed  the  general  rates  of  freight  and  toll 
on  said  railroad,  received  for  freight  and  passengers  at  any  of  the 
deposits  of  said  corporation. 

Sect.  S.  If  the  said  railroad  in  the  course  thereof  shall  cross 
any  private  way,  the  said  corporation  shall  so  construct  said  rail- 
road, as  not  to  obstruct  the  safe  and  convenient  use  of  such  private 
way ;  and  if  the  said  road  shall  in  the  course  thereof  cross  any 
canal,  turnpike,  railroad,  or  other  highway,  the  said  railroad  shall 
be  so  constructed  as  not  to  obstruct  the  safe  and  convenient  use  of 
such  canal,  turnpike,  or  other  highway;  and  the  said  railroad 
shall  have  power  to  r^ise  or  lower  such  turnpike,  highway,  or  pri- 
vate way,  so  that  said  railroad,  if  necessary,  may  conveniently 
pass  over  or  under  the  same,  and  erect  such  gate  or  gates  thereon 
as  may  be  necessary  for  the  safety  of  travellers  on  said  turnpike, 
railroad,  highway,  or  private  way. 

Sect.  9.  Said  railroad  shall  constantly  maintain  in  good  repair 
all  bridges,  with  their  abutments  and  embankments,  which  they 
may  constrnct  for  the  purpose  of  conducting  their  railroad  over 
any  canal,  turnpike,  highway,  or  private  way,  or  for  conducting 
such  private  way  or  turnpike  over  their  railroad. 

Sect,  10.  If  said  railroad  shall  in  the  course  thereof,  cross  any 


MAINE.  253 

tide  waters,  navigable  rivers,  or  streams,  the  said  corporation  are 
hereby  authorized  and  empowered  to  erect  for  the  sole  and  exclu- 
sive travel  on  their  said  road,  a  bridge  across  each  of  said  rivers 
or  streams,  or  across  any  such  tide  waters ;  provided,  said  bridge 
or  bridges  shall  be  so  constructed  as  not  unnecessarily  to  obstruct 
or  impede  the  navigation  of  said  waters. 

Sect.  11.  Said  railroad  corporation  shall  erect  and  maintain 
substantial,  legal,  and  sufficient  fences  on  each  side  of  the  land 
taken  by  them  for  their  railroad,  where  the  same  passes  through 
enclosed  or  improved  lands,  or  lands  that  may  hereafter  be  im- 
proved ;  and  for  neglect  or  failure  to  erect  and  maintain  such  fence, 
said  corporation  shall  be  liable  to  be  indicted  in  the  district  court 
for  the  county  where  such  fence  shall  be  insufficient,  and  shall  be 
fined  in  such  sum  as  shall  be  adjudged  necessary  to  repair  the 
same,  and  such  fine  shall  be  expended  for  the  erection  or  repair  of 
said  fence  under  the  direction  of  an  agent  appointed  by  said  court, 
as  in  case  of  fines  imposed  upon  towns  for  deficiency  of  highways. 

Sect.  12.  The  said  corporation  shall  at  all  times  when  the  post- 
master-general shall  require  it,  be  holden  to  transport  the  mail  of 
the  United  States,  from  and  to  such  place  or  places  on  said  road 
as  required,  for  a  fair  and  reasonable  compensation.  And  in  case 
the  corporation  and  the  postmaster-general  shall  be  unable  to  agree 
upon  the  compensation  aforesaid,  the  legislature  of  the  State  shall 
determine  the  same.  And  said  corporation,  after  they  shall  com- 
mence the  receiving  of  tolls,  shall  be  bound  at  all  times  to  have  said 
railroad  in  good  repair  and  a  sufficient  number  of  suitable  engines, 
carriages,  and  vehicles  for  the  transportation  of  persons  and  arti- 
cles, and  be  obliged  to  receive  at  all  proper  times  and  places  and 
convey  the  same,  when  the  appropriate  tolls  therefor  shall  be  paid 
or  tendered  ;  and  a  lien  is  hereby  created  on  all  articles  transported 
for  said  tolls.  And  the  said  corporation,  fulfilling  on  its  part  all  and 
singular  the  several  obligations  and  duties  by  this  section  imposed 
and  enjoined  upon  it,  shall  not  be  held  or  bound  to  allow  any 
engine,  locomotive,  cars,  carriages,  or  other  vehicle  for  the  trans- 
portation of  persons  or  merchandise  to  pass  over  said  railroad  other 
than  its  own  furnished  and  provided  for  that  purpose,  as  herein 
enjoined  and  required  :  Provided,  however,  that  said  corporation 
shall  be  under  obligation  to  transport  over  said  road  in  connection 
with  their  own  trains,  the  passenger  and  any  other  cars  of  any 
other  incorporated  company  that  may  hereafter  construct  a  rail- 
road connecting  with  that  hereby  authorized,  such  other  company 

22 


254  BANGOR   AND    ORONO    RAILROAD    COMPANY. 

being  subject  to  all  the  provisions  of  the  sixth  and  seventh  sections 
of  this  Act,  as  to  rates  of  toll  and  all  other  particulars  enumerated 
in  said  sections. 

Sect.  13.  If  any  person  shall  wilfully  and  maliciously  or  wan- 
tonly and  contrary  to  law  obstruct  the  passage  of  any  carriage  on 
said  railroad,  or  in  any  way  spoil,  destroy,  or  injure  said  railroad 
or  any  part  thereof,  or  any  thing  belonging  thereto,  or  any  mate- 
rial or  implements  to  be  employed  in  the  construction  or  for  the 
use  of  said  road,  he,  she,  or  they,  or  any  person  or  persons  assist- 
ing, aiding,  or  abetting  such  trespass,  shall  forfeit  and  pay  to  said 
corporation  for  every  such  offence,  treble  such  damages  as  shall  be 
proved  before  the  justice,  court,  or  jury  before  whom  the  trial  shall 
be  had  ;  to  be  sued  for  before  any  justice  or  in  any  court  proper  to 
try  the  same,  by  the  treasurer  of  the  corporation,  or  other  officer 
whom  they  may  direct,  to  the  use  of  said  corporation.  And  such 
offender  or  offenders  shall  be  liable  to  indictment  by  the  grand 
jury  of  the  county  within  which  the  trespass  shall  have  been  com- 
mitted, for  any  offence  or  offences  contrary  to  the  above  provisions, 
and  upon  conviction  thereof  before  any  court  competent  to  try  the 
same,  shall  pay  a  fine  not  exceeding  five  hundred  dollars  to  the 
use  of  the  State,  or  may  be  imprisoned  for  a  term  not  exceeding 
five  years,  at  the .  discretion  of  the  court  before  whom  such  con- 
viction may  be  had. 

Sect.  14.  Said  corporation  shall  keep  in  a  book  for  that  pur- 
pose, a  regular  account  of  all  their  disbursements,  expenditures, 
and  receipts,  and  the  books  of  said  corporation  shall  be  open  at  all 
times  to  the  inspection  of  the  governor  and  council  and  of  any 
committee  duly  authorized  by  the  legislature ;  and  at  the  expiration 
of  every  year  the  treasurer  of  said  corporation  shall  make  an  ex- 
hibit, under  oath,  to  the  legislature  of  the  net  profits  derived  from 
the  income  of  said  road. 

Sect.  15.  All  real  estate  purchased  by  said  corporation  for  the 
use  of  the  same  under  the  fifth  section  of  this  Act  shall  be  taxable 
to  the  said  corporation  by  the  several  towns,  cities,  and  plantations 
in  which  said  lands  may  lie,  in  the  same  manner  as  lands  owned 
by  private  persons,  and  shall  in  the  valuation  list  be  estimated  the 
same  as  other  real  estate  of  the  same  quality  in  such  town,  city, 
or  plantation,  and  not  otherwise ;  and  the  shares  owned  by  the 
respective  stockholders  shall  be  deemed  personal  estate  and  be  tax- 
able as  such  to  the  owners  thereof,  in  the  places  where  they  reside 
and  have  their  homes.     And  whenever  the  net  income  of  said  cor- 


MAINE.  255 

poration  shall  have  amounted  to  ten  per  centum  per  annum,  upon 
the  cost  of  the  road,  and  its  appendages  and  incidental  expenses, 
the  directors  sliall  make  a  special  report  of  the  fact  to  the  legisla- 
ture ;  from  and  after  which  time  one  moiety  or  such  other  portion 
as  the  legislature  may  from  time  to  time  determine  of  the  net 
income  from  said  railroad,  accruing  thereafter  over  and  above  ten 
per  centum  per  annum  first  to  be  paid  to  the  stockholders,  shall  be 
annually  paid  over  by  the  treasurer  of  said  corporation  as  a  tax, 
into  the  treasury  of  the  State  for  the  use  of  the  State.  And  tlie 
State  may  have  and  maintain  an  action  against  said  corporation  to 
recover  the  same.  But  no  other  tax  than  is  herein  provided  shall 
ever  be  levied  or  assessed  on  said  corporation  or  any  of  their  privi- 
leges or  franchises. 

Sect.  16.  The  annual  meeting  of  the  members  of  said  corpora- 
tion shall  be  holden  on  the  second  Monday  in  January,  or  such 
other  day  as  shall  be  determined  by  the  by-laws,  at  such  time  and 
place  as  the  directors  for  the  time  behig  shall  appoint,  at  which 
meeting  the  directors  shall  be  chosen  by  ballot,  each  proprietor  by 
himself  or  by  proxy  being  entitled  to  as  many  votes  as  he  holds 
shares.  And  the  directors  are  hereby  authorized  to  call  special 
meetings  of  the  stockholders  whenever  they  shall  deem  it  expedi- 
ent and  proper,  giving  such  notice  as  the  corporation  by  their  by- 
laws shall  direct. 

Sect.  17.  The  legislature  shall  at  all  times  have  the  right  to 
inquire  into  the  doings  of  the  corporation,  and  into  the  manner  in 
which  the  privileges  and  franchises  herein  and  hereby  granted 
may  have  been  used  and  employed  by  said  corporation,  and  to 
correct  and  prevent  all  abuses  of  the  same,  and  to  pass  any  laws 
imposing  fines  and  penalties  upon  said  corporation  which  may  be 
necessary  more  elfectually  to  compel  a  compliance  with  the  provi- 
sions, liabilities,  and  duties  hereinbefore  set  forth  and  enjoined,  but 
not  to  impose  any  other  or  further  duties,  liabiUties,  or  obligations. 
And  this  charter  shall  not  be  revoked,  annulled,  altered,  limited, 
or  restrained,  without  the  consent  of  the  corporation,  except  by 
due  process  of  law. 

Sect.  18.  If  the  said  corporation  shall  not  have  been  organized, 
and  the  location  according  to  actual  servey  of  the  route  filed  with 
the  county  commissioners  of  the  county  or  counties  through  which 
the  same  shall  pass,  on  or  before  the  thirty-first  day  of  December, 
in  the  year  of  our  Lord  one  thousand  eight  hundred  and  fifty-two, 
or  if  the  said  corporation  shall  fail  to  complete  said  railroad  on  or 


256  KAILROAD    TO    THE   PACIFIC   COAST. 

before  the  thirty-first  day  of  December,  eighteen  hundred  and 
sixty,  in  either  of  the  above  mentioned  cases  this  Act  shall  be  null 
and  void. 

Sect.  19.  Nothing  herein  contained  shall  be  construed  as  pre- 
venting the  Bangor  and  Piscataquis  Canal  and  Raih'oad  Company 
from  building  a  road  parallel  to  this,  between  the  point  on  the 
Penobscot  River  where  any  branch  of  such  road  diverging  from 
the  Hathorn  Meadows,  (so  called,)  may  strike  the  same,  and  the 
Kenduskeag  Stream,  by  virtue  of  any  Act  authorizing  them  to  do 
so.     Approved,  August  2,  1847. 


RAILROAD    FROM    LAKE    MICHIGAN    TO    THE    PACIFIC    COAST. 

Chaj3.  7  of  the  Resolves  of  1847  contains  Resolves  respecting  a  Railroad  from  Lake 

Michigan  to  the  Pacific  Coast. 


Resolves  of  1847,  Chap.  7. 

Resolves  relating  to  the  construction  of  a  Railroad  from  Lake  ilichigan  to  the 

Pacific  Coast. 

Resolved,  That  a  railroad  from  Lake  Michigan  to  the  Pacific 
Coast,  is  highly  desirable,  and  if  practicable,  should  be  construct- 
ed. Such  a  work  would  open  a  vast  and  unbroken  wilderness  for 
improvement  and  cultivation  —  would  unite  and  bind  together  the 
people  of  the  Atlantic  and  Pacific  slopes,  by  connecting  their  inter- 
ests and  associations  —  would  extend  our  commerce,  advance  the 
welfare  of  our  manufactures,  and  elevate  the  dignity  of  man. 

Resolved,  That  in  our  opinion,  the  best  if  not  the  only  plan  by 
which  so  stupendous  a  work  can  be  accomplished,  is  to  approJ^riate 
and  set  apart  the  public  lands  along  the  line  of  the  same,  and  to 
pledge  the  proceeds  of  sale,  to  that  object,  thus  making  the  sale  and 
settlement  of  these  lands,  subservient  to  this  great  enterprise. 

Resolved,  That  this  plan  of  Asa  Whitney,  Esq.,  of  New  York, 
as  explained  by  himself,  meets  our  cordial  approval,  and  we  con- 
cur in  recommending  it. 

Resolved,  That  our  senators  and  representatives  in  congress  be 
requested  by  their  votes  and  acts  to  promote  said  object,  by  grant- 
ing the  right  and  power  to  Asa  Whitney,  Esq.,  to  construct  said 
road,  if  practicable,  and  to  pledge  the  public  lands  along  the  line 


MAINE.  257 

of  said  work,  to  erect  the  same  in  such  manner  as  will  promote 
and  secure  the  rights  and  interests  of  the  whole  Union,  and  best 
serve  to  accomplish  the  desired  results. 

Resolved^  That  the  governor  cause  copies  of  these  resolutions 
to  be  furnished  to  the  governors  of  each  of  the  States  respectively, 
and  also  to  each  of  our  senators  and  representatives  in  congress. 
Approved,  June  14,  1847. 


THE  BELFAST  AND   WATERVILLE  RAILROAD   COMPANY. 

INCORPORATED     IN     MAINE  IN     1848. 

Chapter  132  of  the  Special  Laws  of  1848  contaim  the  Charter. 

Sect.  1  grants  corporate  powers,  wath.  the  right  to  construct  a  railroad  on  the  route 
described ;  it  empowers  the  Company  to  enter  upon  and  take  lands  necessary  for 
the  road,  and  to  remove  therefrom  materials  for  its  construction,  provided  they 
pay  damages,  if  not  agreed,  to  be  assessed  by  the  County  Commissioners,  if  appli- 
cation therefor  be  made  within  two  years ;  they  may  also  remove  trees  likely  to 
obstruct  the  road,  by  paying  damages  as  aforesaid. 
Sect.  2  authorizes  the  guardian  of  an  infant,  person  iwn  compos  mentis,  or  feme  cov- 
ert, whose  husband  is  under  guardianship,  to  release  claims  for  damages  caiised 
by  taking  lands  as  aforesaid. 
Sect,  3  provides  that  the  capital  stock  shall  consist  of  not  less  than  5000  nor  more 
than  12000  shares,  of  $100  each;  it  vests  the  government  in  seven  Directors,  who 
shall  choose  a  President,  Clerk,  and  Treasurer. 
Sect.  4  authorizes  the  Company  to  make  necessary  by-laws. 

Sect.  5  authorizes  the  Directors  to  hold  all  necessary  property  and  have  all  powers 
necessary  to  conduct  the  affairs  of  the  Company ;  also  to  prescribe  the  time  and 
amount  of  assessments  to  be  paid  on  shares,  and  to  sell  the  shares  of  subscribers 
neglecting,  after  30  days'  notice,  to  make  such  payments. 
Sect.  6  grants  a  toll  to  the  Corporation  on  all  persons  and  property  transported  on 
said  road ;  the  Directors  prescribing  the  rates  of  toll,  and  making  all  necessary 
regulations. 
Sect.  7  requires  the  Company  to  transport  on  their  road  all  persons  and  property 

conveyed  on  roads  connecting  with  this,  at  the  established  rates  of  toll. 
Sect.  8  requires  the  raiboad  to  be  so  constructed,  where  it  crosses  any  canal,  rail- 
road, or  highway,  as  not  to  obstruct  the  safe  use  thereof;  they  may  raise  or  lower 
such  highway  or  private  way,  and  erect  gates  necessary  for  the  security  of  trav- 
ellers. 
Sect.  9  authoiizes  the  Company  to  erect  a  bridge  over  any  stream  crossed  by  the 

railroad,  so  as  not  to  obstruct  navigation. 
Sect.  10  requires  them  to  erect  a  suitable  fence  on  each  side  of  the  railroad,  being 

liable  to  a  fine  for  neglect  thereof. 
Sect.  11  requires  them  to  keep  the  road  in  good  repair,  to  provide  and  maintain 
suitable  vehicles,  and  to  transport  persons  and  property,  having  a  lien  on  property 

22* 


258         THE    BELFAST    AND    WATERVILLE    RAILROAD    COMPANY. 

for  the  tolls ;  no  other  company  shall  have  the  right  to  use  said  road,  except  such 
as  may  be  connected  with  this. 

Sect.  12  requires  the  Company  to  transport  the  U.  S.  Mail,  for  a  compensation,  if  not 
agreed,  to  be  determined  by  the  Legislature. 

Sect.  13  provides,  if  any  person  wilfully  injure  the  railroad  or  its  appurtenances,  or 
obstruct  the  road,  that  he  shall  forfeit  to  the  Company  treble  the  damages  sus- 
tained, and  shall  be  liable  to  indictment. 

Sect.  14  requires  the  Company  to  keep  an  account  of  all  receipts  and  expenditures. 

Sect.  15  provides  that  the  real  estate  of  the  Corporation  shall  be  taxed  where  it  is 
situated,  and  the  shares  shall  be  personal  estate,  taxable  to  the  owners  ;  when  the 
net  income  shall  have  equalled  10  per  cent,  on  the  cost  of  the  road,  some  portion 
thereof  shall  be  paid  into  the  State  Treasury,  and  the  State  may  recover  the  same. 

Sect.  16  fixes  the  time  of  the  annual  meeting,  when  the  Directors  shall  be  chosen; 
they  may  call  special  meetings,  when  necessary. 

Sect.  17  reserves  to  the  Legislature  the  right,  at  all  times,  to  inquire  into  the  Com- 
pany's doings,  and  their  use  of  the  privileges  granted,  and  to  pass  laws  imposing 
fines  and  penalties,  but  no  further  duties  or  obligations. 

Sect.  18  provides,  if  the  Company  shall  not  have  been  organized,  and  the  location 
filed  by  December  31,  1853,  or  if  they  shall  not  have  completed  their  road  on  or 
before  December  31,  1858,  that  this  Act  shall  be  void. 

Sect.  19  authorizes  any  seven  of  the  persons  named  in  section  1  to  call  the  first  meet- 
ing of  the  Company,  by  giving  the  notice  prescribed. 

Sect.  20  provides  that  books  shall  be  opened  for  receiving  subscriptions  as  directed  ; 
if  more  than  12,000  shares  are  subscribed,  they  shall  bo  distributed  pro  rata 
among  the  subscribers. 


Laws  of  1848,  Chap.  132. 
An  Act  to  establish  the  Belfast  and  Waterville  Railroad  Company. 

Sect.  1.  Be  it  enacted^  S^c.  That  Hiram  O.  Alden,  Hugh  J. 
Anderson,  Joseph  Williamson,  Paul  R.  Hazeltine,  .Tames  P.  White, 
Nathaniel  M.  Lowney,  Alfred  Johnson,  Solyman  Heath,  William 
H.  Burrill,  William  G.  Crosby,  Benjamin  Hazeltine,  James  While, 
Daniel  Merrill,  Asa  Faunae,  Daniel  Haraden,  Timothy  Chase,  and 
Sherburn  Sleeper,  their  associates,  successors,  and  assigns,  are 
hereby  made  and  constituted  a  body  politic  and  corporate,  by  tlie 
name  of  the  Belfast  and  Waterville  Railroad  Company,  and  by 
that  name  may  sue  and  be  sued,  plead  and  be  impleaded,  and  shall 
have  and  enjoy  all  proper  remedies  at  law  and  in  equity,  to  secure 
and  protect  them  in  the  exercise  and  use  of  the  rights  and  privi- 
leges, and  in  the  performance  of  the  duties  hereinafter  granted  and 
enjoined;  and  to  prevent  all  invasion  thereof,  or  interruption  in 
exercising  and  performing  the  same.     And  the  said  corporation 


MAINE.  259 

are  hereby  authorized  and  empowered  to  locate  and  construct,  and 
finally  complete,  alter,  amend,  and  keep  in  repair  a  railroad  with 
one  or  more  sets  of  rails  or  tracks,  with  all  suitable  bridges,  tun- 
nels, viaducts,  turnouts,  culverts,  drains,  and  all  other  necessary 
appendages,  from  some  point  at  or  near  tide  waters,  in  said  town 
of  Belfast,  running  westwardly  and  northerly,  through  the  towns 
of  Waldo,  Swanville,  Brooks,  Knox,  Thorndike,  Unity,  Sebasti- 
cook,  and  Winslow,  to  Waterville.     Said  railroad  to  be  located  and 
constructed  on  such  route,  as  the  directors  of  said  corporation,  in 
the  exercise  of  their  best  judgment  and  discretion,  shall  judge  most 
favorable,  and  best  calculated  to  promote  the  public  convenience, 
and  carry  into  effect  the  intentions  and  purposes  of  this  Act ;  and 
the  said  corporation  shall  be  and  hereby  are  invested  with  all  the 
powers,  privileges,  and  immunities,  which  are  or  may  be  necessary 
to  carry  into  effect  the  purposes  and  objects  of  this  Act  as  herein 
set  forth  ;  and  for  this  purpose,  said  corporation  shall  have  the 
right  to  purchase,  or  take  and  hold,  so  much  of  the  land  and  other 
real  estate  of  private  persons  and  corporations  as  may  be  necessary 
for  the  location  and  construction,  and  convenient  operation  of  said 
railroad ;  and  they  shall  also  have  the  right  to  take,  remove,  and 
use  for  the  construction  and  repair  of  said  railroad  and  appurten- 
ances, any  earth,  gravel,  stone,  timber,  or  other  materials,  on  or 
from  the  lands  so  taken  :  Provided,  however,   that  said  land  so 
taken,  shall  not  exceed  six  rods  in  width,  except  where  greater 
width  is  necessary,  for  the  purposes  of  excavation  or  embankment ; 
and  provided,  also,  that  in  all  cases,  said  corporation  shall  pay  for 
such  estate  or  materials,  so  taken  and  used,  such  price  as  they  and 
the  owners  thereof,  may  mutually  agree  on ;  and  in  case  said  par- 
ties shall  not  otherwise  agree,  then  said  corporation  shall  pay  such 
damages  as  shall  be  ascertained  and  determined  by   the  county 
commissioners,  for  the  county  in  which  such  land  or  other  property 
may  be  situated,  in  the  same  manner  and  under  the  same  condi- 
tions and  hmitations,  as  are  by  law  provided,  in  the  case  of  dama- 
ges, by  the  laying  out  of  highways,  and  the  land  so  taken  by  said 
corporation  shall  be  held  as  lands  taken  and  appropriated  for  pub- 
lic highways;  and  no  application  to  said  commissioners  to  estimate 
said  damages  shall  be  sustained,  unless  made  within  two  years 
from  the  time  of  taking  such  land  or  other  property;  and  in  case 
such  railroad  shall  pass  through  any  wood  lands  or  forests,  the 
said  company  shall  have  a  right  to  fell  or  remove  any  trees  stand- 
ing therein,  within  four  rods  of  said  road,  which  by  their  liability 


260         THE    BELFAST    AND    WATERVILLE   RAILROAD    COMPANY. 

to  be  blown  down,  or  from  their  natural  falling,  might  obstruct  or 
impair  said  railroad,  by  paying  a  just  compensation  therefor,  to  be 
recovered  in  the  same  manner  as  is  provided  for  the  recovery  of 
other  damages  in  this  Act ;  and  furthermore,  said  corporation  shall 
have  all  the  powers,  privileges,  and  immunities,  and  be  subject  to 
all  the  duties  and  liabilities,  provided  and  prescribed  respecting 
railroads  in  chapter  eighty-one  of  the  Revised  Statutes,  not  incon- 
sistent with  the  express  provisions  of  this  Act. 

Sect.  2.  When  said  corporation  shall  take  any  lands  or  other 
property  as  aforesaid,  of  any  infant,  person  non  compos  mentis,  or 
feme  covert,  whose  husband  is  under  guardianship,  the  guardian 
of  such  infant  or  person  noji  compos  metiiis,  and  such  feme  covert, 
with  the  guardian  of  her  husband,  shall  have  full  power  and  au- 
thority to  agree  and  settle  with  said  corporation  for  damages  or 
claims  for  damages  by  reason  of  taking  such  land  or  other  property 
aforesaid,  and  give  good  and  valid  releases  and  discharges  therefor. 

Sect.  3.  The  capital  stock  of  said  corporation  shall  consist  of 
not  less  than  five  thousand  nor  more  than  twelve  thousand  shares, 
of  one  hundred  dollars  each  ;  and  the  immediate  government  and 
direction  of  the  affairs  of  said  corporation  shall  be  vested  in  seven 
directors,  who  shall  be  chosen  by  the  members  of  said  corporation, 
in  the  manner  hereinafter  provided,  and  shall  hold  their  offices 
until  others  shall  have  been  duly  elected  and  qualified  to  take  their 
places,  a  majority  of  whom  shall  form  a  quorum  for  the  transac- 
tion of  business,  and  they  shall  elect  one  of  their  number  to  be 
president  of  the  board,  who  shall  also  be  president  of  the  corpora- 
tion ;  and  shall  have  authority  to  choose  a  clerk,  who  shall  be 
sworn  to  the  faithful  discharge  of  his  duties,  and  a  treasurer,  who 
shall  be  sworn  and  also  give  bonds  to  the  corporation  with  sureties 
to  the  satisfaction  and  acceptance  of  the  directors,  in  a  sum  of  not 
less  than  twenty  thousand  dollars  for  the  faithful  discharge  of  his 

trust. 

Sect.  4.  Said  corporation  shall  have  power  to  make,  ordain,  and 
establish  all  necessary  by-laws,  rules,  and  regulations  not  inconsis- 
tent with  the  constitution  and  the  laws  of  this  State,  for  their  own 
government,  and  for  the  due  and  orderly  conducting  of  their  affairs 
and  the  management  of  their  property. 

Sect.  5.  The  president  and  directors,  for  the  time  being,  are 
hereby  authorized  and  empowered  by  themselves  or  their  agents, 
to  exercise  all  the  powers  herein  granted  to  the  corporation,  for  the 
purpose  of  locating,  constructing,  and  completing  said  road,  and 


MAINE.  261 

for  the  transportation  of  persons,  goods,  and  property  of  all  de- 
scriptions ;  and  all  such  power  and  authority  for  the  manngement 
of  the  affairs  of  the  corporation,  as  may  be  necessary  and  proper 
to  carry  into  effect  the  objects  of  this  grant ;  to  purchase  and  hold 
land,  materials,  engines,  and  cars,  and  all  other  necessary  things, 
in  the  name  of  the  corporation,  for  the  use  of  said  railroad,  and 
for  the  transportation  of  persons,  goods,  and  property  of  all  de- 
scriptions; to  make  such  equal  assessments,  from  time  to  time,  on 
all  the  shares  in  said  corporation,  as  they  may  deem  expedient  and 
necessary,  in  the  execution  and  the  progress  of  the  work,  and 
direct  the  same  to  be  paid  to  the  treasurer  of  the  corporation.  And 
the  treasurer  shall  give  notice  of  all  such  assessments  ;  and  in  case 
any  subscriber  or  stockholder  shall  neglect  to  pay  any  assessment 
on  his  share  or  shares,  for  the  space  of  thirty  days  after  such 
notice  is  given  as  shall  be  prescribed  by  the  by-laws  of  said  cor- 
poration, the  directors  may  order  the  treasurer  to  sell  such  share 
or  shares  at  public  auction  after  giving  such  notice  as  may  be  pre- 
scribed as  aforesaid,  to  the  highest  bidder,  and  the  same  shall  be 
transferred  to  the  purchaser,  and  such  delinquent  subscriber  or 
stockholder  shall  be  held  accountable  to  the  corporation  for  the 
balance,  if  his  share  or  shares  shall  sell  for  less  than  the  assess- 
ments due  thereon,  with  the  interest  and  costs  of  sale,  and  shall 
be  entitled  to  the  overplus,  if  his  share  or  shares  shall  sell  for  more 
than  the  assessments  due  with  interest  and  costs  of  sale ;  provided 
however^  that  no  assessments  shall  be  laid  upon  any  share  in  said 
corporation  of  a  greater  amount,  in  the  whole,  than  one  hundred 
dollars. 

Sect.  6.  A  toll  is  hereby  granted  and  established,  for  the  sole 
benefit  of  said  corporation  upon  all  passengers  and  property  of  all 
descriptions,  which  may  be  conveyed  or  transported  by  them  upon 
said  road,  at  such  rates  as  may  be  agreed  on  and  established,  from 
time  to  time,  by  the  directors  of  said  corporation  ;  the  transporta- 
tion of  persons  and  property,  the  construction  of  wheels,  the  forms 
of  cars  and  carriages,  the  weights  of  loads,  and  all  other  matters 
and  things  in  relation  to  the  use  and  operation  of  said  road,  shall 
be  in  conformity  with  such  rules,  regulations,  and  provisions,  as 
the  directors  shall  from  time  to  time  prescribe,  order,  and  direct. 

Sect.  7.  Said  corporation  shall  receive  and  transport  all  persons, 
goods,  and  property,  of  all  descriptions,  which  may  be  carried  or 
transported  to  the  railroad  of  said  corporation,  on  such  other  rail- 
roads as  may  be  authorized  to  be  connected  therewith,  at  the  same 
rates  of  toll  and  freight  as  may  be  prescribed  by  said  corporation, 


262         THE    BELFAST   AND    WATERVILLE    RAILROAD    COMPANY. 

SO  that  the  rates  of  toll  and  freight  on  such  passengers,  goods,  and 
other  property  as  may  be  received  from  such  other  railroads,  so 
connected  with  said  railroad  as  aforesaid,  shall  not  exceed  the 
general  rates  of  freight  and  toll  on  said  railroad  received  for  freight 
and  passengers,  at  any  of  the  depots  of  said  corporation. 

Sect.  8.  If  the  said  railroad  in  tlie  course  thereof,  shall  cross  any 
private  way,  the  said  corporation  shall  so  construct  said  railroad  as 
not  to  obstruct  the  safe  and  convenient  use  of  such  private  way ; 
and  if  said  railroad  shall  in  the  course  thereof  cross  any  canal, 
turnpike,  railroad,  or  other  highway,  the  said  railroad  shall  be  so 
constructed  as  not  to  obstruct  the  safe  and  convenient  use  of  such 
canal,  turnpike,  or  other  highway ;  and  the  said  corporation  shall 
have  power  to  raise  or  lower  such  turnpike,  highway,  or  private 
way,  so  that  the  railroad,  if  necessary,  may  conveniently  pass 
under  or  over  the  same,  and  erect  such  gate  or  gates  as  may  be 
necessary  for  the  safety  of  travellers  thereon  ;  and  said  corporation 
shall  constantly  maintain  in  good  repair,  all  bridges,  with  their 
abutments  and  embankments,  which  they  may  construct  for  the 
purpose  of  conducting  their  railroad  over  any  canal,  turnpike, 
highway,  or  private  way,  or  for  conducting  such  turnpike,  high- 
way, or  private  way  over  said  railroad. 

Sect.  9.  If  said  railroad  shall,  in  the  course  thereof,  cross  any 
tide-waters,  navigable  rivers,  or  streams,  the  said  corporation  are 
hereby  authorized  and  empowered  to  erect  for  the  sole  and  exclu- 
sive travel  on  their  said  railroad,  a  bridge  or  bridges  across  each  of 
said  rivers  or  streams,  or  across  any  such  tide  waters  :  Provided, 
said  bridge  or  bridges  shall  be  so  constructed  as  not  unnecessarily 
to  obstruct  or  impede  the  navigation  of  said  waters. 

Sect.  10.  Said  corporation  shall  erect  and  maintain  substantial 
and  legal  and  sufficient  fences,  on  each  side  of  the  land  taken  by 
them  for  their  railroad,  when  the  same  passes  through  enclosed  or 
improved  lands ;  and  for  any  unreasonable  neglect  or  failure  to 
erect  and  maintain  such  fence,  said  corporation  shall  be  liable  to 
be  indicted  in  the  district  court,  in  the  county  where  such  fence 
shall  be  insufficient,  and  be  fined  in  such  sum  as  shall  be  adjudged 
necessary  to  erect  or  repair  the  same ;  and  such  fine  shall  be  ex- 
pended for  the  erection  or  repair  of  said  fence,  under  the  direction 
of  an  agent,  appointed  by  said  court,  as  in  case  of  fines  imposed 
upon  towns,  for  deficiency  of  highways. 

Sect.  11.  Said  corporation,  after  they  shall  commence  receiving 
tolls,  shall  be  bound,  at  all  times,  to  have  said  railroad  in  good 
repair,  and  a  suitable  number  of  carriages  and  vehicles  for  the 


MAINE.  263 

transportation  of  persons  and  property,  together  with  the  necessary- 
locomotives  or  engines  therefor,  and  shall  be  obliged  to  receive  at 
all  proper  times  and  places,  and  convey  the  same,  when  the  appro- 
priate tolls  therefor  shall  be  paid  or  tendered  ;  and  a  lien  is  hereby 
created  on  all  articles  transported,  for  said  tolls.  And  the  said 
corporation  fulfilling  on  its  part,  all  and  singular,  the  several  obli- 
gations and  duties  by  this  section  imposed  and  enjoined  upon  it, 
shall  not  be  held  or  bound  to  allow  any  engine,  locomotive,  cars, 
carriages,  or  other  vehicle  for  the  transportation  of  persons  or  prop- 
erty, to  pass  over  said  railroad,  other  than  its  own,  furnished  and 
provided  for  that  purpose  as  herein  enjoined  and  required  ;  Provi- 
ded^ however^  that  said  corporation  shall  be  under  obligations  to 
transport  over  said  road  the  passenger  and  other  cars  of  any  other 
incorporated  company  whose  road  may  be  connected  with  that 
hereby  authorized,  such  other  company  being  subject  to  all  the 
provisions  of  the  sixth  and  seventh  sections  of  this  Act,  as  to  rates 
of  toll,  and  all  other  things  enumerated,  provided,  and  enjoined  in 
said  sections. 

Sect.  12.  The  said  corporation  shall  at  all  times  when  the  post- 
master-general shall  require  it,  be  holden  to  transport  the  United 
States  mails,  from  and  to  such  place  or  places  on  said  road,  as 
required,  for  a  fair  and  reasonable  compensation ;  and  in  case  the 
corporation  and  the  postmaster-general  shall  be  unable  to  agree 
upon  the  compensation  aforesaid,  the  legislature  of  this  State  shall 
determine  the  same ;  and  the  said  corporation  shall  be  bound 
thereby. 

Sect.  13.  If  any  person  shall  wilfully  and  maliciously,  or  wan- 
tonly and  contrary  to  law,  obstruct  the  passage  of  any  carriage, 
car,  locomotive  engine,  or  other  vehicle  on  said  railroad,  or  in  any 
way  spoil,  injure,  or  destroy  said  railroad,  or  any  part  thereof,  or 
any  thing  belonging  thereto,  or  any  materials  or  implements  to  be 
imployed  in  the  construction,  or  for  the  use  of  said  road,  he,  she, 
or  they,  or  any  person  or  persons,  aiding,  assisting,  or  abetting 
such  trespass,  shall  forfeit  and  pay  to  said  corporation,  for  every 
such  offence,  treble  such  damages,  as  shall  be  proved  before  the 
justice,  court,  or  jury,  before  whom  the  trial  shall  be  had;  to  be 
sued  for,  before  any  justice,  or  any  court  of  competent  jurisdiction, 
by  the  treasurer  of  the  corporation,  or  other  officer,  whom  they 
may  direct,  to  the  use  of  said  corporation  ;  and  such  offender  or 
offenders  shall  be  liable  to  indictment,  by  the  grand  jury  of  the 
county,  within  which  such  trespass  shall  have  been  committed, 


264        THE    BELFAST    AND    WATER VILLE    RAILROAD    COMPANY. 

for  any  offence  or  offences  contrary  to  the  above  provisions,  and 
upon  conviction  thereof,  before  any  court  competent  to  try  the 
same,  shall  pay  a  fine  not  exceeding  five  hundred  dollars,  to  the 
use  of  the  State,  or  may  be  imprisoned  for  a  time,  not  exceeding 
five  years,  at  the  discretion  of  said  court. 

Sect.  14.  Said  corporation  shall  keep  in  a  book,  for  that  pur- 
pose, a  regular  account  of  all  their  disbursements,  expenditures, 
and  receipts ;  and  the  books  of  said  corporation  shall  be  open  to 
the  inspection  at  all  times,  of  the  governor  and  council,  and  of  any 
committee  duly  authorized  by  the  legislature ;  and  at  the  expira- 
tion of  every  year,  the  treasurer  of  said  corporation  shall  make  an 
exhibit,  uner  oath,  to  the  legislature,  of  the  net  profits  derived 
from  the  income  of  said  road. 

Sect.  15.  All   real  estate  purchased  by  said  corporation  for  the 
use  of  the  same,  under  the  fifth  section  of  this  Act,  shall  be  taxa- 
ble to  said  corporation  by  the  several  towns,  cities,  and  plantations 
in  which  said  lands  may  be  situated,  in  the  same  manner  as  lands 
owned  by  private  persons,  and  shall  in  the  valuation  list,  be  esti- 
mated the  same  as  other  real  estate  of  the  same  quality,  in  such 
town,  city,  or  plantation,  and  not  otherwise ;  and  the  shares  owned 
by  the  respective  stockholders  shall  be  deemed  personal  estate,  and 
taxable  as  such  to  the  owners  thereof  in  the  places  where  they 
reside  and  have  their  home.     And  whenever  the  net  income  of 
said  corporation  shall  have  amounted  to  ten  per  cent,  per  annum, 
upon  the  cost  of  the  road,  and  its  appendages  and  incidental  ex- 
penses, the  directors  shall  make  a  special  report  of  the  fact  to  the 
legislature ;  from  and  after  which  time,  one  moiety,  or  such  other 
portion,  as  the  legislature  may,  from   time  to  time  determine,  of 
the  net  income  from  said  railroad  accruing  thereafter,  over  and 
above  ten  per  centum  per  annum,  first  to  be  paid  to  the  stockhold- 
ers, shall  annually  be  paid  over  by  the  treasurer  of  said  corpora- 
tion, as  a  tax  into  the  treasury  of  the  State,  for  the  use  of  the 
State ;  and  the  State  may  have  and  maintain  an  action  against 
said  corporation  therefor,  to  recover  the  same,  but  no  other  tax 
than  herein  is  provided  shall  be  levied  or  assessed  on  said  corpo- 
ration, or  any  of  their  privileges,  property,  or  franchises. 

Sect.  16.  The  annual  meeting  of  the  members  of  said  corpora- 
tion shall  be  holden  on  the  second  Monday  of  June,  or  on  such 
other  day  as  shall  be  determined  by  the  by-laws,  at  such  time  and 
place  as  the  directors  for  the  time  being  shall  appoint,  at  which 
meeting  the  directors  shall  be  chosen  by  ballot,  each  proprietor,  by 


MAINE.  265 

himself  or  proxy,  being  entitled  to  as  many  votes  as  he  holds 
shares ;  and  the  directors  are  hereby  autborized  to  call  special 
meetings  of  the  stockholders  whenever  tbey  shall  deem  it  expedi- 
ent and  proper,  giving  such  notice  as  the  corporation,  by  their  by- 
laws shall  direct. 

Sect.  17.  The  legislature  shall  at  all  times  have  the  right  to 
inquire  into  the  doings  of  the  corporation,  and  into  the  manner  in 
which  the  privileges  and  franchises  herein  and  hereby  granted, 
may  have  been  used  and  employed,  by  said  corporation,  and  to 
correct  and  prevent  all  abuses  of  the  same,  and  to  pass  any  laws 
imposing  fines  and  penalties  upon  said  corporation,  which  may 
be  necessary,  more  effectually  to  compel  a  compliance  with  the 
provisions,  liabilities,  and  duties  herein  before  set  forth  and  enjoin- 
ed, but  not  to  impose  any  other  or  further  duties,  liabilities,  or  ob- 
ligations. 

Sect.  18.  If  the  said  corporation  shall  not  have  been  organized, 
and  the  location  of  the  route  of  said  railroad,  according  to  actual 
survey,  filed  with  the  county  commissioners  of  the  counties  through 
which  the  same  shall  pass,  on  or  before  the  thirty-first  day  of  De- 
cember, in  the  year  of  our  Lord  one  thousand  eight  hundred  and 
fifty-three,  or  if  the  said  corporation  shall  fail  to  complete  said  rail- 
road, on  or  before  the  thirty-first  day  of  December,  in  the  year  of 
our  Lord  one  thousand  eight  hundred  and  fifty-eight,  in  either  of 
the  above  mentioned  cases  this  Act  shall  be  null  and  void. 

Sect.  19.  Any  seven  of  the  persons  named  in  the  first  section 
of  this  Act  are  hereby  authorized  to  call  the  first  meeting  of  said 
corporation,  by  giving  notice  in  one  or  more  newspapers,  published 
in  the  town  of  Belfast,  and  such  other  town  or  city  as  they  may 
appoint,  of  the  time  and  place,  and  the  purposes  of  such  meeting^ 
at  least  twenty  days  before  the  time  named  in  such  notice. 

Sect.  20.  And  for  the  purpose  of  receiving  subscriptions  to  the 
capital  stock  of  said  railroad,  books  shall  be  opened  under  the 
direction  of  the  persons  named  in  the  first  section  of  this  Act,  at 
such  time  as  they  may  determine,  in  the  towns  of  Belfast  and 
Waterville,  and  in  such  towns  and  cities,  elsewhere,  as  they  shall 
appoint,  to  remain  open  at  least  ten  successive  days,  of  which  times 
and  places  of  subscription,  public  notice  shall  be  given  in  some 
newspaper  published  in  Belfast,  and  such  other  places  as  they 
shall  direct,  twenty  days  at  least  previous  to  the  opening  of  said 
books  of  subscription ;  and  in  case  the  amount  subscribed  shall 
exceed  twelve  thousand  shares,  the  same  shall  be  distributed 
23 


266  THE    SOUTH    THOMASTON    RAILROAD   COMPANY. 

among  all  the  subscribers,  according  to  such  regulations  as  the 
persons  having  charge  of  the  opening  of  the  books  of  subscription 
shall,  before  the  opening  thereof,  prescribe  and  determine.  Ap- 
proved,  July  29,  1848. 


THE   SOUTH  THOMASTON  RAILROAD   C03tIPANY. 

INCORPORATED    IN   MAINE    IN    1848. 

Chapter  143  of  the  fecial  Laws  of  1848  contains  the  charter. 

Sect.  1  grants  corporate  po'svers. 

Sect.  2  empowers  the  company  to  construct  a  Railroad  on  the  route  described,  but 
not  over  any  lands,  unless  owned  by  them,  without  the  owner's  consent,  nor  across 
any  public  or  private  road  so  as  to  obstruct  the  use  thereof ;  they  may  build  neces- 
sary structures. 

Sect.  3  authorizes  the  corporation  to  lease,  grant,  or  purchase  real  or  personal  estate, 
not  exceeding  $75,000. 

Sect.  4  grants  a  toll  upon  persons  and  property  transported  on  said  road,  subject  to 
revision  by  the  Legislature. 

Sect.  5  authorizes  any  three  persons  named  herein  to  call  the  first  meeting  of  the 
Company. 

Sect.  6  provides,  if  the  Company  shall  not  complete  said  road  within  five  years,  that 
this  Act  shall  be  void. 


-    Laws  of  1848,  Chap.  143. 
An  Act  to  incorporate  the  South  Thomaston  Railroad  Company. 

Sect.  1.  Be  it  enacted,  <^'c.  That  Charles  McLoon,  James  Dow, 
James  Sweetland,  jr.,  Henry  Spalding,  A.  McKellar,  jr.,  William 
D.  Graves,  John  Thayer,  Ezekiel  Hall,  "William  McLoon,  George 
Thorndike.  Joshua  Bartlett,  jr.,  Jesse  Sleeper,  A.  C.  Coombs,  John 
Martin,  and  Oliver  Sweetland,  their  associates,  successors,  and 
assigns,  are  hereby  created  and  made  a  body  politic  and  corporate, 
by  the  name  of  the  South  Thomaston  Railroad  Company,  with  all 
the  powers,  and  privileges,  and  subject  to  all  the  duties  and  liabili- 
ties provided  in  the  laws  of  this  State  concerning  railroad  corpo- 
rations. 

Sect.  2.  The  said  corporation  shall  have  power  to  construct  a 
railroad,  between  some  point  on  the  Blackington  farm  (so  called) 


MAINE.  267 

in  the  town  of  Thomaston,  to  salt  water  in  or  near  the  village  in 
South  Thomaston,  so  called.  But  said  company  shall  not  con- 
struct or  maintain  any  railroad  over  any  lands  not  owned  by  them, 
or  without  the  permission  in  writing  under  the  hand  and  seal  of 
the  owner,  or  owners  thereof,  nor  across  or  over  any  public  road 
or  private  way  so  as  to  obstruct  the  safe  and  convenient  use  of  the 
same;  and  may  erect  and  construct  all  such  buildings,  depots  and 
other  fixtures,  as  may  be  necessary  to  carry  into  full  effect  and 
operation  the  intentions  of  this  Act. 

Sect.  3.  Said  corporation  may  hold  by  lease,  grant,  or  purchase 
any  estate,  real  or  personal,  or  mixed,  not  exceeding  at  any  one 
time  seventy-five  thousand  dollars. 

Sect.  4.  A  toll  is  hereby  granted  for  the  sole  benefit  of  said 
corporation,  upon  all  passengers  and  property  of  all  descriptions 
which  may  be  conveyed  or  transported  upon  said  road,  the  said 
toll  to  be  fixed  by  the  board  of  directors,  and  subject  at  all  times 
to  the  control  of  the  legislature. 

Sect.  5.  Any  three  of  the  persons  named  in  this  Act  may  call 
the  first  meeting  of  the  company,  by  giving  notice  thereof  in  some 
public  newspaper  printed  in  Thomaston,  at  least  three  weeks  prior 
to  the  time  of  said  meeting. 

Sect.  6,  If  said  corporation  shall  not  complete  said  road  within 
five  years  from  the  passage  of  this  Act,  this  Act  shall  be  null  and 
void.     Approved^  August  3,  1848. 


THE  ANDROSCOGGIN   RAILROAD   COMPANY. 

INCORPORATED    IN   MAINE    IN    1848. 
Chap  184  of  the  Special  Laws  of  1848  contains  the  charter. 

Sect.  1  grants  corporate  powers ;  it  authorizes  the  Company  to  construct  a  railroad 
on  the  route  described,  and  to  enter  upon  and  take  lands  necessary  therefor,  and  to 
take  therefrom  materials  necessary  for  its  construction,  by  paying  therefor  damages, 
if  not  agreed,  to  be  determined  by  the  County  Commissioners,  provided  applica- 
tion therefor  be  made  within  three  years  ;  they  may  remove  trees  likely  to  obstruct 
the  road. 

Sect.  2  authorizes  the  guardian  of  any  infant,  person  non  compos  mentis,  or  feme 
covert  whose  husband  is  under  guardianship,  to  release  claims  for  lands  taken  as 
aforesaid. 

Sect.  3  fixes  the  capital  stock  at  not  less  than  1000  nor  more  than  5000  shares,  and 
vests  the  government  in  seven,  nine,  or  eleven  Directors,  who  shall  choose  a 
President,  Clerk,  and  Treasurer ;  books  shall  be  opened  for  receiving  subscriptions, 
as  therein  provided ;  any  seven  persons  named  in  section  1  may  call  the  first 
meeting. 


268  THE   ANDROSCOGGIN  RAILROAD   COMPANY. 

Sect.  4  authorizes  said  Corporation  to  make  necessary  by-laws. 

Sect.  5  defines  the  powers  and  duties  of  the  Directors  ;  it  authorizes  them  to  pre- 
scribe the  time  and  amount  of  assessments  to  be  paid  on  shares,  not  exceeding 
$50  on  each,  and  to  sell  the  shares  of  any  stockholder  failing  so  to  make  pay- 
ment. 

Sect.  6  grants  to  the  Corporation  a  toll  on  passengers  and  property  transported  on 
said  road,  and  authorizes  the  Directors  to  make  necessary  regulations  respecting 
the  road. 

Sect.  7  empowers  the  Corporation  to  connect  with  the  Androscoggin  and  Kennebec 
Railroad  ;  and  requires  said  Company  to  transport  persons  and  property  conveyed 
on  this  road,  at  the  rates  prescribed  by  them ;  said  Company  are  also  authorized 
to  connect  with  this. 

Sect.  8  provides,  if  this  railroad  cross  any  private  way,  highway,  canal,  or  railroad, 
that  it  shall  be  so  constructed  as  not  to  obstruct  the  use  thereof;  and  the  Com- 
pany may  raise  or  lower  such  way,  and  erect  gates. 

Sect.  9  requires  the  Company  constantly  to  maintain  all  bridges. 

Sect.  10  authorizes  them  to  erect  bridges  across  all  streams  of  water  crossed  by  the 
railroad. 

Sect.  11  requires  them  to  maintain  sufficient  fences  on  each  side  of  the  road,  being 
liable  to  indictment  and  fine  for  neglect  thereof. 

Sect.  12  requires  the  Corporation  to  transport  the  U.  S.  Mail  for  a  compensation,  if 
not  agreed,  to  be  determined  by  the  Legislature ;  also  to  keep  their  road  in  good 
repair,  and  provide  suitable  vehicles ;  they  shall  not  be  required  to  permit  trans- 
portation over  this  road  from  any  other,  except  such  as  may  be  authorized  to  con- 
nect with  this. 

Sect.  13  provides,  if  any  person  wilfully  injure  said  railroad  or  appurtenances,  or 
obstruct  said  road,  that  he  shall  forfeit  to  the  Company  treble  the  damages  sus- 
tained, and  shall  be  liable  to  indictment. 

Sect.  14  requires  the  Company  to  keep  correct  accounts  of  receipts  and  expendi- 
tures. 

Sect.  15  provides  that  the  Company's  real  estate  shall  be  taxed  where  it  is  situated, 
and  the  shares  shall  be  personal  estate,  taxed  to  the  holders  ;  when  the  net  income 
exceeds  10  per  cent,  per  annum  on  the  cost  of  the  road,  the  Company  shall  pay 
some  portion  of  such  sum  into  the  State  Treasury  ;  but  no  other  tax  shall  be  levied 
on  their  property. 

Sect.  16  fixes  the  time  of  the  annual  meeting,  when  Directors  shall  be  chosen  ;  they 
are  authorized  to  call  special  meetings. 

Sect.  17  reserves  to  the  Legislature  the  power  to  inquire  into  the  Company's  acts, 
and  to  impose  fines,  if  necessary,  but  no  further  duties. 

Sect.  18  provides,  if  the  Company  shall  not  have  been  organized  on  or  before 
December  1,  1853,  or  if  the  road  shall  not  have  been  completed  on  or  before  De- 
cember 1,  1858,  that  this  Act  shall  be  void. 


Laws  of  1848,  Chap.  184. 
An  Act  to  establish  the  Androscoggin  Railroad  Company. 

Sect.  1.    Be  it  enacted,    <^c.    That  William  Kilbourn,  Joseph 
Additon,  John  E.  Baxter,   George  Gage,  Cyrus  G.  Morrill,  Dimoii 


MAINE.  269 

Fumel,  John  F,  W.  Gould,  Leavitt  Lothrop,  Ensign  Otis,  John 
Gillmore,  Josiah  Day,  second,  Samuel  Marr,  Thomas  Francis, 
Isaac  Boothby,  George  K.  Stinchfield,  Giddings  Lane,  Ozias 
Millett,  Issachar  Lane,  Walter  Foss,  Uriah  Foss,  Lewis  Hunton, 
David  Benjamin,  Wilham  B.  Small,  Francis  F.  Haines,  Ezekiel 
Treat,  junior,  Cyrus  Morrison,  James  Ford,  Stillman  Noyes, 
Aruna  Holmes,  Silas  Jones,  junior,  Francis  Lawrence,  Elisha 
Hayes,  Veranes  Niles,  John  Wyman,  Joseph  N.  White,  Elisha  H, 
Pettingill,  Elisha  Pettingill,  and  Comfort  Pettingill,  their  associates, 
successors,  and  assigns,  are  hereby  made  and  constituted  a  body 
politic  and  corporate  by  the  name  of  the  Androscoggin  Railroad 
Company,  and  by  that  name  may  sue  and  be  sued,  plead  and  be 
impleaded,  and  shall  have  and  enjoy  all  proper  remedies  at  law 
and  in  equity  to  secure  and  protect  them  in  the  exercise  and  use  of 
the  rights,  and  privileges,  and  in  the  performance  of  the  duties 
hereinafter  granted  and  enjoined,  and  to  prevent  all  invasion  there- 
of or  interruption  in  performing  the  same.  And  the  said  corpora- 
tion are  hereby  empowered  and  authorized  to  locate,  construct  and 
finally  complete,  alter  and  keep  in  repair,  a  railroad  with  one  or 
more  sets  of  rails  or  tracks,  with  all  suitable  bridges,  tunnels,  and 
viaducts,  turnouts,  culverts,  drains,  and  all  other  necessary  append- 
ages, from  some  point  or  place  in  the  line  of  the  Androscoggin  and 
Kennebec  Railroad,  either  in  the  town  of  Greene,  or  in  the  town 
of  Monmouth,  and  thence  running  northerly  through  the  towns  of 
Monmouth  or  Greene  and  Leeds  and  East  Livermore,  Wayne, 
Fayette  or  either  of  said  towns  to  Jay  bridge,  in  such  a  route  as 
the  directors  of  said  corporation  in  the  exercise  of  their  best  judg- 
ment or  discretion  shall  judge  most  favorable,  and  best  calculated 
to  promote  the  public  convenience  and  carry  into  effect  the  inten- 
tions and  purposes  of  this  Act.  And  said  corporation  are  hereby 
invested  with  all  the  powers,  privileges  and  immunities  which  are 
or  may  be  necessary  to  carry  into  effect  the  purposes  and  objects 
of  this  Act  as  herein  set  forth.  And  for  this  purpose,  said  corpora- 
tion shall  have  the  right  to  purchase  or  to  take  and  hold  so  much 
of  the  land  and  other  real  estate  of  private  persons  and  corpora- 
tions as  may  be  necessary  for  the  location,  construction,  and  con- 
venient operation  of  said  railroad ;  and  they  shall  also  have  the 
right  to  take,  remove  and  use,  for  the  construction  and  repair  of 
said  railroad  and  appurtenances,  any  earth,  gravel,  stone,  timber 
or  other  materials  on  or  from  the  land  so  taken  ;  provided^  however^ 
that  said  land  so  taken  shall  not  exceed  six  rods  in  width,  except 
23* 


270  THE   ANDROSCOGGIN   RAILROAD    COMPANY. 

where  greater  width  is  necessary  for  the  purpose  of  excavation  or 
embankment ;  and  provided,  also,  that  in  all  cases  said  corporation 
shall  pay  for  said  lands,  estate,  or  material  so  taken  and  used,  such 
price  as  they  and  the  owner  or  respective  owners  thereof  may 
agree  on  ;  and  in  case  said  party  shall  not  otherwise  agree,  then 
said  corporation  shall  pay  such  damages  as  shall  be  ascertained 
and  determined  by  the  county  commissioners  for  the  county  where 
such  land  or  other  property  may  be  situated,  in  the  same  manner 
and  under  the  same  conditions  and  limitations  as  are  by  law  pro- 
vided in  the  case  of  damages  by  the  laying  out  of  highways.  And 
the  land  so  taken  by  said  corporation  shall  be  held  as  lands  taken 
and  appropriated  for  public  highways.  And  no  application  to 
said  commissioners  to  estimate  said  damages  shall  be  sustained, 
unless  made  within  three  years  from  the  time  of  taking  such  land 
or  other  property ;  and  in  case  such  railroad  shall  pass  through 
any  woodlands  or  forests  the  said  company  shall  have  a  right  to 
fell  or  remove  any  trees  standing  therein  within  four  rods  of  said 
road,  which  by  their  liability  to  be  blown  down,  or  by  their  natural 
falling  might  obstruct  or  impair  said  railroad,  by  paying  a  just  com- 
pensation therefor  to  be  recovered  in  the  same  manner  as  is  provi- 
ded for  the  recovery  of  other  damages  in  this  Act.  And,  further- 
more, said  corporation  shall  have  all  the  powers,  privileges,  and 
immunities,  and  be  subject  to  all  the  duties  and  liabilities  provided 
and  prescribed  respecting  railroads  in  chapter  eighty-one  of  the 
revised  statutes,  not  inconsistent  with  the  express  provisions  of  this 
charter. 

Sect.  2.  When  said  corporation  shall  take  any  land  or  other 
estate  as  aforesaid  of  any  infant,  person  nan  com-pos  mentis  or 
feme  covert  whose  husband  is  under  guardianship,  the  guardian 
of  such  infant  or  person  non  compos  metitis,  and  such  feme  covert, 
with  the  guardian  of  her  husband,  shall  have  full  power  and 
authority  to  agree  and  settle  with  said  corporation  for  damages  or 
claims  for  damages  by  reason  of  taking  such  land  or  estate  afore- 
mentioned, and  give  good  and  valid  releases  and  discharges  there- 
for. 

Sect.  3.  The  capital  stock  of  said  corporation  shall  consist  of 
not  less  than  one  thousand  nor  more  than  five  thousand  shares, 
and  the  immediate  government  and  direction  of  the  affairs  of  said 
corporation  shall  be  vested  in  seven,  nine,  or  eleven  directors,  who 
shall  be  chosen  by  the  members  of  said  corporation  in  the  manner 
hereinafter  provided,  and  shall  hold  their  offices  until  others  shall 


MAINE.  271 

have  been  duly  elected  and  qnalified  to  take  their  places,  a  majority 
of  whom  shall  form  a  quorum  for  the  transaction  of  business,  and 
they  shall  elect  one  of  their  number  to  be  president  of  the  board 
■who  shall  also  be  president  of  the  corporation,  and  they  shall  have 
authority  to  choose  a  clerk  who  shall  be  sworn  to  the  faithful  dis- 
charge of  his  duty  and  a  treasurer  who  shall  be  sworn,  and  who 
shall  likewise  give  bonds  to  the  corporation  with  sureties,  to  the 
satisfaction  of  the  directors,  in  a  sum  not  less  than  ten  thousand 
dollars  for  the  faithful  discharge  of  his  trust.  And  for  the  pur- 
pose of  receiving  subscription  to  the  said  stock,  books  shall  be 
opened  under  the  direction  of  the  persons  named  in  the  first  sec- 
tion of  this  Act,  at  such  time  as  they  may  determine,  in  the  towns 
of  Wilton,  East  Livermore,  Leeds,  and  Lewiston,  and  in  the  cities 
of  Bath  and  Portland  in  this  State,  and  also  in  the  city  of  Boston, 
in  the  State  of  Massachusetts,  and  elsewhere,  as  they  shall  appoint, 
to  remain  open  for  ten  successive  days,  of  which  time  and  place 
of  subscription  public  notice  shall  be  given  in  some  newspaper 
printed  in  Lewiston,  Portland,  and  Boston,  twenty  days  at  least 
previous  to  the  opening  of  said  subscription  ;  and  in  case  the 
amount  subscribed  shall  exceed  five  thousand  shares,  the  same 
shall  be  distributed  among  all  the  subscribers,  according  to  such 
regulations  as  the  persons  having  charge  of  the  opening  of  the 
subscription  books  shall  prescribe  before  the  opening  of  said  books. 
And  any  seven  of  the  persons  named  in  the  first  section  of  this  Act 
are  hereby  authorized  to  call  the  first  meeting  of  said  corporation, 
by  giving  notice  in  one  or  more  newspapers  published  in  the  towns 
and  cities  last  above  named,  and  of  the  time  and  place  and  the 
purpose  of  such  meeting,  at  least  twenty  days  before  the  time  men- 
tioned in  such  notice. 

Sect.  4.  Said  corporation  shall  have  power  to  make,  ordain,  and 
establish,  all  necessary  by-laws  and  regulations,  consistent  with 
the  laws  and  constitution  of  this  State,  for  their  own  government, 
and  for  the  due  and  orderly  conducting  of  their  afiairs  and  the 
management  of  their  property. 

Sect.  5.  The  president  and  directors  for  the  time  being  are 
hereby  authorized  and  empowered,  by  themselves  or  their  agents, 
to  exercise  all  the  powers  herein  granted  to  the  corporation  for  the 
purpose  of  locating,  constructing,  and  completing  said  railroad, 
and  for  the  transportation  of  persons,  goods,  and  property  of  all 
descriptions,  and  all  such  power  and  authority  for  the  manage- 
ment of  the  affairs  of  the  corporation  as  may  be  necessary  and 


272  THE  ANDROSCOGGIN  RAILROAD   COMPANY. 

proper  to  carry  into  effect  the  objects  of  this  grant,  to  purchase  and 
hold  land,  materials,  engines,  and  cars,  and  other  necessary  things, 
in  the  name  of  the  corporation  for  the  use  of  said  road,  and  for  the 
transportation  of  persons,  goods,  and  property  of  all  descriptions, 
to  make  such  equal  assessment  from  time  to  time  on  all  the  shares 
in  said  corporation  as  they  may  deem  expedient  and  necessary  in 
the  execution  and  the  progress  of  the  work,  and  direct  the  same  to 
be  paid  to  the  treasurer  of  the  corporation.  And  the  treasurer 
shall  give  notice  of  all  such  assessments,  and  in  case  any  subscriber 
or  stockholder  shall  neglect  to  pay  any  assessment  on  his  share  or 
shares  for  the  space  of  thirty  days  after  such  notice  is  given  as 
shall  be  prescribed  by  the  by-laws  of  the  corporation,  the  directors 
may  order  the  treasurer  to  sell  such  share  or  shares  at  public 
auction  after  giving  such  notice  as  may  be  prescribed  as  aforesaid 
to  the  highest  bidder,  and  the  same  shall  be  transferred  to  the  pur- 
chaser and  such  delinquent  subscriber  or  stockholder  shall  be  held 
accountable  to  the  corporation  for  the  balance,  if  his  share  or 
shares  shall  sell  for  less  than  the  amount  of  the  assessment  due 
thereon  with  the  interest  and  costs  of  sale,  and  shall  be  entitled  to 
the  overplus,  if  his  share  or  shares  shall  sell  for  more  than  the 
assessments  due  with  interest  and  costs  of  sale ;  Provided,  however, 
that  no  assessment  shall  be  laid  upon  any  shares  in  said  corpora- 
tion of  a  greater  amount  in  the  whole  than  fifty  dollars. 

Sect.  6.  A  toll  is  hereby  granted  and  established  for  the  sole 
benefit  of  said  corporation,  upon  all  passengers  and  property  of  all 
descriptions  which  may  be  conveyed  or  transported  by  them  upon 
said  road,  at  such  rate  as  may  be  agreed  upon  and  established  from 
time  to  time  by  the  directors  of  said  corporation.  The  transporta- 
tion of  persons  and  property,  the  construction  of  wheels,  the  forms 
of  cars  and  carriages,  the  weights  of  loads,  and  all  other  matters 
and  things  in  relation  to  said  road,  shall  be  in  conformity  with 
such  rules,  regulations,  and  provisions  as  the  directors  shall  from 
time  to  time  prescribe  and  direct. 

Sect.  7.  Said  corporation  is  hereby  authorized  and  empowered 
to  connect,  if  it  shall  elect  so  to  do,  with  the  Androscoggin  and 
Kennebec  Railroad  at  any  point  in  either  of  the  towns  mentioned  in 
the  first  section  of  this  Act  which  the  directors  of  the  said  corpo- 
ration may  select ;  and  said  Androscoggin  and  Kennebec  Railroad 
shall  receive  and  transport  all  persons,  goods,  and  property  of  all 
descriptions,  which  may  be  carried  and  transported  to  its  railroad 
on  said  Androscoggin  Railroad,  at  the  same  rates  of  freight  and 


MAINE.  273 

toll  on  such  passengers  and  goods  and  other  property  as  may  be 
prescribed  by  said  Androscoggin  and  Kennebec  Railroad  Company ; 
so  that  the  rates  of  freight  and  toll  on  such  passengers,  goods,  and 
other  property,  as  may  be  so  received  from  said  Androscoggin  Rail- 
road, shall  not  exceed  the  general  rates  of  freight  and  toll  on  its 
road  received  for  freight  and  passengers  at  any  of  the  deposits  of 
said  corporation ;  'provided^  also^  that  the  Androscoggin  and  Ken- 
nebec Railroad,  if  they  shall  elect  so  to  do,  are  hereby  authorized 
to  connect  with  the  said  Androscoggin  Railroad,  subject  to  the  pro- 
visions of  an  Act  relating  to  railroads,  approved  March  seventh, 
one  thousand  eight  hundred  and  forty-two. 

Sect.  8.  If  the  said  railroad  in  the  course  thereof  shall  cross 
any  private  way,  the  said  corporation  shall  so  construct  said  rail- 
road as  not  to  obstruct  the  safe  and  convenient  use  of  such  private 
way,  and  if  the  said  railroad  shall  in  the  course  thereof  cross  any 
canal,  turnpike,  railroad,  or  other  highway,  the  said  railroad  shall 
be  so  constructed  as  not  to  obstruct  the  safe  and  convenient  use  of 
such  canal,  turnpike,  or  other  highway ;  and  the  said  corporation 
shall  have  power  to  raise  or  lower  such  turnpike,  highway,  or  pri- 
vate way,  so  that  said  railroad,  if  necessary,  may  conveniently 
pass  under  or  over  the  same,  and  erect  such  gate  or  gates  thereon 
as  may  be  necessary  for  the  safety  of  travellers  on  said  turnpike, 
railroad,  highway,  or  private  way. 

Sect.  9.  Said  railroad  corporation  shall  constantly  maintain  in 
good  repair  all  bridges  with  their  abutments  and  embankments, 
which  they  may  construct  for  the  purpose  of  conducting  their  rail- 
road over  any  canal,  turnpike,  highway,  or  private  way,  or  for 
constructing  such  private  way  or  turnpike  over  said  railroad. 

Sect.  10.  If  said  road  shall  cross  any  lakes,  ponds,  rivers,  or 
streams,  the  said  corporation  are  hereby  authorized  and  empowered 
to  erect  for  the  safe  and  exclusive  travel  on  the  said  railroad,  a 
bridge  across  each  of  said  rivers,  lakes,  ponds  or  streams. 

Sect.  11.  Said  railroad  corporation  shall  erect  and  maintain 
legal  and  sufficient  fences  on  each  side  of  the  land  taken  by  them 
for  their  railroad,  when  the  same  passes  through  enclosed  lands  or 
lands  improved,  or  lands  that  may  be  improved  hereafter;  and  for 
neglect  to  erect  and  maintain  such  fence,  said  corporation  shall  be 
liable  to  be  indicted  in  the  district  court  for  the  county  where  such 
fence  shall  be  insufficient,  and  be  fined  in  such  sum  as  shall  be 
adjudged  necessary  to  repair  the  same,  and  such  fine  shall  be  ex- 
pended for  the  erection  or  repair  of  said  fence  under  the  direction  of 


274  THE  ANDROSCOGGIN  RAILROAD   COMPANY. 

an  agent  appointed  by  the  court,  as  in  case  of  fines  imposed  upon 
towns  for  deficiency  of  highways. 

Sect.  12.  The  said  corporation  shall,  at  all  times  when  the  post- 
master-general shall  require  it,  be  holden  to  transport  the  mail  of 
the  United  States  from  and  to  such  place  and  places  on  said  road 
as  required,  for  a  fair  and  reasonable  compensation.  And  in  case 
the  corporation  and  postmaster-general  shall  be  unable  to  agree 
upon  the  compensation  aforesaid,  the  legislature  of  the  State  shall 
determine  the  same.  And  said  corporation,  after  they  shall  com- 
mence receiving  of  tolls,  shall  be  bound  at  all  times  to  have  said 
railroad  in  good  repair  and  a  suitable  number  of  suitable  engines, 
carriages,  and  vehicles  for  the  transportation  of  persons  and  arti- 
cles, and  be  obliged  to  receive  at  all  proper  times  and  places,  and 
convey  the  same  when  the  appropriate  tolls  therefor  shall  be  paid 
and  tendered ;  and  a  lien  is  hereby  created  on  all  articles  trans- 
ported for  said  tolls.  And  the  said  corporation,  fulfilling  on  its  part 
all  and  singular  the  obligations  and  duties  by  this  section  enjoined 
and  imposed  upon  it,  shall  not  be  held  or  bound  to  allow  any  en- 
gine, locomotive,  cars,  carriages,  or  other  vehicle  for  the  transport- 
ation of  persons  or  merchandise  to  pass  over  said  railroad,  other 
than  its  own,  furnished  and  provided  for  that  purpose  as  herein 
enjoined  and  required ;  provided  however^  that  said  corporation 
shall  be  under  obligation  to  transport  over  said  road  the  passenger 
and  other  cars  of  any  other  incorporated  company  that  may  here- 
after construct  a  railroad  connecting  with  that  hereby  authorized, 
such  other  company  being  subject  to  all  the  provisions  of  the  sixth 
and  seventh  sections  of  this  Act  as  to  rates  of  tolls  and  all  other 
particulars  enumerated  in  said  sections. 

Sect.  13,  If  any  person  shall  wilfully  and  maliciously,  or  wan- 
tonly and  contrary  to  law,  obstruct  the  passage  of  any  carriage  on 
said  railroad,  or  in  any  way  spoil,  injure,  or  destroy  said  railroad 
or  any  part  thereof,  or  any  thing  belonging  thereto,  or  any  mate- 
rials or  implements  to  be  employed  in  the  construction  of  or  for 
the  use  of  said  road,  he,  she,  or  they,  or  any  person  or  persons 
assisting,  aiding,  or  abetting  such  trespass,  shall  forfeit  and  pay  to 
said  corporation  for  every  such  offence  treble  such  damages  as 
shall  be  proved  before  the  justice,  court  or  jury,  before  whom  the 
trial  shall  be  had,  to  be  sued  for  before  any  justices  in  any  court 
proper  to  try  the  same,  by  the  treasurer  of  the  corporation  or  other 
officer  whom  they  may  direct  to  the  use  of  said  corporation.  And 
such  offender  or  offenders  shall  be  liable  to  indictment  by  the  grand 


MAINE.  275 

jury  of  the  county  within  which  trespass  has  been  committed,  for 
any  offence  or  offences  contrary  to  the  above  provisions ;  and  upon 
conviction  thereof  before  any  court  competent  to  try  the  same, 
shall  pay  a  fine  not  exceeding  five  hundred  dollars  to  the  use  of 
the  State,  or  may  be  imprisoned  for  a  term  not  exceeding  five  years, 
at  the  discretion  of  the  court  before  whom  such  conviction  may  be 
had. 

Sect.  14.  Said  corporation  shall  keep  in  a  book  for  that  purpose, 
a  regular  account  of  all  their  disbursements,  expenditures,  and 
receipts,  and  the  books  of  said  corporation  shall  at  all  times  be 
open  to  the  inspection  of  the  governor  and  council,  and  of  any 
committee  duly  authorized  by  the  legislature,  and  at  the  expiration 
of  every  year,  the  treasurer  of  said  corporation  shall  make  an  ex- 
hibit under  oath  to  the  legislature,  of  the  net  profits  derived  from 
the  income  of  said  railroad. 

Sect.  15.  All  real  estate  purchased  by  said  corporation  for  the 
use  of  the  same  under  the  fifth  section  of  this  Act,  shall  be  tax- 
able to  said  corporation  by  the  several  towns,  cities,  and  planta- 
tions in  which  said  land  lies,  in  the  same  manner  as  lands  owned 
by  private  persons,  and  shall  in  the  valuation  list  be  estimated  the 
same  as  other  real  estate  of  the  same  quality,  in  such  city,  town, 
or  plantation,  and  not  otherwise,  and  the  shares  owned  by  the  re- 
spective stockholders,  shall  be  deemed  personal  estate  and  be  tax- 
able as  such  to  the  owners  thereof  in  the  places  where  they  reside 
and  have  their  homes.  And  whenever  the  net  income  of  said  cor- 
poration shall  have  amounted  to  ten  per  centum  per  annum  upon 
the  cost  of  the  road,  and  its  appendages  and  incidental  expenses, 
the  directors  shall  make  a  special  report  of  the  fact  to  the  legisla- 
ture, from  and  after  which  time  one  moiety  of  such  other  portion  as 
the  legisature  may  from  time  to  time  determine  of  the  net  income 
of  said  railroad  accruing  thereafter,  over  and  above  ten  per  centum 
per  annum  first  to  be  paid  to  the  stockholders,  shall  annually  be 
paid  over  by  the  treasurer  of  said  corporation  as  a  tax  into  the 
treasury  of  the  State,  for  the  use  of  the  State.  And  the  State  may 
have  and  maintain  an  action  against  said  corporation  therefor  to 
recover  the  same.  But  no  other  tax,  than  herein  is  provided,  shall 
ever  be  levied  or  assessed  on  said  corporation  on  any  of  their  priv- 
ileges or  franchises. 

Sect.  16.  The  annual  meeting  of  the  members  of  said  corpora- 
tion shall  be  holden  on  the  first  Monday  of  August,  or  such  other 
day  as  shall  be  determined  by  the  by-laws,  at  such  time  and  place 


276  THE   LEWISTON  AND   TOPSHAM   RAILROAD    COMPANY. 

as  the  directors  for  the  time  being  shall  appoint,  at  which  meeting 
the  directors  shall  be  chosen  by  ballot,  each  proprietor,  by  himself 
or  proxy,  being  entitled  to  as  many  votes  as  he  holds  shares.  And 
the  directors  are  hereby  authorized  to  call  special  meetings  of  the 
stockholders  whenever  they  shall  deem  it  expedient  and  proper, 
giving  such  notice  as  the  corporation  by  their  by-laws  shall  direct. 

Sect.  17.  The  legislature  shall  at  all  times  have  the  right  to  in- 
quire into  the  doings  of  the  corporation,  and  into  the  manner  in 
which  the  privileges  and  franchises  herein  and  hereby  granted 
may  have  been  used  and  employed  by  said  corporation,  and  to 
correct  and  prevent  all  abuses  of  the  same,  and  to  pass  any  laws 
imposing  fines  and  penalties  upon  said  corporation,  which  may  be 
necessary  more  effectually  to  compel  a  compliance  with  the  provis- 
ions, liabilities  and  duties  hereinbefore  set  forth  and  enjoined,  but 
not  to  impose  any  other  or  further  duties,  liabilities,  or  obligations. 

Sect.  18.  If  the  said  corporation  shall  not  have  been  organized, 
and  the  location  according  to  actual  survey  of  the  route  filed  with 
the  county  commissioners  of  the  county  or  counties  through  which 
the  same  shall  pass,  on  or  before  the  first  day  of  December,  in  the 
year  of  our  Lord  one  thousand  eight  hundred  and  fifty-three,  or  if 
said  corporation  shall  fail  to  complete  said  railroad  on  or  before  the 
first  day  of  December,  in  the  year  of  our  Lord  one  thousand  eight 
hundred  and  fifty-eight,  in  either  of  the  abovementioned  cases  this 
Act  shall  be  null  and  void.     Approved,  August  10,  1S48. 


THE  LE^VISTON  AND  TOPSHAM  R.-ULROAD  COMPANY. 
INCORPORATED  IN   MAINE  IN  1848. 
Chapter  186  of  the  Laios  of  1848  contains  the  Charter. 

Sect.  1  grants  corporate  powers ;  it  authorizes  the  Company  to  construct  a  railroad 
on  the  route  described,  and  to  enter  upon  and  take  lands  necessary  therefor,  and 
materials  for  its  construction,  provided  they  pay  damages  therefor,  if  not  agreed, 
to  be  determined  by  the  County  Commissioners  ;  but  application  for  such  assess- 
ment must  be  made  within  three  years  from  the  time  of  taking ;  the  Company 
may  also  remove  trees  likely  to  obstruct  the  road. 

Sect.  2  authoiizes  the  guardian  of  an  infant,  person  non  compos  mentis,  or  feme 
covert,  -whose  husband  Ls  under  guardianship,  to  release  claims  for  such  damages. 

Sect.  3  provides  that  the  capital  stock  shall  consist  of  not  less  than  2000  nor  more 


MAINE.  277 

than  8000  shares,  and  vests  the  Government  in  seven,  nine,  or  thirteen  Directors, 
who  shall  elect  a  President,  Clerk,  and  Treasurer;  books  shall  be  opened  for 
receiving  subscriptions  to  the  stock,  and  if  more  than  8000  shares  shall  be  sub- 
scribed, they  shall  be  distributed  pro  rata  among  the  subscribers ;  any  live  of  the 
persons  named  in  section  one  may  call  the  first  meeting. 

Sect.  4  authorizes  the  Corporation  to  make  necessary  by-laws. 

Sect.  5  defines  the  powers  and  duties  of  the  Directors ;  it  authorizes  them  to  pre- 
scribe the  time  and  amount  of  jjayments  to  be  made  on  shares,  and  to  sell  the 
shares  of  any  delinquent  subscriber. 

Sect.  6  grants  a  toll  to  the  Company  for  transinortation  on  said  road,  the  rates  of  toll 
and  all  necessary  regulations  being  prescribed  by  the  Dii-ectors. 

Sect.  7  empowers  the  Company  to  connect  with  the  Androscoggin  and  Kennebec 
Railroad  at  Lewiston,  and  the  Kennebec  and  Portland  Eaihoad  at  Topsham ;  and 
said  Companies  shall  transport  all  persons  and  property  conveyed  on  this  road  to 
their  roads,  at  the  established  rates  of  toll;  said  Companies  may  connect  with 
this,  subject  to  "the  Act  respecting  Railroads"  passed  March  7,  1842, 

Sect.  8  provides  that  said  Railroad  shall  be  so  constructed,  where  it  crosses  any 
canal,  highway,  private  way,  or  railroad,  as  not  to  obstruct  the  same. 

Sect.  9  requires  the  Company  to  maintain  all  necessary  bridges. 

Sect.  10  empowers  them  to  build,  for  their  sole  use,  bridges  across  bodies  of  water, 
over  which  the  road  may  pass. 

Sect.  1 1  requires  them  to  erect  and  mamtain  sufficient  fences  on  each  side  of  the 
Railroad,  in  neglect  thereof  being  liable  to  indictment  and  fi.ne. 

Sect.  12  requires  them  to  transport  the  U.  S.  Mail,  for  a  compensation,  if  not  agreed, 
to  be  determined  by  the  Legislature  ;  also  to  keep  the  road  in  good  repair,  and  to 
provide  suitable  vehicles  ;  they  shall  have  a  lien  on  articles  transported,  for  their 
tolls  ;  they  shall  not  be  required  to  transport  persons  and  property  conveyed  over 
any  other  road,  except  such  as  may  be  connected  with  this. 

Sect.  13  provides,  if  any  person  wilfully  injure  said  railroad  or  appurtenances,  or 
obstruct  the  road,  that  he  shall  forfeit  to  the  Comjoany  treble  the  damages  sus- 
tained, and  shall  be  liable  to  indictment. 

Sect.  14  requires  the  Company  to  keep  just  accounts  of  their  receipts  and  expendi- 
tures, and  the  Treasurer  to  make  an  annual  return  to  the  Legislature. 

Sect.  15  provides  that  the  Company's  real  estate  shall  be  taxable  to  them  where  it 
is  situated,  and  the  shares  shall  be  personal  estate,  taxable  to  the  holders ;  when 
the  net  income  exceeds  10  per  cent,  per  annum  on  the  cost  of  the  road,  the 
Company  shall  pay  some  portion  thereof  to  the  State-treasurer,,  but  shall  pay  no 
other  tax. 

Sect.  16  fixes  the  time  for  holding  the  annual  meeting,  when  Dii-ectors  shall  be 
chosen  ;  they  ma)-  call  special  meetings,  when  necessary. 

Sect.  17  reserves  to  the  Legislature  the  right  to  inquire  into  the  Company's  doings, 
and  to  impose  fines  and  penalties,  but  no  further  duties. 

Sect.  18  provides,  if  the  Company  shall  not  have  been  organized,  and  if  the  location 
shall  not  have  been  filed,  on  or  before  December  31st,  1853,  or  if  the  road  shall 
not  have  been  completed  on  or  before  December  31st,  1861,  that  this  Act  shall  be 
void. 

24 


278  LEWISTON    AND   TOPSHAM   RAILROAD    COMPANY. 

Laws  of  1848,  Chap.  186. 

An  Act  to  establish  the  Lewiston  and  Topshara  Railroad  Company. 

Sect.  1.  Be  it  enacted^  S^'c.  That  Samnel  Moody,  Paul  C.  Teb- 
bets,  Henry  J.  FloUand,  Simeon  Dwinal,  William  Buckman,  Jacob 
Bibber,  James  Booker,  Cephas  Farnsworth,  Wilham  Frost,  Fran- 
cis T.  Purinton,  E.  P.  Briggs,  Nahum  Perkins,  Charles  Thompson, 
William  Dennett,  B.  C.  Bailey,  Henry  Talman,  H.  L.  Richardson, 
Thomas  D.  Robinson,  their  associates,  successors,  and  assigns, 
are  hereby  made  and  constituted  a  body  politic  and  corporate  by 
the  name  of  the  Lewiston  and  Topsham  Railroad  Company,  and 
by  that  name  may  sue  and  be  sued,  plead  and  be  impleaded,  and 
shall  have  and  enjoy  all  proper  remedies  at  law  and  in  equity,  to 
secure  and  protect  them  in  the  exercise  and  use  of  the  rights  and 
privileges  and  in  the  performance  of  the  duties  hereinafter  granted 
and  enjoined,  and  to  prevent  all  invasion  thereof  or  interruption  in 
exercising  and  performing  the  same.  And  the  said  corporation 
are  hereby  empowered  and  authorized  to  locate,  construct  and 
finally  complete,  alter,  and  keep  in  repair  a  railroad  with  one  or 
more  sets  of  rails  or  tracks,  with  all  suitable  bridges,  tunnels,  via- 
ducts, turnouts,  culverts,  drains,  and  all  other  necessary  append- 
ages, from  some  point  or  place  in  the  town  of  Lewiston  near 
Lewiston  Falls  on  the  Androscoggin  River,  through  the  towns  of 
Lewiston,  Lisbon,  and  Topsham,  to  some  point  near  the  falls  on 
the  Androscoggin  River  at  Topsham,  by  snch  a  route  as  the  direct- 
ors of  said  corporation  in  the  exercise  of  their  best  judgment  or 
discretion  shall  judge  most  favorable,  and  best  calculated  to  pro- 
mote the  public  convenience  and  carry  into  effect  the  intentions 
and  purposes  of  this  Act.  And  said  corporation  are  hereby  invest- 
ed with  all  the  powers,  privileges,  and  immunities  which  are  or 
may  be  necessary  to  carry  into  effect  the  purposes  and  objects  of 
this  Act  as  herein  set  forth.  And  for  this  purpose,  said  corporation 
shall  have  the  right  to  purchase  or  to  take  and  hold  so  much  of 
the  land  and  other  real  estate  of  private  persons  and  corporations 
as  may  be  necessary  for  the  location,  construction,  and  convenient 
operation  of  said  railroad ;  and  they  shall  also  have  the  right  to 
take,  remove,  and  use,  for  the  construction  and  repair  of  said  rail- 
road and  appurtenances,  any  earth,  gravel,  stone,  timber,  or  other 
materials,  on  or  from  the  land  so  taken ;  provided^  however^  that 
said  land  so  taken  shall  not  exceed  six  rods  in  width  except  where 


MAINE.  279 

greater  width  is  necessary  for  the  purpose  of  excavation  or  em- 
bankment ;  and  provided^  also,  that  in  all  cases  said  corporation 
shall  pay  for  such  lands,  estate,  or  materials  so  taken  and  used, 
such  price  as  they  and  the  owner  or  respective  owners  thereof 
may  mutually  agree  on  ;  and  in  case  said  parties  shall  not  other- 
wise agree,  then  said  corporation  shall  pay  such  damages  as  shall 
be  ascertained  and  determined  by  the  county  commissioners  for  the 
county  where  such  land  or  other  property  may  be  situated,  in  the 
same  manner  and  under  the  same  conditions  and  limitations  as 
are  by  law  provided  in  the  case  of  damages  by  the  laying  out  of 
highways.  And  the  land  so  taken  by  said  corporation  shall  be 
held  as  lands  taken  and  appropriated  for  public  highways.  And 
no  application  to  said  commissioners  to  estimate  said  damages 
shall  be  sustained,  unless  made  within  three  years  from  the  time  of 
taking  such  land  or  other  property  ;  and  in  case  such  railroad  shall 
pass  through  any  wood  lands  or  forests,  the  said  company  shall 
have  a  right  to  fell  or  remove  any  trees  standing  therein  within 
four  rods  of  said,  road,  which  by  falling  might  obstruct  or  impair 
said  railroad,  by  paying  a  just  compensation  therefor,  to  be  re- 
covered in  the  same  manner  as  provided  for  the  recovery  of  other 
damages  in  this  Act.  And  said  corporation  shall  have  all  the 
powers,  and  the  privileges,  and  immunities,  and  be  subject  to  all 
the  duties  and  liabilities  provided  and  prescribed  respecting  rail- 
roads in  the  eighty-first  chapter  of  the  Revised  Statutes,  not  incon- 
sistent with  the  express  provisions  of  this  charter. 

Sect.  2.  When  said  corporation  shall  take  any  land  or  other 
estate  as  aforesaid  of  any  infant,  person  iion  compos  mentis^  or 
feme  covert  whose  husband  is  under  guardianship,  the  guardian 
of  such  infant,  or  person  iLon  compos  mentis,  and  such  feme 
covert,  with  the  guardian  of  her  husband,  shall  have  full  power 
and  authority  to  agree  and  settle  with  said  corporation,  for 
damages  or  claims  for  damages  by  reason  of  taking  such  land 
and  estate  aforementioned,  and  give  good  and  valid  releases 
therefor. 

Sect.  3.  The  capital  stock  of  said  corporation  shall  consist  of 
not  less  than  two  thousand,  nor  more  than  eight  thousand  shares ; 
and  the  immediate  government  and  direction  of  the  affairs  of  said 
corporation  shall  be  vested  in  seven,  nine,  or  thirteen  directors, 
Avho  shall  be  chosen  by  the  members  of  said  corporation  in  the 
manner  hereinafter  provided,  and  shall  hold  their  offices  until 
others  shall  have  been  duly  elected  and  qualified,  a  majority  of 


2S0  LBWISTON   AND    TOPSHAM   RAILROAD    COMPANY. 

whom  shall  form  a  quorum  for  transaction  of  business,  and  they 
shall  elect  one  of  their  number  to  be  president  of  the  board,  who 
shall  also  be  president  of  the  corporation,  and  shall  have  authority 
to  choose  a  clerk  who  shall  be  sworn  to  the  faithful  discharge  of 
his  duty,  and  a  treasurer  who  shall  be  sworn,  and  who  shall  like- 
wise give  bonds  to  the  corporation  with  sureties  to  the  satisfaction 
of  the  directors  in  a  sum  not  less  than  fifteen  thousand  dollars,  for 
the  faithful  discharge  of  his  trust.  And  for  the  purpose  of  receiv- 
ing subscriptions  to  the  said  stock,  books  shall  be  opened  under 
the  direction  of  the  persons  named  in  the  first  section  of  this  Act, 
at  such  time  as  they  may  determine,  in  the  towns  of  Lewiston, 
Lisbon,  Topsham,  and  Bath,  and  elsewhere  as  they  shall  appoint, 
to  remain  open  for  ten  successive  days,  of  which  time  and  place  of 
subscription  public  notice  shall  be  given  in  some  newspaper  printed 
in  Lewiston  and  Bath,  twenty  days  at  least  previous  to  the  open- 
ing of  said  subscription,  and  in  case  the  amount  subscribed  shall 
exceed  the  eight  thousand  shares,  the  same  shall  be  distributed 
among  the  subscribers,  according  to  such  regulations  as  the  persons 
having  charge  of  the  opening  of  the  subscription  books  shall  pre- 
scribe before  the  opening  of  said  books.  And  any  five  of  the  per- 
sons named  in  the  first  section  of  this  Act  are  hereby  authorized 
to  call  the  first  meeting  of  said  corporation,  by  giving  notice  in  one 
or  more  newspapers,  if  any  there  be,  published  in  the  towns  last 
above  named,  of  the  time  and  place  and  the  purposes  of  such 
meeting,  at  least  twenty  days  before  the  time  mentioned  in  such 
notice. 

Sect.  4.  Said  corporation  shall  have  power  to  make,  ordain,  and 
establish  all  necessary  by-laws  and  regulations  consistent  with  the 
constitution  and  laws  of  this  State,  for  their  own  government,  and 
for  the  due  and  orderly  conducting  of  their  affairs  and  the  manage- 
ment of  their  property. 

Sect.  5.  The  president  and  directors  for  the  time  being  are 
hereby  authorized  and  empowered  by  themselves  or  their  agents 
to  exercise  all  the  powers  herein  granted  to  the  corporation,  for  the 
purpose  of  locating,  constructing,  and  completing  said  railroad, 
and  for  the  transportation  of  persons,  goods,  and  property  of  all 
descriptions,  and  all  such  power  and  authority  for  the  manage- 
ment of  the  affairs  of  the  corporation  as  may  be  necessary  and 
proper  to  carry  into  effect  the  objects  of  this  grant,  to  purchase  and 
hold  land,  materials,  engines,  and  cars,  and  other  necessary  things 
m  the  name  of  the  corporation  for  the  use  of  said  road  and  for  the 


MAINE.  281 

transportation  of  persons,  goods,  and  property  of  all  descriptions  ; 
to  make  such  equal  assessment  from  time  to  time  on  all  the  shares 
in  said  corporation  as  they  may  deem  expedient  and  necessary  in 
the  execution  and  progress  of  the  work,  and  direct  the  same  to  be 
paid  to  the  treasurer  of  the  corporation.  And  the  treasurer  shall 
give  notice  of  all  such  assessments,  and  in  case  any  subscriber  or 
stockholder  shall  neglect  to  pay  any  assessment  on  his  share  or 
shares,  for  the  space  of  thirty  days  after  such  notice  is  given  as 
shall  be  prescribed  by  the  by-laws  of  said  corporation,  the  directors 
may  order  the  treasurer  to  sell  such  share  or  shares  at  public  auc- 
tion, after  giving  such  notice  as  may  be  prescribed  as  aforesaid  to 
the  highest  bidder,  and  the  same  shall  be  transferred  to  the  pur- 
chaser, and  such  delinquent  stockholder  or  subscriber  shall  be  held 
accountable  to  the  corporation  for  the  balance,  if  his  share  or 
shares  shall  sell  for  less  than  the  assessment  due  thereon  with  the 
interest  and  costs  of  sale,  and  shall  be  entitled  to  the  overplus,  if 
his  share  or  shares  shall  sell  for  more  than  the  assessments  due. 
with  interest  and  costs  of  sale ;  Provided^  however^  that  no  assess- 
ment shall  be  laid  upon  any  shares  in  said  corporation  of  a  greater 
amount  in  the  whole  than  one  hundred  dollars. 

Sect.  6.  A  toll  is  hereby  granted  and  established  for  the  sole 
benefit  of  said  corporation,  upon  all  passengers  and  property  of  all 
descriptions  which  may  be  conveyed  or  transported  by  them  upon 
said  road,  at  such  rate  as  may  be  agreed  upon  and  established 
from  time  to  time  by  the  directors  of  said  corporation.  The  trans- 
portation of  persons  and  property,  the  construction  of  wheels,  the 
forms  of  cars  and  carriages,  the  weights  of  loads,  and  all  other 
matters  and  things  in  relation  to  said  road,  shall  be  in  conformity 
with  such  rules,  regulations,  and  provisions  as  the  directors  shall 
from  time  to  time  prescribe  and  direct. 

Sect.  7.  Said  corporation  is  hereby  authorized  and  empowered 
to  connect,  if  it  shall  elect  so  to  do,  with  the  Androscoggin  and 
Kennebec  Railroad  at  Lewiston,  and  the  Kennebec  and  Portland 
Railroad  at  Topsham  ;  and  said  Androscoggin  and  Kennebec  Rail- 
road, and  Kennebec  and  Portland  Railroad  shall  receive  and  trans- 
port all  persons,  goods,  and  property  of  all  descriptions  which  may 
be  carried  and  transported  to  their  roads,  on  the  Lewiston  and 
Topsham  Railroad,  at  the  same  rates  of  freight  and  toll  on  such 
passengers  and  goods  and  other  property  as  may  be  prescribed  by 
said  Androscoggin  and  Kennebec  Railroad  Company  and  the 
Kennebec  and  Portland  Railroad  Company;  so  that  the  rates  of 

24* 


2S2  LEWISTON   AND   TOPSHAM   RAILROAD    COMPANY. 

freight  and  toll  on  such  passengers,  goods,  and  other  property,  as 
may  be  so  received  from  said  Lewiston  and  Topsham  Railroad 
shall  not  exceed  the  general  rates  of  freight  and  toll  on  its  road 
received  for  freight  and  passengers  at  any  of  its  deposits  of  said 
corporation  ;  provided^  also,  that  the  said  Androscoggin  and  Ken- 
nebec Railroad,  and  the  Kennebec  and  Portland  Railroad,  if  they 
shall  elect  so  to  do,  are  hereby  authorized  to  connect  with  the  said 
Lewiston  and  Topsham  Railroad  subject  to  the  provisions  of  "  an 
Act  relating  to  Railroads,"  approved  March  seventh,  eighteen  hun- 
dred and  forty-two. 

Sect.  8.  If  the  said  railroad,  in  the  course  thereof,  shall  cross 
any  private  way,  the  said  corporation  shall  so  construct  said  rail- 
road as  not  to  obstruct  the  safe  and  convenient  use  of  such  private 
way,  and  if  the  said  railroad  shall  in  the  course  thereof  cross  any 
canal,  turnpike,  railroad,  or  other  highway,  the  said  railroad  shall 
be  so  constructed  as  not  to  obstruct  the  safe  and  convenient  use  of 
such  canal,  turnpike,  or  other  highway,  and  the  said  corporation 
shall  have  power  to  raise  or  lower  such  turnpike,  highway,  or  pri- 
vate way,  so  that  said  railroad,  if  necessary,  may  conveniently 
pass  under  or  over  the  same,  and  erect  such  gate  or  gates  thereon 
as  may  be  necessary  for  the  safety  of  travellers  on  said  turnpike, 
railroad,  highway,  or  private  way. 

Sect.  9.  Said  railroad  corporation  shall  constantly  maintain  in 
good  repair  all  bridges  with  their  abutments  and  embankments, 
which  they  may  construct  for  the  purpose  of  conducting  their  rail- 
road over  any  canal,  turnpike,  highway,  or  private  way,  or  for 
conducting  such  private  way  or  turnpike  over  said  railroad. 

Sect.  10.  If  said  railroad  shall  in  the  course  thereof  cross  any 
lakes,  ponds,  rivers,  or  streams,  the  said  corporation  are  hereby 
authorized  and  empowered  to  erect  for  the  sole  and  exclusive  travel 
on  their  railroad,  a  bridge  across  each  of  said  rivers,  lakes,  ponds, 
or  streams. 

Sect.  11.  Said  railroad  corporation  shall  erect  and  maintain 
substantial,  legal,  and  sufficient  fences  on  each  side  of  the  land 
taken  by  them  for  their  railroad,  where  the  same  passes  through 
enclosed  or  improved  lands,  or  lands  that  may  hereafter  be  im- 
proved, and  for  neglect  to  erect  and  maintain  such  fence,  said  cor- 
poration shall  be  liable  to  be  indicted  in  the  district  court  for  the 
county  where  such  fence  shall  be  insufficient,  and  to  be  fined  in 
such  sum  as  shall  be  adjudged  necessary  to  repair  the  same,  and 
such  fine  shall  be  expended  for  the  erection  or  repair  of  said  fence 


MAINE.  283 

under  the  direction  of  an  agent  appointed  by  the  court  as  in  case 
of  fines  imposed  upon  towns  for  deficiency  of  highways. 

Sect.  12.  The  said  corporation  shall,  at  all  times  when  the  post- 
master-general shall  require  it,  be  holden  to  transport  the  mail  of 
the  United  States  from  and  to  such  place  or  places  on  said  road  as 
may  be  required,  for  a  fair  and  reasonable  compensation.  And  in 
case  the  corporation  and  the  postmaster-general  shall  be  unable  to 
agree  upon  the  compensation  aforesaid,  the  legislature  of  the  State 
shall  determine  the  same.  And  said  corporation  after  they  shall 
commence  receiving  tolls,  shall  be  bound  at  all  times  to  have  said 
railroad  in  good  repair  and  a  sufficient  number  of  suitable  engines, 
carriages,  and  vehicles  for  the  transportation  of  persons  and  arti- 
cles, and  be  obliged  to  receive  at  all  proper  times  and  places  and 
convey  the  same  when  the  appropriate  tolls  therefor  shall  be  paid 
and  tendered ;  and  a  lien  is  hereby  created  on  all  articles  trans- 
ported, for  said  tolls.  And  the  said  corporation,  fulfilling  on  its  part 
all  and  singular  the  obligations  and  duties  by  this  section  enjoined 
and  imposed  upon  it,  shall  not  be  held  or  bound  to  allow  any  en- 
gine, locomotive,  cars,  carriages,  or  other  vehicle  for  the  transporta- 
tion of  persons  or  merchandise  to  pass  over  said  railroad,  other 
than  its  own,  furnished  and  provided  for  that  purpose  as  herein 
enjoined  aud  required ;  provided^  however^  that  said  corporation 
shall  be  under  obligation  to  transport  over  said  road  the  passenger 
and  other  cars  of  any  other  incorporated  company  that  may  here- 
after construct  a  railroad  connecting  with  that  hereby  authorized, 
such  other  company  being  subject  to  all  the  provisions  of  the  sixth 
and  seventh  sections  of  this  Act,  as  to  rates  of  tolls  and  other  par- 
ticulars enumerated  in  said  sections. 

Sect.  13.  If  any  person  shall  wilfully  and  maliciously,  or  wan- 
tonly and  contrary  to  law  obstruct  the  passage  of  any  carriage  on 
said  railroad,  or  in  any  way  spoil,  injure,  or  destroy  said  railroad, 
or  any  part  thereof  or  any  thing  belonging  thereto,  or  any  mate- 
rials or  implements  employed  in  the  construction  of  or  for  the  use 
of  said  road,  he,  she,  or  they,  or  any  person  or  persons,  assisting, 
aiding,  or  abetting  such  trespass,  shall  forfeit  and  pay  to  said  cor- 
poration for  every  such  offence  treble  such  damages  as  shall  be 
proved  before  the  justice,  court,  or  jury,  before  whom  the  trial  shall 
be  had,  to  be  sued  for  before  any  justice  or  in  any  court  proper  to 
try  the  same,  by  the  treasurer  of  the  corporation  or  other  officer 
whom  they  may  direct,  to  the  use  of  said  corporation.  And  such 
offender  or  offenders  shall  be  liable  to  indictment  by  the  grand  jury 


284  LEWISTON   AND   TOPSHAM   RAILROAD    COMPANY. 

of  the  county  within  which  such  trespass  shall  have  been  com- 
mittedj  for  any  oifence  or  offences  contrary  to  the  above  provisions, 
and  upon  conviction  thereof  before  any  court  competent  to  try  the 
same,  shall  pay  a  fine  not  exceeding  five  hundred  dollars  to  the 
use  of  the  State,  or  may  be  imprisoned  for  a  term  not  exceeding 
five  years,  at  the  discretion  of  the  court  before  whom  such  convic- 
tion may  be  had. 

Sect.  14.  Said  corporation  shall  keep  in  a  book  for  that  pur- 
pose, a  regular  account  of  all  disbursements,  expenditures,  and 
receipts,  and  the  books  of  said  corporation  shall  at  all  times  be 
open  to  the  inspection  of  the  governor  and  council,  and  of  any 
committee  duly  authorized  by  the  legislature,  and  at  the  expiration 
of  every  year,  the  treasurer  of  said  corporation  shall  make  an 
exhibit  under  oath  to  the  legislature,  of  the  net  profits  derived 
from  the  income  of  said  railroad. 

Sect.  15.  All  real  estate  purchased  by  said  corporation  for  the 
use  of  the  same,  under  the  fifth  section  of  this  Act,  shall  be  tax- 
able to  said  corporation  by  the  several  towns,  cities,  and  planta- 
tions in  which  said  lands  lie,  in  the  same  manner  as  lands  owned 
by  private  persons,  and  shall  in  the  valuation  list  be  estimated  the 
same  as  other  real  estate  of  the  same  quality,  in  such  city,  town, 
or  plantation  and  not  otherwise,  and  the  shares  owned  by  the 
respective  stockholders,  shall  be  deemed  personal  estate  and  be 
taxable  as  such  to  the  owners  thereof  in  the  places  where  they 
reside  and  have  their  homes.  And  whenever  the  net  income  of 
said  corporation  shall  have  amounted  to  ten  per  centum  per  an- 
num upon  the  cost  of  the  road,  and  its  appendages  and  incidental 
expenses,  the  directors  shall  make  a  special  report  of  the  fact  to 
the  legislature,  from  and  after  which  time  one  moiety,  or  such  other 
portion  as  the  legislature  may  from  time  to  time  determine,  of  the 
net  income  of  said  railroad  accruing  thereafter  over  and  above  ten 
per  centum  per  annum,  first  to  be  paid  to  the  stockholders,  shall 
annually  be  paid  over  by  the  treasurer  of  said  corporation  as  a  tax 
into  the  treasury  of  the  State,  for  the  use  of  the  State.  And  the 
State  may  have  and  maintain  an  action  against  said  corporation 
therefor  to  recover  the  same.  But  no  other  tax,  than  herein  is 
provided,  shall  ever  be  levied  or  assessed  on  said  corporation  or 
any  of  their  privileges  or  franchises. 

Sect.  16.  The  annual  meeting  of  the  members  of  said  corpora- 
tion shall  be  holden  on  the  first  Monday  of  September,  or  such 
other  day  as  shall  be  determined  by  the  by-laws,  at  such  time  and 


MAINE.  285 

place  as  the  directors  for  the  time  being  shall  appoint,  at  which 
meeting  the  directors  shall  be  chosen  by  ballot,  each  proprietor  by 
himself  or  proxy  being  entitled  to  as  many  votes  as  he  holds 
shares.  And  the  directors  are  hereby  authorized  to  call  special 
meetings  of  the  stockholders  whenever  they  shall  deem  it  expedient 
and  proper,  giving  such  notice  as  the  corporation  by  their  by-laws 
shall  direct. 

Sect.  17.  The  legislature  shall  at  all  times  have  the  right  to 
inqnire  into  the  doings  of  the  corporation,  and  into  the  manner  in 
which  the  privileges  and  franchises  herein  and  hereby  granted 
may  have  been  used  and  employed  by  said  corporation,  and  to 
correct  and  prevent  all  abuses  of  the  same  and  to  pass  any  laws 
imposing  fines  and  penalties  upon  said  corporation,  which  may  be 
necessary  more  effectually  to  compel  a  compliance  with  the  pro- 
visions, liabilities,  and  duties  hereinbefore  set  forth  and  enjoined, 
but  not  to  impose  any  other  or  further  duties,  liabilities,  or  obhga- 
tions. 

Sect.  18.  If  the  said  corporation  shall  not  have  been  organized 
and  the  location  according  to  actual  survey  of  the  ronte  filed  with 
the  county  commissioners  of  the  counties  through  which  the  same 
shall  pass  on  or  before  the  thirty- first  day  of  December,  in  the 
year  of  our  Lord,  one  thousand  eight  hundred  and  fifty-three,  or  if 
said  corporation  shall  fail  to  complete  said  railroad  on  or  before 
the  thirty-first  day  of  December,  in  the  year  of  our  Lord,  one 
thousand  eight  hundred  and  sixty-one,  in  either  of  the  abovemen- 
tioned  cases,  this  Act  shall  be  null  and  void.  Approved,  A^igusi 
10,  1848. 


THE   SOMERSET   AND   KENNEBEC   HAILROAD    COMPANY. 

INCORPORATED    IN    MAINE    IN    1848. 

Chapter  187  of  the  Special  Laws  of  1848  contains  the  Charter. 

Sect.  1  grants  corporate  powers,  and  authorizes  the  Company  to  construct  a  railroad 
on  the  route  described ;  also  to  enter  upon  and  use  lands,  and  take  materials 
necessary  for  its  construction,  paying  therefor  damages,  if  not  agreed,  to  be  deter- 
mined by  the  County  Commissioners ;  but  ajoplication  for  such  assessment  must  be 
made  within  three  years  from  the  time  of  taking  the  lands ;  the  Company  may 
remove  trees  likely  to  obstruct  the  road. 

Sect.  2  provides  that  the  capital  stock  shall  consist  of  not  less  than  1500  nor  more 


286  THE    SOMERSET    AND    KENNEBEC    RAILROAD    COMPANY. 

than  8000  shares,  and  vests  the  government  of  the  Company's  affairs  in  nine, 
eleven,  or  thirteen  directors,  who  shall  choose  necessary  officers ;  books  shall  be 
opened  for  receiving  subscriptions ;  any  seven  persons  named  in  section  1  may 
organize  the  Company. 

Sect.  3  authorizes  guardians  of  any  infant,  person  iwn  compos  mentis,  or  feme  covert, 
whose  husband  is  under  guardianship,  to  release  claims  for  damages  arising  from 
taking  land. 

Sect.  4  defines  the  powers  and  duties  of  the  directors ;  it  authorizes  them  to  pre- 
scribe the  time  and  amount  of  payments  to  be  made  on  shares,  and  to  sell  the 
shares  of  any  delinquent  subscriber. 

Sect.  5  grants  to  the  corporation  a  toll  on  all  persons  and  propertj''  transported,  the 
Directors  prescribing  the  rates  of  toll  and  other  necessary  regulations. 

Sect.  6  provides  that  the  Legislature  may  authorize  other  companies  to  connect  their 
road  with  this,  and  this  Company  shall  transport  all  persons  and  property  con- 
veyed over  such  road,  for  the  established  rates  of  toll  on  this  road. 

Sect.  7  requires  this  railroad  to  be  so  constructed,  where  it  crosses  any  private  way, 
highway,  canal,  or  railroad,  as  not  to  obstruct  the  same  ;  and  the  Company  may 
raise  or  lower  any  such  way,  and  erect  gates  thereon. 

Sect.  8  requires  the  Company  to  maintain  sufficient  fences  on  each  side  of  the  road. 

Sect.  9  requires  them  to  transport  the  U.  S.  Mail,  for  a  compensation,  if  not  agreed, 
to  be  determined  by  the  Legislature ;  it  also  requires  them  to  keep  the  road  in 
good  repair,  and  to  provide  suitable  vehicles  ;  but  they  shall  not  be  required  to 
transport  over  their  road  vehicles  or  goods  from  other  roads,  except  such  as  are 
connected  with  it. 

Sect.  10  provides,  if  any  person  wilfully  injure  said  railroad  or  appurtenances,  or 
obstruct  the  road,  that  he  shall  forfeit  to  the  Company  treble  the  damages  sus- 
tained, and  shall  be  liable  to  iiidictment. 

Sect.  11  requires  the  Company  to  keep  regular  accounts  of  receipts  and  expenditures, 
and  to  make  an  annual  report  to  the  Legislature  of  the  profits  of  the  road. 

Sect.  12  provides  that  the  Company's  real  estate  shall  be  taxed  to  them  where  it  is 
situated,  and  the  shares  shall  be  personal  estate,  taxable  to  the  owners ;  when  the 
net  income  exceeds  10  per  cent,  per  annum  on  the  cost  of  the  road,  the  Company 
shall  pay  some  portion  thereof  to  the  State ;  but  no  other  tax  shall  be  required. 

Sect.  13  fixes  the  time  of  the  annual  meeting,  when  Directors  shall  be  chosen ;  they 
are  authorized  to  call  special  meetings. 

Sect.  14  authorizes  the  Legislature  to  inquire  into  the  doings  of  the  Company,  and 
to  impose  fines,  but  no  further  duties. 

Sect.  15  provides,  if  the  Company  be  not  organized  and  the  location  filed  on  or 
before  December  31,  1852,  and  the  road  completed  on  or  before  December  31, 
1858,  that  this  Act  shall  be  void. 


Laws  of  1848,  Chap.  187. 
An  Act  to  incorporate  the  Somerset  and  Kennebec  RaUroad  Company. 

Sect.  1.  Be  it  enacted^  &i'c.  That  William  R.  Flint  James  T. 
Leavitt,  Stephen  Weston,  of  Madison,  Daniel  Stewart,  Jndah 
McLellan,  James  B.  Dascomb,  Drummond  Farnsworih,  John  S. 


MAINE.  287 

Tenney,  John  S.  Abbot,  Moses  Littlefield,  Henry  P.  Pratt,  Frank- 
lin Smith,  Ehsha  Coolidge,  WilUam  Lowell,  Horatio  Cross,  Wil- 
liam Rowell,  Chandler  Baker,  Joseph  Spaiilding,  Charles  B.  Foster, 
William  Connor,  Ezra  Totman,  R.  K.  J.  Porter,  B.  T.  Densmore, 
and  Abner  Coburn,  Daniel  Bunker,  George  C.  Getchell,  of  North 
Anson,   Thomas  H.  Weston,  Nathan  Weston,  of  West  Madison, 
James  M.  Hilton,  of  Starks,  Alpheus  Lyon,  Ivory  Low,  Joseph  S. 
Clark,  of  Fairfield,   David  White,    W.   M.   E.   Brown,  of  Solon, 
Edward  Webster,  of  Carratunk,  Moses  E.  Pike,  of  Norridgewock, 
Edward  McLellan,  Hiram  Getchell,  of  Skowhegan,  Daniel  Snow, 
of  Bloomfield,  their  associates,  successors,  and  assigns,  are  hereby 
made  and  constituted  a  body  politic  and  corporate,  by  the  name  of 
the  Somerset  and  Kennebec  Railroad  Company,  and  by  that  name 
may  sue  and  be  sued,  plead  and  be  impleaded,  and  shall  have  and 
enjoy  all  proper  remedies  at  law  and  in  equity  to  secure  and  pro- 
tect them  in  the  exercise  and  use  of  the  rights  and  privileges  and 
in  the  performance  of  the  duties  hereinafter  granted  and  enjoined, 
and  to  prevent  all  invasions   thereof  or  interruptions  in  exercising 
and  performing  the  same.     And  the  said  corporation  are  hereby 
authorized,  and  empowered  to  locate,  construct,  and  finally  com- 
plete, alter,  and  keep  in  repair  a  railroad  with  one  or  more  sets 
of  rails,  or  tracks,  with  all  suitable  bridges,  tunnels,  viaducts, 
turnouts,  culverts,  drains,  and  all  other  necessary  appendages,  from 
some  point  in  the  county  of  Somerset  at  or  near  Carratunk  Falls, 
thence  down  the  valley  of  the  Kennebec  River  through  either  of  the 
towns  adjacent  to  said  river,  passing  through  the  villages  in  the 
towns  of  North  Anson,  Norridgewock,  Bloomfield  or  Skowhegan, 
and  Kendall's  Mills,  in  Fairfield,  to  the  town  of  Waterville  near 
the  Ticonic  falls  in  the  county  of  Kennebec;  with  the  right  to  con- 
nect with  the  Androscoggin  and  Kennebec  Railroad  at  Waterville, 
and  the  right  to  connect  with  the  Penobscot  and  Kennebec,  or  the 
Belfast  and  Waterville  Railroad  at  some  convenient  point  in  the 
town  of  Sebasticook  or  Clinton,  and  with  the  right  to  extend  their 
said  railroad,  on  either  side  of  the  Kennebec  River,  and  to  connect 
the  same  with  the  Kennebec  and  Portland  Railroad  at  some  point 
in  Augusta,  north  of  the  Kennebec  bridge,  if  the  Penobscot  and 
Kennebec  Railroad  Company  shall  not  locate  and  make  their  rail- 
road to  Augusta  within   the  times  limited  in  their  charier  for  so 
doing.      And  said  corporation  shall  be  and   hereby  are  invested 
with  all  the  powers,  privileges,  and  immunities,  which  are  or  may 
be  necessary  to  carry  into  efiect  the  purposes  and  objects  of  this 


288  THE    SOMERSET   AND   KENNEBEC    RAILROAD    COMPANY. 

Act  as  herein  set  forth.  And  for  this  pnrpose  said  corporation  shall 
have  the  right  to  purchase,  or  to  take  and  hold  so  much  of  the 
land  and  other  real  estate  of  private  persons  and  corporations  as 
may  he  necessary  for  the  location,  construction,  and  convenient 
operation  of  said  railroad;  and  they  shall  also  have  the  right  to 
take,  remove,  and  use,  for  the  construction  and  repair  of  said  rail- 
road and  appurtenances,  any  earth,  gravel,  stone,  timber,  or  other 
materials  on  or  from  the  land  so  taken  ;  pj-ovided,  however,  that  said 
land  so  taken  shall  not  exceed  six  rods  in  width  except  where 
greater  width  is  necessary  for  the  purpose  of  excavation  or  embank- 
ment ;  and  provided,  also,  that  in  all  cases  said  corporation  shall 
pay  for  such  lands,  estate,  or  material  so  taken  and  used,  such 
price  as  they  and  the  owner  or  respective  owners  thereof  may 
mutually  agree  on ;  and  in  case  said  parties  shall  not  otherwise 
agree,  then  said  corporation  shall  pay  such  damages  as  shall  be 
ascertained  and  determined  by  the  county  commissioners  for  the 
county  where  such  land  or  other  property  may  be  situated,  in  the 
same  manner  and  under  the  same  conditions  and  limitations  as  are 
by  law  provided  in  the  case  of  damages  by  the  laying  out  of  high- 
ways. And  the  land  so  taken  by  said  corporation  shall  be  held  as 
lands  taken  and  appropriated  for  highways.  And  no  application 
to  said  commissioners  to  estimate  said  damages  shall  be  sustained 
unless  made  within  three  years  from  the  time  of  taking  such  land 
or  other  property;  and  in  case  such  railroad  shall  pass  through 
any  woodlands,  or  forests,  the  said  company  shall  have  a  right  to 
fell  or  remove  any  trees  standing  therein  within  four  rods  of  such 
road,  which  by  their  liability  to  be  blown  down,  or  from  their 
natural  falling,  might  obstruct,  or  impair  said  railroad,  by  paying 
a  just  compensation  therefor;  to  be  recovered  in  the  same  manner 
as  provided  for  the  recovery  of  other  damages  in  this  Act. 

Sect.  2.  The  capital  stock  of  said  corporation  shall  consist  of 
not  less  than  fifteen  hundred  nor  more  than  eight  thousand  shares: 
and  the  immediate  government  and  direction  of  the  affairs  of  said 
corporation  shall  be  vested  in  nine,  eleven,  or  thirteen  directors, 
who  shall  be  chosen  by  the  members  of  said  corporation  in  the 
manner  hereinafter  provided,  and  shall  hold  their  office  until  others 
shall  have  been  duly  elected  and  qualified  to  take  their  place,  a 
majority  of  whom  shall  form  a  quorum  for  the  transaction  of  busi- 
ness, and  they  shall  elect  one  of  their  number  to  be  president  of  the 
corporation,  and  shall  have  autho^rity  to  choose  a  clerk  who  shall 
be  sworn  to  the  faithful  discharge  of  his  duty;  and  a  treasurer 


MAINE.  289 

who  shall  be  sworn,  and  also  give  bonds  to  the  corporation  with 
sureties  to  the  satisfaction  of  the  directors  in  a  sum  not  less  than 
ten  thousand  dollars,  for  the  faithful  discharge  of  his  trust.  And 
for  the  purpose  of  receiving  subscription  to  the  said  stock,  books 
shall  be  opened  under  the  direction  of  the  persons  named  in  the 
first  section  of  this  Act,  at  such  time  as  they  may  determine,  in 
the  towns  of  North  Anson,  Norridgewock,  Skowhegan,  and  Water- 
ville  and  elsewhere  as  they  shall  appoint,  to  remain  open  for  five 
successive  days,  at  least,  of  which  time  and  place  of  subscription 
public  notice  shall  be  given  in  one  or  more  of  the  newspapers 
printed  in  the  county  of  Somerset  or  in  the  county  of  Kennebec, 
ten  days  at  least  before  the  opening  of  such  subscription.  And 
any  seven  of  the  persons  named  in  the  first  section  of  this  Act  are 
hereby  authorized  to  call  the  first  meeting  of  said  corporation  for 
the  choice  of  directors  and  organization,  by  giving  notice  in  one  or 
more  newspapers  published  as  above  named,  of  the  time  and  place 
and  the  purposes  of  such  meeting,  at  least  fourteen  days  before  the 
time  mentioned  in  such  notice. 

Sect.  3.  When  said  corporation  shall  take  any  land  or  other 
estate  as  aforesaid  of  any  infant,  person  non  cotJipos  mentis,  or 
feme  covert  whose  husband  is  under  guardianship,  the  guardian 
of  such  infant  or  person  7ion  compos  mentis,  and  such  feme  covert, 
with  the  guardian  of  her  husband,  shall  have  full  power  and  au- 
thority to  agree  and  settle  with  said  corporation  for  damages  or 
claims  by  reason  of  taking  such  land  and  estate  as  aforesaid,  for 
damages  and  give  good  and  valid  releases  and  discharges  therefor. 

Sect.  4.  The  president  and  directors  for  the  time  being  are 
hereby  authorized  and  empowered,  by  themselves  or  their  agents,  to 
exercise  all  the  powers  herein  granted  to  the  corporation  for  the 
purpose  of  locating,  constructing,  and  completing  said  railroad, 
and  for  the  transportation  of  persons,  goods,  and  property  of  all 
descriptions,  and  all  such  powers  and  authority  for  the  manage- 
ment of  the  affairs  of  the  corporation  as  may  be  necessary  and 
proper  to  carry  into  eff'ect  the  objects  of  this  grant,  to  purchase 
and  hold  land,  materials,  engines,  and  cars,  and  other  necessary 
things  in  the  name  of  the  corporation  for  the  use  of  said  road  and 
for  the  transportation  of  persons,  goods,  and  property  of  all  de- 
scriptions, to  make  such  equal  assessment  from  time  to  time  on  all 
the  shares  in  said  corporation  as  tliey  may  deem  expedient  and 
necessary  in  the  execution  and  the  progress  of  the  work,  and  di- 
rect the  same  to  be  paid  to  the  treasurer  of  the  corporation.  And 
25 


290        THE    SOMERSET    AND    KENNEBEC    RAILROAD     COMPANY. 

the  treasurer  shall  give  notice  of  all  such  assessments,  and  in  case 
any  subscriber  or  stockholder  shall  neglect  to  pay  any  assessment 
on  his  share  or  shares,  for  the  space  of  thirty  days  after  such  notice 
is  given  as  shall  be  prescribed  by  the  by-laws  of  the  corporation, 
the  directors  may  order  the  treasurer  to  sell  such  share  or  shares 
at  public  auction,  after  giving  such  notice  as  may  be  prescribed  as 
aforesaid  to  the  highest  bidder,  and  the  same  shall  be  transferred 
to  the  purchaser ;  and  such  delinquent  subscriber,  or  stockholder 
shall  be  held  accountable  to  the  corporation  for  the  balance,  if  his 
share  or  shares  shall  sell  for  less  than  the  assessments  due  thereon 
with  the  interest  and  costs  of  sale,  and  shall  be  entitled  to  the 
overplus,  if  his  share  or  shares  shall  sell  for  more  than  the  assess- 
ments due  with  interest  and  costs  of  sale;  Provided  however^  that 
no  assessment  shall  be  laid  upon  any  shares  in  said  corporation,  of 
a  greater  amount  in  the  whole  than  one  hundred   dollars. 

Sect.  5.  A  toll  is  hereby  granted  and  established  for  the  sole 
benefit  of  said  corporation  upon  all  passengers  and  property  of  all 
descriptions,  which  may  be  conveyed  or  transported  by  them  upon 
said  road,  at  such  rate  as  may  be  agreed  upon  and  established  from 
time  to  time  by  the  directors  of  said  corporation.  The  transporta- 
tion of  persons  and  property,  the  construction  of  wheels,  the 
form  of  cars,  and  carriages,  the  weights  of  loads,  and  all  other 
matters  and  things  in  relation  to  said  road,  shall  be  in  conformity 
with  such  rules,  regulations,  and  provisions  as  the  directors  shall 
from  time  to  time  prescribe  and  direct. 

Sect.  6.  The  legislature  may  authorize  any  other  company  or 
companies  to  connect  any  other  railroad,  or  railroads,  with  the  rail- 
road of  said  corporation,  at  any  points  on  the  route  of  said  rail- 
road. And  said  corporation  shall  receive  and  transport  all  persons, 
goods,  and  property,  of  all  descriptions,  which  may  be  carried  and 
transported  to  the  railroad  of  said  corporation,  on  such  other  rail- 
roads as  may  be  hereafter  authorized  to  be  connected  therewith,  at 
the  same  rates  of  toll  and  freight,  as  may  be  prescribed  by  said 
corporation,  so  that  the  rates  of  freight  and  toll  of  such  passen- 
gers, goods,  and  other  property  as  may  be  received  from  such  other 
railroads  so  connected  with  said  railroad  as  aforesaid,  shall  not  ex- 
ceed the  general  rates  of  freight  and  toll  on  said  railroad  received 
for  freight  and  passengers  at  any  of  the  deposits  of  said  corpora- 
tion. 

Sect.  7.  If  any  railroad  in  the  course  thereof  shall  cross  any 
private  way,  the  said  corporation  shall  so  construct  said  railroad 


MAINE.  291 

as  not  to  obstruct  the  safe  and  convenient  use  of  such  private  way; 
and  if  the  said  raih'oad  shall  in  the  course  thereof,  cross  any  canal, 
railroad,  or  other  highway,  the  said  railroad  shall  be  so  constructed 
as  not  to  obstruct  the  safe  and  convenient  use  of  such  canal,  or 
highway ;  and  the  said  corporation  shall  have  power  to  raise  or 
lower  such  highway,  or  private  way,  so  that  the  said  railroad, 
if  necessary,  may  conveniently  pass  over  or  under  the  same,  and 
erect  such  gate  or  gates  thereon,  as  may  be  necessary  for  the  safety 
of  travellers  on  said  railroad,  highway,  or  private  way,  and  shall 
keep  all  bridges  and  embankments  necessary  for  the  same  in  good 
repair. 

Sect.  8.  Said  railroad  corporation  shall  erect  and  maintain  sub- 
stantial, legal  and  sufficient  fences  on  each  side  of  the  land  taken 
by  them  for  their  railroad,  where  the  same  passes  through  enclosed 
or  improved  lands,  or  lands  that  may  be  hereafter  improved. 

Sect.  9.  The  said  corporation  shall  at  all  times,  when  the  post- 
master-general shall  require  it,  be  holden  to  transport  the  mail  of 
the  United  States  from  and  to  such  place  or  places  on  said  road  as 
may  be  required,  for  a  fair  and  reasonable  compensation.  And  in 
case  the  corporation  and  the  postmaster-general  shall  be  unable  to 
agree  upon  the  compensation  aforesaid,  the  legislature  of  the  State 
shall  determine  the  same.  And  said  corporation,  after  they  shall 
commence  the  receiving  of  tolls,  shall  be  boimd  at  all  times  to  have 
said  railroad  in  good  repair,  and  a  sufficient  number  of  suitable 
engines,  carriages,  and  vehicles,  for  transport-ation  of  persons,  and 
articles,  and  be  obliged  to  receive  at  all  proper  times  and  places,  and 
convey  the  same,  when  the  appropriate  tolls  therefor  shall  be  paid  or 
tendered  ;  and  a  lien  is  hereby  created  on  all  articles  transported  for 
said  tolls.  And  said  corporation,  fuliSlling  on  its  part  all  and  sin- 
gular the  several  obligations  and  duties  by  this  section  imposed  and 
enjoined  upon  it,  shall  not  be  held  or  bound  to  allow  any  engine, 
locomotive,  cars,  carriages,  or  other  vehicle  for  the  transportation 
of  persons  or  merchandise  to  pass  over  said  railroad,  other  than  its 
own,  furnished  and  provided  for  that  purpose  as  herein  enjoined, 
and  required  ;  provided  hoivever,  that  said  corporation  shall  be  un- 
der obligations  to  transport  over  said  road,  the  passenger  and  other 
cars  of  any  other  incorporated  company  that  may  hereafter  con- 
struct a  railroad  connecting  with  that  hereby  authorized,  such 
other  company  being  subject  to  all  the  provisions  of  the  fifth  and 
sixth  sections  of  this  Act  as  to  rates  of  toll,  and  all  other  particu- 
lars enumerated  in  said  sections. 


292  THE    SOMERSET   AND   KENNEBEC   RAILROAD    COMPANY. 

Sect.  10.  If  any  person  shall  wilfully,  maliciously,  or  wantonly, 
and  contrary  to  law,  obstruct  the  passage  of  any  carriages  on  such 
railroad,  or  in  any  way  spoil,  injure  or  destroy  said  railroad,  or  any 
part  thereof,  or  any  thing  belonging  thereto,  or  any  materials,  or 
implements  to  be  employed  in  the  construction  of,  or  for  the  use  of 
said  road,  he,  she,  or  they,  or  any  person  or  persons  assisting,  aid- 
ing, or  abetting  such  trespass,  shall  forfeit  and  pay  to  said  corpora- 
tion for  every  such  offence,  treble  such  damages  as  shall  be  proved 
before  the  justice,  court,  or  jury,  before  whom  the  trial  shall  be 
had,  to  be  sued  for  before  any  justice  or  in  any  court  proper  to  try 
the  same,  by  the  treasurer  of  the  corporation,  or  other  officer 
whom  they  may  direct,  to  the  use  of  said  corporation.  And  such 
offender  or  offenders  shall  be  liable  to  indictment  by  the  grand  jury 
of  the  county  within  which  trespass  shall  have  been  committed, 
for  any  offence  or  offences  contrary  to  the  above  provisions ;  and 
upon  conviction  thereof  before  any  court  competent  to  try  the  same, 
shall  pay  a  fine  not  exceeding  five  hundred  dollars,  to  the  use  of 
the  State,  or  may  be  imprisoned  for  a  term  not  exceeding  five  years, 
at  the  discretion  of  the  court,  before  whom  such  conviction  may 
be  had. 

Sect.  11.  Said  corporation  shall  keep  in  a  book  for  that  purpose, 
a  regular  account  of  all  their  disbursements,  expenditures,  and  re- 
ceipts, and  the  books  of  said  corporation  shall  at  all  times  be  open 
to  the  inspection  of  the  governor  and  council,  and  of  any  commit- 
tee duly  authorized  by  the  legislature,  and  at  the  expiration  of 
every  year  the  treasurer  of  said  corporation,  shall  make  an  exhibit 
under  oath  to  the  legislature  of  the  profits  derived  from  the  income 
of  said  railroad. 

Sect.  12.  All  real  estate  purchased  by  said  corporation,  for  the 
use  of  the  same,  under  the  fourth  section  of  this  Act,  shall  be  tax- 
able to  said  corporation  by  the  several  cities,  towns,  and  planta- 
tions, in  which  said  land  lies,  in  the  same  manner  as  lands  owned 
by  private  persons,  and  shall  in  the  valuation  list,  be  estimated 
the  same  as  other  adjacent  lands  of  the  same  quality,  in  such  city, 
town,  or  plantation,  and  not  otherwise,  and  the  shares  owned  by 
the  respective  stockholders,  shall  be  deemed  personal  estate,  and 
be  taxable  as  such  to  the  owners  thereof,  in  the  places  where  they 
reside,  and  have  their  homes.  And  whenever  the  net  income  of 
said  corporation  shall  have  amounted  to  ten  per  centum  per  annum 
upon  the  cost  of  the  road,  and  its  appendages  and  incidental  ex- 
penses, the  directors  shall  make  a  special  report  of  the  fact  to  the 


MAINE..  203 

legislature,  from  and  after  which  time  one  moiety  or  such  other  por- 
tion as  the  legislature  may  from  time  to  time  determine  of  the  net  in- 
come of  said  railroad,  accruing  thereafter,  over  and  above  ten  per 
centum  per  annum,  first  to  be  paid  to  the  stockholders,  shall  annu- 
ally be  paid  over  by  the  treasurer  of  said  corporation  as  a  tax  into  the 
treasury  of  the  State,  for  the  use  of  the  State ;  and  the  State  may 
have  and  maintain  an  action  against  said  corporation  therefor,  to 
recover  the  same;  but  no  other  tax  than  herein  is  provided  shall 
ever  be  levied  or  assessed  on  said  corporation  or  any  of  their  privi- 
leges or  franchises. 

Sect.  13.  The  annual  meeting  of  the  members  of  said  corpora- 
tion shall  be  holden  on  the  first  Monday  in  August,  or  such  other 
day  as  shall  be  determined  by  the  by-laws,  at  such  time  and  place 
as  the  directors  for  the  time  being  shall  appoint,  at  which  meeting 
the  directors  shall  be  chosen,  by  ballot,  each  proprietor  by  himself 
or  proxy  being  entitled  to  as  many  votes  as  he  holds  shares  ;  and 
the  directors  are  hereby  authorized  to  call  special  meetings  of  the 
stockholders,  whenever  they  shall  deem  it  expedient  and  proper, 
giving  such  notice  as  the  corporation  by  their  by-laws  shall  direct. 

Sect.  14.  The  legislature  shall  at  all  times  have  the  right  to  in- 
quire into  the  doings  of  the  corporation  and  into  the  manner  in 
which  the  privileges  and  franchises  herein  and  hereby  granted 
may  have  been  used  and  eniployed  by  said  corporation ;  and  to 
correct  and  prevent  all  abuses  of  the  same  and  to  pass  any  laws 
imposing  fines  and  penalties  upon  said  corporation  which  may  be 
necessary  more  effectually  to  compel  a  compliance  with  the  provi- 
sions, liabilities,  and  duties,  hereinbefore  set  forth  and  enjoined, 
but  not  to  impose  any  other  or  further  duties,  liabilities,  or  obliga- 
tions. 

Sect.  15.  If  the  said  corporation  shall  not  have  been  organized 
and  the  location  according  to  actual  survey  of  the  route  filed  with 
the  county  commissioners  of  the  counties  through  which  the  same 
shall  pass,  on  or  before  the  thirty-first  day  of  December,  in  the 
year  of  our  Lord  one  thousand  eight  hundred  and  fifty-two,  or  if 
the  said  corporation  shall  fail  to  complete  said  railroad  to  North 
Anson,  on  or  before  the  thirty-first  day  of  December,  in  the  year 
of  our  Lord  one  thousand  eight  hundred  and  fifty-eight,  in  either 
of  the  above-mentioned  cases  this  Act  shall  be  null  and  void.  Ap- 
proved, August  10,  1848. 

25* 


294  GENERAL   LAWS    CONCERNING   RAILROADS. 


GENERAL  LAWS  OF  MAINE  RESPECTING  RAILROAD  AND  OTHER 

CORPORATIONS. 

Chapter  503  of  the  General  Laws  of  1831,  provides  that  all  Acts  of  Incorporation  passed 
hereafter  shall  be  liable  to  be  amended,  altered,  or  repealed,  as  if  an  express  provision 
to  that  effect  toere  therein  contained,  U7iless  an  express  limitation  to  the  contrary  he 
therein  inserted. 

Chapter  200  of  the  General  Laws  of  1836,  contains  other  provisions  respecting  Corporations. 

Sect.  1  describes  the  powers  of  aU  Corporations  hereafter  created. 

Sect.  2  prescribes  the  manner  in  which  they  shall  be  organized. 

Sect.  3  proYides  that  shareholders  in  all  Corporations,  except  Banking  Coi-porations, 
shall  be  liable  for  the  debts  of  such  Corporations,  unless  it  is  otherwise  specially 
provided  in  the  Act  of  Incorporation  ;  and  in  case  of  deficiency  of  property,  they 
shall  be  so  liable,  to  the  amount  of  their  stock,  for  one  year  after  the  transfer  in 
the  books  of  the  Corporation,  and  for  six  months  after  judgment  recovered  against 
said  Corporation  in  any  suit  commenced  within  said  year,  and  their  property  may 
be  taken  in  execution  therefor. 

Sect.  4  requires  the  officer  having  said  execution,  to  appropriate  corporate  property 
to  the  satisfaction  thereof,  if  sufficient ;  if  not  sufficient,  to  give  forty-eight  hours' 
notice  to  the  stockholder,  or  his  agent  or  the  Clerk  of  the  Corporation  if  he  reside 
out  of  the  State ;  and,  if  such  stockholder  disclose  to  the  officer  sufficient  corpo- 
rate power  to  satisfy  said  execution,  his  individual  property  shall  be  exempt 
therefrom. 

Sect.  5  gives  to  such  stockholder  his  remedy  at  law,  or  in  equity,  against  said  Cor- 
poration ;  or,  in  case  of  a  deficiency  of  corporate  property  to  satisfy  such  execu- 
tion, he  may  have  his  remedy  for  contribution  against  the  other  stockholders. 

Sect.  6  requires  the  Clerk  of  said  Corporation  to  furnish  such  officer,  on  demand, 
with  the  names  and  places  of  abode  of  the  stockholders. 

Sect.  7  enacts  that  these  provisions  shall  not  affect  other  laws  respecting  corpora- 
tions not  inconsistent  herewith,  and  that  this  Act  shall  take  effect  immediately. 

Chap,  204  of  the  General  Laws  of  1836  contains  an  Act  defining  certain  rights  and 

duties  of  Railroad  Corporations. 

Sect.  1  authorizes  Railroad  Corporations,  heretofore  established  or  hereafter  to  be 
established,  to  take  and  hold  real  estate  and  remove  materials  necessary  for  the  con- 
struction of  their  railroads,  provided  land  so  taken  shall  not  exceed  four  rods  in 
width,  except  when  necessary  for  excavations  or  embankments  ;  and  provided 
such  Corporations  shall  make  to  the  owners  of  property  so  taken  adequate  com- 
pensation, when  not  agreed  by  the  parties,  to  be  determined  by  the  County  Com- 
missioners, in  the  same  manner  as  in  the  case  of  highways,  such  land  to  be  held 
as  land  taken  for  highways  ;  application  to  the  Commissioners  therefor  to  be  made 
•within  three  years  from  the  time  of  taking  the  property,  or  if  already  taken, 
within  one  year  from  the  passage  of  this  Act,  but  no  dwelling-house,  meeting- 


MAINE.  295 

house,  or  public  or  private  burying  ground,  shall  be  so  taken,  except  with  the 
consent  of  the  owners  or  proprietors. 

Sect.  2  provides  that  said  Corporations  shall,  when  required,  furnish  security  to  said 
Commissioners  for  all  damages  and  costs  ;  and  their  right  to  use  said  property  so 
taken  shall  be  suspended  till  such  security  is  given. 

Sect.  3  authorizes  the  guardian  of  an  infant  or  person  non  compos  mentis,  a  feme 
covert,  whose  husband  is  under  guardianship,  and  his  guardian,  to  release  claims 
for  land  damages. 

Sect.  4  empowers  such  Corporations  to  raise  or  lower  any  turnpike,  highwaj',  or 
private  way,  if  necessary,  being  required  to  put  them  in  good  repair  and  give 
notice  thereof  to  the  selectmen  of  the  towns  and  the  proprietors  of  the  turnpike ; 
and  after  written  notice  thereof,  they  shall  make  such  alterations  therein  as  may 
be  necessary  in  the  opinion  of  the  County  Commissioners,  if  not  agreed  by  the 
parties  ;  the  costs  of  such  proceedings  before  the  Commissioners  to  be  paid  to  the 
prevailing  party ;  and  if  such  Corporations  shall  fail  to  make  said  alterations,  said 
proprietors  or  selectmen  may  maintain  an  action  on  the  case  for  their  damages, 
within  one  year  from  the  time  of  the  injury. 

Sect.  5  provides  that  they  may  alter  the  course  of  any  highway,  for  the  purpose  of 
facilitating  such  crossings,  under  the  direction  of  the  County  CommLssioners ;  or 
they  may  first  obtain  the  approbation  of  the  Commissioners,  who  shall,  after  due 
notice  to  parties  interested,  direct  the  mode  of  performing  the  work,  and  their 
decision  shall  be  final ;  and  said  Corporation  shall  provide  suitable  temporary  ways, 
during  the  performance  of  said  work. 

Sect.  6  empowers  said  Corporations  to  conduct  their  railroads  across,  over,  or  under 
any  railroad  or  canal,  when  necessary,  so  as  not  to  impede  travel  thereon;  and 
they  shall  be  hable  for  damages  occasioned  by  said  crossings. 

Sect.  7  requires  them  to  place  on  each  locomotive  engine  a  bell,  weighing  thirty- 
five  pounds,  and  prescribes  the  mode  of  ringing  such  bells  ;  it  also  requires  signs 
to  be  placed  at  all  crossings,  to  warn  travellers  of  the  approach  of  the  train,  and 
gates  to  be  erected,  and  an  agent  appointed  to  open  and  close  them,  at  stations 
where  the  municipal  ofiicers  of  any  city  or  town  may  deem  it  necessary,  first  giv- 
ing the  Railroad  Corporation  written  notice  thereof ;  if  they  fail  to  comply, 
such  city  or  town  may  apply  to  the  County  Commissioners,  whose  decision  shall 
be  final,  and  the  costs  shall  be  paid  by  the  party  failing  in  the  application. 

Sect.  8  enacts  that  any  Railroad  Corporations  failing  to  comply  with  any  jirovision 
of  the  preceding  section  shall  forfeit  to  the  State  a  sum  not  exceeding  $500,  to  be 
recovered  by  indictment ;  and  that  any  such  agent  failing  to  perform  his  duties 
shall  forfeit  a  sum  not  exceeding  $50,  to  be  recovered  as  aforesaid,  and  said  Cor- 
porations shall  also  be  li  ible  for  all  damages  occasioned  thereby  or  by  negligent 
mismanagement  of  engines,  to  be  recovered  in  an  action. 

Sect.  9  provides  that  shares  in  Railroad  Corporations  may  be  transferred  by  con- 
veyance, in  writing,  recorded  by  the  Treasurer  in  books  kept  for  that  purpose ; 
otherwise  such  traiisfer  shall  not  be  valid;  new  shares  shall  then  be  issued  and  the 
old  shares  be  cancelled,  unless  an  attachment  should  intervene,  when  such  trans- 
fer shall  be  suspended  until  a  dissolution  of  such  attachment  or  a  sale  of  the 
shares  by  process  of  law  :  said  Corporations  shall  cause  such  transfers  to  be  recorded 
in  the  treasurer's  books  within  ten  days  thereafter,  otherwise  they  shall  not  bar 
intervening  claims. 

Sect.  10  repeals  all  Acts  or  parts  of  Acts  inconsistent  herewith,  and  provides  that 
this  Act  shall  take  effect  from  its  passage. 


296         GENERAL  LAWS  CONCERNING  RAILROADS. 


Chapter  217  of  the  General  Laws  of  1836  contains  an  additional  Act  concerning 

Corporations. 

It  amends  section  one  of  chapter  200,  so  that  Corporations  shall  be  authorized  to 
establish  by-laws,  affix  penalties  and  recover  them  in  any  Court. 

Chapter  81  of  the  Revised  Statutes  of  the  State  of  Maine  contains  variotis  provisions 

concerning  Railroads. 

Chapter  9  of  the  Public  Laws  of  1842  contains  additional  provisions. 

Sect.  1  requires  this  Company  to  draw  over  their  roads,  at  reasonable  times  and  for 
the  ordinary  tolls,  baggage  and  merchandise  cars  of  other  railroads  authorized  to 
connect  Avith  this  road. 

Sect.  2  provides,  if  the  Directors  of  such  intersected  road  shall  refuse  to  transport 
said  cars,  that  the  Directors  of  such  connecting  road  may  transj^ort  their  cars  over 
such  intersected  road  with  their  engine,  subject  to  the  regulations  of  the  last 
mentioned  road,  and  being  required  to  provide  their  own  depots,  at  the  termini  of 
said  road :  the  intersected  road  shall  not  be  liable  for  injuries  arising  to  the  other 
road  and  not  from  their  neglect. 

Sect.  3  requires  that  on  all  passenger  trains  there  be  placed  one  brakeman  for  every 
two  cars. 

Sect.  4  provides  that  any  engineer,  fireman,  agent,  or  employee  of  any  railroad 
guilty  of  negligence,  whereby  injury  is  done  to  any  person  or  Corporation,  shall, 
on  conviction,  be  punished  by  fine  or  imprisonment ;  but  nothing  herein  shall 
exempt  the  Corporation  from  liability  to  pay  damages  therefor. 

Sect.  5  makes  Railroad  Corporations  liable  for  damages  occasioned  by  fire  communi- 
cated from  their  locomotive  engines,  and  empowers  them  to  effect  insurance  in 
their  own  behalf,  on  property  for  which  they  may  be  thus  liable. 

Sect.  6  provides  that  such  Corporations  shall  maintain  substantial  fences  on  each 
side  of  enclosed  or  improved  lands  through  which  their  roads  may  pass,  and  in 
neglect  thereof  shall  be  liable  to  indictment  and  fine,  such  fine  to  be  expended  in 
the  repairs  of  such  fences. 

Chapter  9  of  the  Public  Laios  o/"  1843  contains  provisions  for  the  taxation  of  Railroad 

property. 

Sect.  1  provides  that  all  Railroad  property  shall  be  deemed  real  estate  for  the  pur- 
poses of  taxation,  and  shall  be  taxed  where  it  is  situated. 

Sect.  2  requires  each  Railroad  Corporation  to  keep  an  agent  in  this  State,  who  shall, 
on  or  before  May  1,  1843,  and  annually  thereafter,  furnish  the  assessors  of  each 
city  or  town  through  which  the  road  may  pass,  with  a  certificate  under  oath,  giving 
the  length,  the  expense  of  making,  and  the  relative  value  of  the  road. 

Sect.  3  provides  that  said  assessors  shall  assess  all  taxes  thereon  as  on  other  real 
estate,  and  a  lien  shall  be  had  therefor  on  all  railroad  property. 

Sect.  4  requires  that  said  assessors,  when  they  shall  have  received  said  valuation 
from  said  agent,  shall  forward  the  same  to  the  Secretary  of  State,  for  the  Legisla- 
ture. 

Sect.  5  repeals  all  Acts  inconsistent  with  this  Act. 


MAINE.  297 


Chapter  165  q/"  the  Public  Laws  of  1845  contains  an  additional  Act,  respecting  taxation. 

Sect.  1  exempts  Railroad  tracks,  and  the  land  under  them,  from  taxation. 

Sect.  2  provides  that  shares  in  any  Railroad  Company  shall  be  deemed  personal 
estate,  and  be  taxed  to  shareholders  where  they  reside. 

Sect.  3  requires  all  Railroad  Corporations,  unless  otherwise  provided  in  their  char- 
ter, to  keep  regular  accounts  of  receipts  and  expenditures,  open  to  the  inspection 
of  the  Governor  and  Council :  and  at  the  end  of  each  year,  the  Treasurer  of  each 
Corporation  shall  exhibit,  under  oath,  to  the  Legislature,  their  receipts  and  ex- 
penditures. 

Sect.  4  repeals  all  Acts  inconsistent  herewith. 

Chap.  197  of  the  Public  Laws  of  1846  contains  provisions  concerning  the  punishment  for 

malicious  obstruction  of  Railroads. 

Sect.  1  enacts  that  any  person  who  shall  maliciously  obstruct,  injure,  or  destroy,  any 
railroad  track,  or  injure,  or  destroy  any  railroad  bridge  shall  be  punished  by  con- 
finement in  the  State  prison  not  less  than  five  years. 

Sect.  2  provides  that  injury  to  persons  or  property  shall  be  considered  an  aggravation 
of  such  offence,  and  subject  the  offenders  to  further  imprisonment. 

Sect.  3  enacts  that,  if,  in  consequence  of  the  acts  of  such  offender,  any  person  shall 
lose  his  life,  such  offender  shall  be  deemed  guilty  of  murder. 

Sect.  4  requires  the  President  of  every  Railroad,  now  or  hereafter  incorporated,  to 
cause  a  printed  copy  of  this  Act  to  be  publicly  posted  in  all  depots  for  passengers. 

Sect.  5  provides  that  this  Act  shall  take  effect,  after  its  approval  by  the  Governor. 

Chapter  19  of  the  Laws  of  1847  contains  an  Act  respecting  Corporations. 

It  extends  the  provisions  of  part  of  Chap.  79,  Revised  Statutes,  to  all  Corporations, 
except  as  therein  mentioned. 

Chapter  64  of  the  Laws  of  1848  contains  an  Act  relating  to  Corporations. 

Sect.  1  prohibits  all  Corporations,  except  those  named,  from   making  division  of 

their  funds  so  as  to  reduce  their  stock  below  par. 
Sect.  2  directs  what  proceedings  may  be  had,  if  the  provisions  of  section  one  are 

violated. 
Sect.  3  provides  that  the  Court  m  ay  allow  amendments  of  such  complaint. 

Chapter  141  of  the  Lazos  of  1849  contains  an  Act  respecting  Corporations. 

It  requires  every  Company  to  exhibit  their  books  to  persons  interested,  under  the 
penalty  named  therein. 

Chapter  145  of  the  Laws  of  1849  contains  an  Act  respecting  Railroad  Companies. 

Sect.  1  requires  all  Companies  to  make  an  annual  report  to  the  Secretary  of  State. 

Sect.  2  requires  the  Secretary  to  arrange  such  returns. 

Sect.  3  pro^^.dcs  that  tliis  Act  shall  take  effect  from  January  1,  1851. 


298  GENEKAL  LAWS  CONCERNING  EAILROADS. 

Laws  of  1831,  Chap.  503. 
An  Act  concerning  Corporations. 

Be  it  enacted^  ^c.  That  all  Acts  of  incorporation  which  shall 
be  passed  after  the  passage  of  this  Act,  shall  at  all  times  hereafter 
be  liable  to  be  amended,  altered,  or  repealed,  at  the  pleasure  of  the 
legislature,  in  the  same  manner  as  if  an  express  provision  to  that 
effect  were  therein  contained ;  unless  there  shall  have  been  insert- 
ed in  such  Act  of  incorporation  an  express  limitation  or  provision 
to  the  contrary.     Approved,  March  17,  1831. 

Laws  of  1836,  Chap.  200. 
An  Act  concerning  Corporations. 

Sect.  1.  Be  it  enacted^  ^'c.  That  from  and  after  the  passing  of 
this  Act,  all  corporations,  created  by  the  Legislature,  or  which 
shall  be  established  imder  existing  laws,  shall  be  capable  in  their 
corporate  name,  to  sue  and  be  sued,  appear,  prosecute,  and  to  defend 
to  final  judgment  and  execution,  in  any  courts  of  record,  or  in  any 
other  place  whatever  :  to  have  a  common  seal,  which  they  may  alter 
at  pleasure ;  to  elect,  in  such  manner  as  they  shall  determine,  all 
needful  officers,  to  fix  their  compensation  and  to  define  their  duties, 
obligations,  and  liabilities,  consistent  with  the  constitution  and 
laws  of  the  State,  for  their  own  government,  and  for  the  due  and 
orderly  conducting  of  their  affairs,  and  the  management  of  their 
property. 

Sect.  2.  That  the  mode  of  calling  the  first  meeting  of  all  corpo- 
rations, unless  otherwise  specially  provided  for,  shall  be  by  a 
notice,  setting  forth  the  time,  place,  and  purposes  of  the  meeting, 
signed  by  any  one  or  more  of  the  persons  named  in  the  Act  of 
incorporation,  and  fourteen  days  at  least  previously  to  the  meeting, 
delivered  to  each  member,  or  published  in  some  newspaper  or 
newspapers  in  the  county  where  the  corporation  may  be  estab- 
lished, or  if  there  be  no  newspaper,  then  in  a  newspaper  in  some 
adjoining  county. 

Sect.  3.  That  in  all  corporations  hereafter  created  by  the  legis- 
lature, except  banking  corporations,  unless  otherwise  specially  pro- 
vided for  in  the  Act  of  incorporation,  the  shares  of  individual 
stockholders,  shall  be  liable  for  the  debts  of  the  corporation.     And, 


MAINE.  299 

in  case  of  deficiency  of  attachable  corporate  property,  or  estate,  the 
individual  property,  rights,  and  credits  of  any  stockholder  shall  be 
liable,  to  the  amount  of  his  stock,  for  all  debts  of  the  corporation 
contracted  prior  to  the  transfer  thereof,  for  the  term  of  one  year 
after  the  record  of  the  transfer  in  the  books  of  the  corporation,  and 
for  the  term  of  six  months  after  judgment  recovered  against  said 
corporation  in  any  suit  commenced  within  the  year  aforesaid,  and 
the  same  may  be  taken  in  execution  on  said  judgment  in  the  same 
manner  as  if  said  judgment  and  execution  were  against  him  indi- 
vidually, or,  said  creditor,  after  said  judgment,  may  have  his  action 
on  the  case  against  said  individual  stockholder;  but  in  no  case 
shall  the  property,  rights,  and  credits  of  said  stockholder  be  taken 
in  execution  or  attached  as  aforesaid  beyond  the  amount  of  his 
said  stock. 

Sect.  4.  That  it  shall  be  the  duty  of  the  officer  having  said 
execution  to  appropriate  towards  the  satisfaction  thereof,  in  part, 
or  in  whole,  any  corporate  property  or  estate,  which  he  can  find, 
and  if  sufficient  cannot  be  found,  to  certify  said  deficiency  on  said 
execution,  and  to  notify  the  individual  stockholder  by  giving  him 
forty-eight  hours'  previous  notice  thereof  whose  property  he  is  about 
to  take  ;  and  if  said  stockholder  resides  out  of  the  State,  said 
notice  shall  be  given  to  his  agent,  if  he  has  any  in  the  State,  other- 
wise to  the  clerk  of  said  corporation,  and,  if  such  individual  stock- 
holder, his  agent  or  said  clerk  on  demand  of  said  officer  and  notice 
as  aforesaid,  shall  disclose  and  show  to  the  execution  creditor,  or 
officer,  attachable  corporate  property  or  estate  sufficient  to  satisfy 
said  execution  and  all  fees,  his  individual  property,  rights  and 
credits  shall  thereupon  be  exempt  from  attachment  and  execution. 
And  said  action  on  the  case  shall  not  be  commenced  against  said 
stockholder  until  demand  and  notice  as  aforesaid. 

Sect.  5.  That  said  individual  stockholder,  whose  property, 
rights,  and  credits,  shall  be  attached  and  taken  as  aforesaid  shall 
have  his  remedy  at  law,  or  in  equity  against  said  corporation  to 
reimburse  him  for  all  moneys  paid  as  aforesaid,  and  to  recover  such 
damages  as  he  may  have  sustained  by  the  neglect  of  said  corpora- 
tion to  satisfy  said  execution.  And,  in  case  of  a  deficiency  of  cor- 
porate property  or  estate  wherewith  to  satisfy  said  judgment  or 
decree  as  said  individual  stockholder  may  recover  or  obtain  as 
aforesaid,  said  stockholder  may  have  his  remedy  as  aforesaid  for  a 
contribution,  in  proportion  to  their  respective  stock  in  said  corpo- 
ration, against  the  stockholders  who  were  liable  for  the  corporate 
debt  sued  for  in  said  action  against  said  corporation. 


300  GENERAL    LAWS    CONCERNING  RAILROADS. 

Sect.  6.  That  it  shall  be  the  duty  of  the  clerk  of  said  corpo- 
ration, on  demand,  to  furnish  the  officer  having  the  execution 
against  said  corporation,  with  the  names  and  place  of  residence  of 
the  stockholders  who  may  be  liable  as  aforesaid. 

Sect.  7.  That  all  provisions  of  law  touching  the  subject  matter 
of  corporations  and  not  inconsistent  with  this  Act,  shall  not  be 
affected  thereby,  and  this  Act  shall  take  effect  from  and  after  its 
passage.     Approved,  February  16,  1836. 

Laws  of  1836,  Chap.  204. 
An  Act  defining  certain  rights  and  duties  of  Railroad  Corporations. 

Sect.  1.  Be  it  enacted,  dfc.  That  Railroad  Corporations,  which 
have  been,  or  may  be  granted,  shall  have  the  right  to  take  and  hold 
so  much  of  the  land,  and  other  real  estate  of  private  persons,  as 
may  be  necessary  for  the  location,  construction,  and  convenient 
operation  of  their  railroads;  and  they  shall,  also,  have  the  right  to 
take,  remove,  and  use  for  the  construction  and  repair  of  said  rail- 
roads and  appurtenances,  any  earth,  gravel,  stone,  timber,  or  other 
materials,  on  or  from  the  land  so  taken,  —  Provided,  however,  that 
said  land,  so  taken,  shall  not  exceed  four  rods  in  width,  except 
where  greater  width  is  necessary  for  the  purpose  of  excavation,  or 
embankment; — And  provided,  also,  that,  in  all  cases,  said  corpo- 
rations shall  pay  for  all  such  lands,  estate,  or  materials,  so  taken 
and  used,  such  price,  as  they,  and  the  owner,  or  respective  owners 
thereof  may  mutually  agree  on  ;  and,  in  case  said  parties  shall  not 
otherwise  agree,  then  said  corporations  shall  pay  such  damages  as 
shall  be  ascertained  and  determined  by  the  county  commissioners 
for  the  county  where  such  land  or  other  property  may  be  situate, 
in  the  same  manner,  and  under  the  same  conditions  and  limita- 
tions, as  are  by  law  provided  in  the  case  of  damages  by  laying 
out  of  highways.  And  the  land  so  taken  by  said  corporations, 
shall  be  held  as  lands,  taken  and  held  for  public  highways.  And 
no  application  to  said  commissioners  to  estimate  said  damages, 
shall  be  sustained  unless  made  within  three  years,  from  the  time 
of  taking  such  land,  or  other  property  :  or  where  it  has  already 
been  taken,  within  one  year  from  the  time  of  passing  this  Act. 
Provided,  further,  that  nothing  in  this  Act  shall  authorize  such 
corporation  to  take  any  dwelling  house,  meeting  house,  or  public  or 
private  burying  ground,  without  the  consent  of  the  owners  or  pro- 
prietors. 

Sect.  2.  That  on  application  being  made  to  the  county  commis- 


MAINE.  301 

sioners  as  aforesaid,  either  by  said  corporations,  or  by  the  owner  or 
owners  of  lands  so  taken,  it  shall  be  the  duty  of  said  corporations, 
if  required  by  the  owner  or  owners  of  such  land  or  other  property 
so  taken,  to  give  full  and  ample  security,  to  the  satisfaction  of  said 
commissioners,  for  all  damages  and  costs,  which  may  be  finally 
ascertained,  determined,  and  awarded,  by  said  commissioners,  for 
the  land  or  other  property  so  taken.  And  on  the  refusal,  or  failure 
of  said  corporations  to  give  such  security,  all  their  right  or  autho- 
rity to  enter  upon,  or  use  said  land  or  other  property  so  taken,  ex- 
cept for  making  surveys,  shall  be  suspended  and  stayed,  until  they 
shall  give  such  security.  But  after  the  security  is  given,  they  may 
proceed  to  use  said  land,  or  other  property,  for  the  purpose,  for 
which  it  was  taken. 

Sect.  3.  That  when  any  railroad  corporation  shall  take  any 
land,  or  other  estate,  as  aforesaid,  of  any  infant,  person  non  com- 
pos mentis,  or  feme  covert,  whose  husband  is  under  guardianship, 
the  guardian  of  such  infant,  or  person  no7i  cot7ipos  mett^tis,  and 
such  feme  covert,  with  the  guardian  of  her  husband,  shall  have  full 
power  and  authority  to  agree  and  settle  with  said  corporation,  for 
all  damages,  or  claims  for  damage,  by  reason  of  taking  such  land 
and  estate  aforesaid,  and  give  good  and  valid  releases  and  dis- 
charges therefor. 

Sect.  4.  That  said  corporations  which  have  been,  and  may  be 
hereafter  established,  may  raise  or  lower  any  turnpike,  highway, 
or  private  way,  when  it  may  be  necessary  to  allow  their  railroad 
to  pass  over,  or  under  the  same,  and  in  such  cases  said  corpora- 
tions shall  put  said  turnpike,  highway,  or  private  way,  as  soon  as 
may  be,  in  as  good  repair  and  condition  as  before  said  alterations 
shall  have  been  made  by  said  corporations;  and  as  soon  as  said 
alterations  and  amendments  are  completed,  said  corporations  shall 
give  notice  in  writing  of  the  completion  thereof,  to  the  proprietors 
of  such  turnpike  and  to  the  selectmen  of  the  towns,  where  such 
highway  or  private  way  is  situate.  And  if  said  proprietors  or 
selectmen  require  further  alterations  and  amendments  of  said  turn- 
pike, highway,  or  private  way,  and  give  notice  thereof  in  writing 
to  said  corporations;  and  if  the  parties  cannot  agree,  what  further 
alterations  and  amendments  are  necessary  —  either  of  said  parties 
may  apply  to  the  county  commissioners  of  the  county,  where  such 
portion  of  the  turnpike,  highway,  or  private  way  is  situate,  at  the 
next  regular  meeting  of  said  commissioners,  after  said  notice  to 
said  corporations,  to  determine  what  further  amendments,  and 
26 


302  GENERAL  LAWS  CONCERNING  RAILROADS. 

alterations,  if  any,  shall  be  made  in  said  turnpike,  highway,  or 
private  way  —  and  the  decision  of  said  commissioners  shall  be 
final,  and  the  costs  of  such  application  shall  be  awarded  in  favor 
of  the  prevailing  party.  And  if  said  corporations  shall  unneces- 
sarily or  unreasonably  neglect  to  make  such  alterations  or  amend- 
ments, as  said  commissioners  shall  determine  to  be  reasonable  and 
proper,  the  said  proprietors  or  selectmen,  shall  be  entitled  to  their 
remedies  in  damages,  by  an  action  on  the  case,  in  any  court  proper 
to  try  the  same.  And  no  action  shall  be  sustained  against  said 
corporations,  for  damages,  by  said  proprietors,  or  selectmen,  or  the 
owner,  or  owners,  of  any  private  way  by  reason  of  any  obstruc- 
tion thereto,  occasioned  by  said  railroads  crossing  the  same,  unless 
brought  within  one  year  from  the  time  said  injury  is  occasioned. 

Sect.  5.  That,  if  any  railroad  corporation,  which  has  been,  or 
may  be  established,  shall  be  desirous  of  altering  the  course  of  any 
highway,  where  it  is  crossed  by  their  railroad,  for  the  purpose  of 
facilitating  the  crossing  of  the  same,  they  may  alter  the  same 
accordingly  in  such  manner  as  the  county  commissioners  for  the 
county,  where  such  way  is  situate,  may  direct;  Provided,  the  said 
commissioners,  after  due  notice  to  the  selectmen  of  the  town, 
where  such  highway  is  situate,  shall  be  of  opinion,  that  such  alter- 
ation will  not  essentially  injure  said  highway.  And  in  case  any 
railroad  corporation  shall,  before  commencing  the  work  of  raising 
or  lowering  any  turnpike,  highway,  or  private  way,  as  aforesaid, 
or  at  any  time  previous  to  completing  the  same,  be  desirous  of  ob- 
taining the  approbation  of  said  commissioners  in  respect  to  the 
mode  of  raising  or  lowering  the  same,  the  said  corporation  may 
apply  to  said  commissioners  for  this  purpose,  whose  duty  it  shall 
be,  after  due  notice  to  the  parties  interested,  to  direct  the  mode  of 
performing  said  work ;  and  their  decision  shall  be  final.  And  it 
shall  be  the  duty  of  said  corporation  to  provide  and  keep  in  good 
order  for  travelling,  suitable  temporary  ways  or  turnouts,  that 
travellers  may  not  be  unnecessarily  delayed  or  impeded  during 
the  time  of  performing  said  work. 

Sect.  6.  That  said  corporations,  which  have  been  or  may  here- 
after be  established  shall  have  power  to  construct  and  carry  their 
railroads  across,  over  or  under  any  railroad  or  canal,  when  it  may 
be  necessary  in  the  construction  of  the  same ;  and  in  such  cases 
said  corporations  shall  so  construct  their  railroad  crossings  as  not 
unnecessarily  to  interrupt  or  impede  the  travel  or  transportation 
upon  their  railroad  or  canal  so  crossed.     And  said  corporations 


MAINE.  303 

shall  be  liable  in  an  action  on  the  case  for  the  damages  occasioned 
to  any  corporation  or  party  injured,  by  reason  of  said  crossing. 

Sect.  7.  That  it  shall  be  the  duty  of  every  railroad  corporation 
to  cause  a  bell  to  be  placed  on  each  locomotive  engine  passing 
on  their  road,  which  shall  be  at  least  of  the  weight  of  thirty-five 
pounds,  and  the  said  bell  shall  be  rung  at  the  distance  of,  at  least, 
eighty  rods  from  the  place  of  crossing  any  turnpike,  railroad,  high- 
way, or  townvvay — upon  the  same  level  with  the  railroad,  and 
be  kept  ringing,  until  the  said  engine  shall  have  passed  said  turn- 
pike, railroad,  highway,  or  townway ;  and  it  shall  be  the  duty  of 
each  railroad  corporation  to  cause  boards  to  be  placed  and  constantly 
maintained  across  each  turnpike,  railroad,  highway,  or  town- 
way,  where  it  is  crossed  by  the  railroad  on  the  same  level  there- 
with, the  said  boards  to  be  well  supported  by  posts  or  otherwise ; 
and  to  be  of  such  height  as  to  be  easily  seen  by  travellers,  without 
obstructing  the  travel ;  and  on  each  side  of  said  boards  the  follow- 
ing inscription  shall  be  printed,  in  capital  letters  of  at  least  the 
size  of  nine  inches  each ;  —  railroad  crossing,  look  out  for  the 
ENGINE  WHILE  THE  BELL  RINGS.  ■ —  And  If  the  mayor  and  aldermen 
of  any  city,  or  selectmen  of  any  town,  wherein  any  turnpike, 
highway,  or  townway,  so  crossed,  by  any  railroad,  is  situate,  shall 
be  of  opinion,  that  the  foregoing  provision  is  not  a  sufficient  secu- 
rity to  the  public,  in  any  particular  cases,  and  that  it  is  necessary 
for  such  security,  that  gates  should  be  erected  across  the  railroad, 
and  that  an  agent  should  be  stationed  to  open  and  close  said  gates, 
whenever  any  engine  passes,  the  said  selectmen  may  request  in 
writing  said  railroad  corporation  to  erect  said  gates,  and  station 
said  agent  as  aforesaid  ;  and  in  case  said  railroad  corporation  shall 
neglect  or  refuse  so  to  do,  the  said  mayor  and  aldermen,  or  select- 
men may  apply  to  the  county  commissioners  for  their  decision 
upon  the  reasonableness  of  such  request.  And  if  said  commission- 
ers, after  due  notice,  and  hearing  the  parties,  shall  decide,  that  the 
erection  of  said  gates,  and  providing  said  agent,  is  necessary  for 
the  security  of  the  public,  it  shall  be  the  duty  of  said  railroad  cor- 
poration to  comply  with  their  decision.  And  in  case  said  commis- 
sioners shall  be  of  opinion,  that  the  establishment  of  said  gates 
and  agent  is  not  required  as  aforesaid,  the  said  mayor  and  alder- 
men and  selectmen  shall  be  liable  to  pay  all  the  costs  of  their  ap- 
plication. But  if  the  said  application  shall  be  sustained  by  said 
commissioners,  the  costs  thereof  shall  be  paid  by  said  railroad  cor- 
poration. 


304  GENERAL  LAWS  CONCERNING  RAILROADS. 

Sect.  8;  That  if  any  railroad  corporation,  shall  unreasonably 
neglect,  or  refuse  to  comply  with  any  or  either  of  the  requisitions 
of  the  preceding  section  of  this  Act,  they  shall  forfeit  and  pay  to 
the  use  of  the  State,  a  sum  not  exceeding  five  hundred  dollars,  to 
be  recovered  by  action,  or  indictment  in  any  court  of  competent 
jurisdiction.  And  if  any  agent  stationed,  as  aforesaid,  shall  neg- 
lect or  refuse  to  open  or  close  said  gates,  for  the  safe  passing  of  the 
engine  on  the  railroad,  or  the  traveller  on  the  turnpike,  highway, 
or  townway,  he  shall  forfeit  and  pay,  to  the  use  of  the  State,  for 
every  such  neglect  or  refusal,  a  sum  not  exceeding  fifty  dollars,  to 
be  recovered  as  aforesaid  ;  and  the  railroad  corporation  shall  also, 
be  liable  for  all  damages,  sustained  by  any  person,  in  consequence 
of  such  neglect,  or  refusal  of  any  of  their  agents ;  or  by  any  neg- 
ligent and  careless  mismanagement  of  their  engines,  in  an  action 
on  the  case  by  the  person  or  persons,  sustaining  such  damages. 

Sect.  9.  That  the  shares  in  the  capital  stock  in  any  railroad 
corporation,  may  be  transferred  by  conveyance,  in  writing,  record- 
ed, either  by  the  treasurer,  in  books  to  be  kept  in  his  office,  or  by 
an  officer  duly  authorized  for  that  purpose  by  the  directors,  in 
books  to  be  kept  at  such  other  place,  as  they  may  appoint,  within 
this  State.  And  no  conveyance  of  any  such  shares  shall  be  valid, 
to  hold  the  same,  against  the  legal  claims  of  any  other  person,  or 
persons,  than  the  grantor,  or  grantors,  or  his  or  their  executors,  or 
administrators,  unless  so  recorded.  And  on  the  making  of  such 
transfer,  the  certificates  of  the  shares  transferred  shall  be  given  up 
and  cancelled,  and  new  certificates  shall  be  issued  to  the  purchas- 
ers of  shares,  unless  some  attachment  of  said  shares  should  inter- 
vene, and  in  that  event  the  issuing  of  said  certificates  shall  be 
suspended  until  said  attachment  is  dissolved,  or  the  shares  sold  by 
process  of  law.  And  it  shall  be  the  duty  of  every  railroad  corpo- 
ration to  cause  a  transcript  of  the  record  of  all  transfers,  not  origin- 
ally recorded  on  the  books,  kept  by  the  treasurer,  to  be  entered 
on  the  books  of  the  said  treasurer,  within  ten  days  from  the  date 
of  the  original  record.  And  in  case  such  transcript  is  not  thus  en- 
tered, the  transfer  shall  not  operate  to  the  prejudice  of  any  inter- 
vening claims. 

Sect.  10.  That  all  Acts  and  parts  of  Acts,  inconsistent  with  the 
provisions  of  this  Act  be,  and  the  same  hereby  are  repealed,  and 
this  Act  shall  take  effect  from  and  after  the  passing  thereof  Ap- 
proved, March  1,  1836. 


MAINE.  305 

Laws  of  1836,  Chap.  217. 

An  additional  Act  concerning  Corporations. 

Be  it  enacted^  ^c.  That  the  provisions  of  the  first  section  of  the 
Act  entitled  "  An  Act  concerning  Corporations  "  passed  February 
sixteenth  one  thousand  eight  hundred  and  thirty-six,  be  and  the 
same  are  hereby  so  far  extended  and  enlarged,  as  to  authorize  all 
corporations  which  have  been,  or  may  be  created  by  this  legis- 
lature, or  which  may  be  created  by  any  future  legislature,  to  make 
any  by-laws  for  their  own  government,  the  due  and  orderly  con- 
ducting of  their  affairs  and  the  management  of  their  property, 
with  the  right  to  establish  and  affix  such  penalties  and  forfeitures 
for  the  breaches  thereof  as  may  be  just  and  reasonable  ;  and  en- 
force the  same,  in  any  court  of  law  proper  to  try  the  same.  Aj>- 
proved,  March  21,  1836. 

Revised  Statutes  Chap.  81. 

An  Act  concerning  Railroads. 

Sect.  1.  Be  it  enacted^  6fc.  That  no  petition  for  the  establish- 
ment of  any  railroad  corporation  shall  be  acted  upon,  unless  the 
same  is  accompanied  and  supported  by  the  report  of  a  skilful  en- 
gineer, founded  on  actual  examination  of  the  route  and  by  other 
evidence,  showing  the  character  of  the  soil,  the  manner  in  which 
it  is  proposed  to  construct  such  railroad,  the  general  profile  of  the 
surface  of  the.  country  through  which  it  is  proposed  to  be  made, 
the  feasibility  of  the  route,  and  an  estimate  of  the  probable  ex- 
pense of  constructing  the  same.  The  petition  shall  set  forth  the 
places  of  beginning  and  end  of  the  proposed  railroad,  the  distance 
between  the  same,  the  general  course  of  said  railroad,  together 
with  the  names  of  the  towns  through  which  the  same,  on  actual 
survey,  may  be  found  to  pass. 

Sect.  2.  Any  railroad  corporation  may  take  and  hold,  under  the 
provisions  contained  in  this  chapter,  so  much  real  estate,  as  may 
be  necessary  for  the  location,  construction,  and  convenient  use  of 
their  road.  Such  corporation  may  also  take,  remove,  and  use,  for 
the  construction  and  repair  of  such  road  and  its  appurtenances, 
any  earth,  gravel,  stone,  timber,  or  other  materials  on  or  from  the 
land  so  taken  ;  provided,  that  the  land  so  taken,  otherwise  than 

26* 


306         GENERAL  LAWS  CONCERNING  RAILROADS. 

by  the  consent  of  the  owners,  shall  not  exceed  four  rods  in  width, 
unless  where  greater  width  is  necessary  for  isxcavation  or  embank- 
ment, or  procuring  stone,  gravel,  or  other  materials. 

Sect.  3.  Such  railroad  corporation  may  purchase  and  use  real 
estate,  for  a  price  to  be  agreed  upon  with  the  owner  thereof ;  or 
the  damages  to  be  paid  by  such  corporation  for  any  real  estate 
taken  as  aforesaid,  when  not  agreed  upon,  shall  be  ascertained  and 
determined  by  the  county  commissioners  under  the  same  conditions 
and  limitation,  as  are  by  law  provided,  in  case  of  damages  by  lay- 
ing out  highways.  The  land  so  taken  shall  be  held  as  lands 
taken  and  held  for  public  highways. 

Sect.  4.  No  application  to  such  commissioners  to  estimate  said 
damages  shall  be  sustained,  unless  made  within  three  years  from 
the  time  of  taking  such  real  estate. 

Sect.  5.  No  corporation  shall  take,  as  aforesaid,  any  meeting 
house,  dwelling  house,  or  public  or  private  burying  ground,  with- 
out the  consent  of  the  owners. 

Sect.  6.  When  any  application,  for  an  estimate  of  damages 
shall  be  made  to  the  county  commissioners,  either  by  such  corpora- 
tion or  the  owner  of  real  estate,  taken  as  aforesaid,  the  commis- 
sioners, if  requested  by  any  such  owner,  shall  require  the  said 
railroad  corporation  to  give  security  to  the  satisfaction  of  said 
commissioners,  for  the  payment  of  all  such  damages  and  costs,  as 
shall  be  awarded  and  finally  determined,  by  jury  or  otherwise,  for 
the  real  estate  so  taken ;  and  all  the  right  or  authority  of  said  cor- 
poration, to  enter  upon  or  use  said  real  estate,  except  for  making 
surveys,  shall  be  suspended  imtil  they  shall  give  such  security. 

Sect,  7.  Whenever  any  railroad  corporation  shall  take  any  real 
estate,  as  aforesaid,  of  any  minor,  insane  person,  or  any  married 
woman,  whose  husband  is  under  guardianship,  the  guardian  of 
such  minor  or  insane  person,  or  such  married  woman,  with  the 
guardian  of  her  husband,  may  agree  and  settle  with  said  corpora- 
tion, for  all  damages  or  claims  by  reason  of  the  taking  of  such 
real  estate,  and  may  give  valid  releases  and  discharges  therefor. 

Sect.  8.  Any  railroad  corporation  may  raise  or  lower  any  turn- 
pike or  other  way,  for  the  purpose  of  having  their  railroad  pass 
over  or  under  the  same  ;  and  in  such  cases  said  corporation  shall 
put  said  turnpike,  or  other  way,  as  soon  as  may  be,  in  as  good 
repair  and  condition,  as  before  such  alteration ;  and  they  shall 
forthwith,  on  the  completion  of  such  alteration,  give  notice  thereof 
in  writing  to  the  agent  or  clerk  of  the  proprietors  of  such  turnpike, 


MAINE.  307 

or  to  one  of  the  selectmen  of  the  town,  where  such  other  way  may 
be  situated. 

Sect.  9.  If  said  proprietors  or  said  selectmen,  respectively  require 
further  alterations  or  amendments  of  such  turnpike  or  other  way, 
and  give  notice  thereof,  in  writing,  to  the  agent  or  clerk  of  such 
railroad  corporation,  and  if  the  parties  cannot  agree  respecting  the 
same,  either  of  the  parties  may  apply  to  the  county  commissioners 
at  their  next  regular  meeting ;  who  after  reasonable  notice  to  the 
adverse  party,  shall  make  final  determination,  respecting  such  pro- 
posed alterations  or  amendments,  and  shall  award  costs  in  favor  of 
the  prevailing  party. 

Sect.  10.  If  such  railroad  corporation  shall  unnecessarily  neg- 
lect to  make  such  alterations  and  amendments,  thus  determined 
upon  by  the  commissioners,  the  said  turnpike  corporation,  or  the 
aggrieved  town,  shall  be  entitled  to  their  damages  to  be  recovered 
in  an  action  on  the  case. 

Sect.  11.  No  action  shall  be  sustained  against  any  railroad 
corporation,  by  the  proprietors  of  any  turnpike,  or  by  any  town, 
or  by  the  owners  of  any  private  way,  by  reason  of  any  obstruc- 
tion thereto  occasioned  by  said  railroad's  crossing  the  same,  unless 
brought  within  one  year  after  the  causing  of  such  obstruction. 

Sect.  12.  If  any  railroad  corporation  shall  be  desirous  of  alter- 
ing the  course  of  any  highway  or  town  way,  where  it  may  be 
crossed  by  their  railroad,  for  the  purpose  of  facilitating  the  cross- 
ing of  the  same,  they  may  alter  the  same  accordingly,  in  such 
manner  as  the  county  commissioners  for  the  county  where  such 
way  is  situated,  may  direct ;  provided,  the  said  commissioners, 
after  due  notice  to  the  selectmen  of  the  town  where  such  Avay  is 
situated,  shall  be  of  opinion  that  such  alteration  will  not  essen- 
tially injure  said  highway. 

Sect.  13.  If  any  railroad  corporation,  before  commencing  the 
work  of  raising  or  lowering  any  turnpike  or  other  way,  as  afore- 
said, or  before  completing  the  same,  shall  request  the  direction  of 
the  county  commissioners  as  to  the  mode  of  raising  or  lowering 
the  same,  it  shall  be  the  duty  of  said  commissioners,  after  due 
notice  to  the  parties  interested,  to  direct  the  mode  of  performing 
said  work,  and  their  decision  shall  be  final. 

Sect.  14.  Every  railroad  corporation,  whilst  employed  in  rais- 
ing or  lowering  any  turnpike  or  other  way,  or  making  any  other 
alteration,  by  means  of  which  the  same  may  be  obstructed,  shall 
provide,  and  keep  in  good  order,  suitable  temporary  ways,  to 
enable  travellers  to  avoid  or  pass  by  such  obstructions. 


308         GENERAL  LAWS  CONCERNING  RAILROADS. 

Sect.  15.  Any  railroad  corporation  may  construct  and  carry 
their  railroad  across,  over,  or  under  any  railroad  or  canal,  when  it 
may  be  necessary  in  the  construction  of  the  same  ;  and,  in  such 
cases,  said  corporation  shall  so  construct  their  railroad  crossings, 
as  not  unnecessarily  to  impede  the  travel  or  transportation  upon 
the  railroad,  or  canal,  so  crossed.  Said  corporation  shall  be  liable, 
in  an  action  on  the  case,  for  the  damages  occasioned  to  any  corpo- 
ration or  party  injured,  by  reason  of  said  crossing. 

Sect.  16.  Every  railroad  corporation  shall  maintain  and  keep  in 
repair  all  bridges,  with  their  abutments,  which  such  corporation 
shall  construct,  for  the  purpose  of  enabling  their  road  to  pass  over 
or  mider  any  turnpike  road,  canal,  highway,  or  other  way. 

Sect.  17.  Every  railroad  corporation  shall  cause  a  bell,  of  at 
least  thirty-five  pounds  in  weight,  to  be  placed  on  each  locomotive 
engine  passing  upon  their  road  ;  and  the  said  bell  shall  be  rung,  at 
the  distance  of  at  least  eighty  rods  from  the  place  where  said  road 
crosses  any  turnpike,  highway,  or  town  way,  upon  the  same  level 
with  the  railroad  ;  and  shall  be  kept  ringing,  until  the  engine  shall 
have  crossed  such  turnpike  or  way. 

Sect.  18.  Every  railroad  corporation  shall  cause  boards  to  be 
placed,  well  supported  by  posts,  or  otherwise,  and  constantly  main- 
tained across  each  turnpike,  highway,  or  town  way,  where  it  is 
crossed  by  the  railroad,  upon  the  same  level  therewith  ;  the  said 
posts  and  boards  to  be  of  such  height,  as  shall  be  easily  seen  by 
travellers  without  obstructing  the  travel ;  and  on  each  side  of  said 
boards,  the  following  inscription  shall  be  printed  in  plain  legible 
letters  of  at  least  the  length  of  nine  inches  each,  Railroad 
CROSSING.     Look  out  for  the  engine  while  the  bell  rings. 

Sect.  19.  If  the  selectmen  of  any  town,  wherein  any  turnpike, 
highway,  or  town  way,  so  crossed  by  any  railroad,  is  situated, 
shall  be  of  opinion,  it  is  necessary  for  public  security,  that  gates 
should  be  erected  across  the  railroad,  and  that  an  agent  should  be 
stationed  to  open  and  close  said  gates,  whenever  any  engine  passes, 
the  said  selectmen  may,  by  a  writing  delivered  to  the  clerk  or  a 
general  agent  of  such  corporation,  request  said  corporation  to  erect 
such  gates,  and  station  an  agent,  as  aforesaid;  and,  if  said  corpo- 
ration shall  neglect  or  refuse  so  to  do,  the  said  selectmen  may  ap- 
ply to  the  county  commissioners  to  decide  upon  the  reasonableness 
of  such  request ;  and  if  said  commissioners,  after  due  notice  and 
hearing  the  parties,  shall  decide,  that  the  erection  of  such  gates, 
and  providing  such  agent,  are  necessary  for  the  security  of  the 
public,  said  railroad  corporation  shall  comply  with  said  decision 


MAINE.  309 

and  pay  the  costs  of  the  appHcation ;  but  if  the  commissioners 
shall  be  of  the  opinion,  that  the  establishment  of  said  gates  and 
agent  is  not  required,  as  aforesaid,  the  said  selectmen  shall  be 
liable  to  pay  all  the  costs  of  their  application. 

Sect.  20.  If  any  railroad  corporation  shall  unreasonably  neglect 
or  refuse  to  comply  with  the  requisitions  contained  in  the  three 
preceding  sections,  they  shall  forfeit  for  every  such  neglect  or 
refusal,  to  the  use  of  the  State,  a  sum,  not  exceeding  five  hundred 
dollars,  to  be  recovered  by  indictment;  and,  if  any  agent,  stationed 
as  aforesaid,  shall  neglect  to  open  or  close  said  gates,  for  the  safe 
passing  of  the  engine  on  the  railroad,  or  the  traveller  on  the  turn- 
pike, highway,  or  town  way,  he  shall,  for  every  such  neglect,  for- 
feit to  the  use  of  the  State  a  sum,  not  exceeding  fifty  dollars,  to  be 
recovered  as  aforesaid. 

Sect.  21.  Every  railroad  corporation  shall  be  liable  for  all 
damages  sustained  by  any  person,  in  consequence  of  any  neglect 
of  the  provisions  of  the  foregoing  section,  or  of  any  other  neglect 
of  any  of  their  agents,  or  by  any  mismanagement  of  their  engines, 
in  an  action  on  the  case,  by  the  person  sustaining  such  damages. 

Sect.  22.  The  shares  in  the  capital  stock  of  any  railroad  corpo- 
ration shall  be  deemed  personal  estate ;  and  they  may  be  trans- 
ferred by  any  conveyance  in  writing,  recorded  either  by  the  trea- 
surer, in  books  to  be  kept  in  his  office,  or  by  an  officer,  duly 
authorized  by  the  directors,  in  books  to  be  kept  at  such  other  place, 
as  they  may  appoint  within  the  State.  When  recorded  in  any 
other  place,  they  shall  within  ten  days  thereafter,  be  also  recorded 
in  the  said  books  kept  by  the  treasurer.  No  conveyance  of  any 
such  shares  shall  be  valid,  against  any  other  persons  than  the 
grantors  or  their  representatives,  unless  so  recorded. 

Sect.  23.  On  making  any  such  transfer,  the  certificates  of  the 
shares  transferred  shall  be  given  up  and  cancelled,  and  new  certi- 
ficates shall  be  issued  to  the  purchasers,  unless  some  attachment 
of  such  shares  shall  have  been  made  previous  to  such  transfer ;  in 
which  case,  the  issuing  of  said  certificates  shall  be  suspended,  until 
said  attachments  shall  be  dissolved,  or  the  shares  sold  by  process 
of  law. 

Sect.  24.  All  railroad  companies,  that  have  been,  or  shall  be 
incorporated  under  the  authority  of  this  State,  shall  have  all  the 
powers  and  privileges,  and  be  subject  to  all  the  duties,  liabilities, 
and  other  provisions  contained  in  this  chapter,  respecting  such  cor- 
porations, unless  inconsistent  with  the  express  provisions  of  their 
charters. 


310         GENERAL  LAWS  CONCERNING  RAILROADS. 

Laws  of  1842,  Chap.  9. 
An  Act  relating  to  Railroads. 

Sect.  1.  Be  it  enacted,  tj-c.  That  every  railroad  corporation, 
owning  any  railroad  upon  which  cars  shall  run,  is  hereby  required, 
at  reasonable  times,  and  for  a  toll  not  exceeding  the  ordinary  rate, 
to  draw  over  their  road  the  passenger,  baggage,  and  merchandise 
cars  of  any  other  railroad  corporation,  which  has  been  or  may  be 
authorized  by  the  legislature,  to  connect  their  railroad  with  the 
road  of  such  corporation. 

Sect.  2.  Whenever  the  directors  or  other  managers  of  such 
intersected  road,  shall  refuse  or  neglect  to  draw  over  their  road  the 
passenger,  baggage,  and  merchandise  cars  of  any  other  railroad 
connecting  therewith,  as  aforesaid,  the  directors  of  such  connecting 
road  shall  have  the  right  to  draw  their  said  cars,  with  their  own 
locomotive,  over  such  intersected  road,  so  long  as  the  directors  of 
such  intersected  road  shall  refuse  or  neglect  as  aforesaid,  and  no 
longer ;  the  same  being  subject,  while  upon  said  road,  to  the  same 
general  regulations  prescribed  by  the  directors  of  the  intersected 
road,  for  the  regulation  and  management  of  their  own  trains ;  and 
the  directors  of  such  intersecting  road  being  required  to  provide 
their  own  depots,  at  the  termini  of  said  road.  And  be  it  further 
provided,  that  the  road  intersected  with  shall  not  be  liable  for  any- 
injuries  that  shall  arise  to  the  passengers,  baggage,  or  merchandise, 
which  are  transported  in  the  cars  of  the  intersecting  road ;  when 
said  injuries  shall  arise  from  any  defect  in  said  cars,  or  negligence, 
or  improper  or  unskilful  conduct,  on  the  part  of  the  managers  of 
the  said  intersecting  road,  but  in  all  such  cases,  shall  the  damage 
for  said  injuries  be  sustained  and  paid  by  the  company  of  said 
intersecting  road. 

Sect.  3.  No  railroad  corporation  shall  run  or  permit  to  be  run, 
upon  their  road,  any  train  of  cars,  moved  by  steam  power,  for  the 
transportation  of  passengers,  unless  there  shall  be  placed  upon  the 
train  one  trusty  and  skilful  brakeman  to  every  two  cars  in  said 
train. 

Sect.  4.  Whenever  any  engineer,  fireman,  or  other  agent  of  any 
railroad  corporation,  or  any  person  employed  in  conducting  the 
trains  upon  any  railroad,  shall  be  guilty  of  negligence  or  careless- 
ness, whereby  an  injury  is  done  to  any  person  or  corporation,  he 
shall,  upon  conviction,  be  punished  by  imprisonment  in  the  county 


MAINE.  311 

jail  for  a  term  not  exceeding  twelve  months,  or  by  fine  not  exceed- 
ing one  thousand  dollars;  but  nothing  in  this  section  shall  exempt 
said  corporation  from  an  action  in  damages  to  any  person  or  cor- 
poration sustaining  such  injury. 

Sect.  5.  When  any  injury  is  done  to  a  building  or  other  prop- 
erty of  any  person,  or  corporation,  by  fire  communicated  by  a  loco- 
motive engine  of  any  railroad  corporation,  the  said  corporation 
shall  be  held  responsible  in  damages  to  the  person  or  corporation 
so  injured;  and  any  railroad  corporation  shall  have  an  insurable 
interest  in  the  property  for  which  it  may  be  so  held  responsible  in 
damages  along  its  route,  and  may  procure  insurance  thereon  in  its 
own  behalf. 

Sect.  6.  Every  railroad  corporation  shall  erect  and  maintain 
substantial,  legal,  and  sufficient  fences  on  each  side  of  the  land 
taken  by  them  for  their  railroad,  where  the  same  passes  through 
enclosed  or  improved  lands  ;  and  for  neglect  or  failure  to  erect  and 
maintain  such  fences,  such  corporation  shall  be  liable  to  be  indicted 
in  the  district  court  for  the  county  where  such  fence  shall  be  insuffi- 
cient, and  to  be  fined  in  such  sum  as  shall  be  adjudged  necessary 
to  repair  the  same  ;  and  such  fine  shall  be  expended  for  the  erec- 
tion or  repair  of  said  fence,  under  the  direction  of  an  agent  ap- 
pointed by  said  court,  as  in  case  of  fines  imposed  upon  towns  for 
deficiencies  of  highways.     Approved,  March  7,  1842. 

Laws  of  1843,  Chap.  9. 
An  Act  providing  for  the  taxing  of  Railroads  and  Railroad  property  in  this  State. 

Sect.  1.  Be  it  enacted,  6)*c.  That  all  the  real  and  personal  property 
of  any  railroad  company,  heretofore  incorporated,  or  which  may 
be  hereafter  incorporated  in  this  State,  shall  be  held  and  deemed 
real  estate  for  the  purpose  of  taxation,  and  shall  be  taxed  in  the 
several  cities,  towns,  and  plantations,  where  such  railroad  and 
railroad  property  may  be  situated. 

Sect.  2.  Each  and  every  such  railroad  corporation  shall  keep 
one  agent  in  this  State,  whose  duty  it  shall  be,  on  or  before  the 
first  day  of  May,  in  the  year  of  our  Lord,  one  thousand  eight 
hundred  and  forty-three,  to  furnish  the  assessors  of  each  city, 
town,  and  plantation  through  which  any  such  railroad  may  pass, 
with  a  certificate  attested  by  his  oath,  stating  the  length  of  such 
railroad  in  such  city,  town,  or  plantation.     Also  the  expense  of 


812  GENERAL  LAWS  CONCERXIXG  RAILROADS. 

making  such  railroad,  together  with  the  costs  of  depots  and  lands 
taken  for,  and  damages  awarded  in  consequence  of.  such  raihoad 
through  such  city,  town,  or  plantation.  Also  the  then  relative 
value  that  the  whole  of  such  railroad  and  railroad  property  bears 
to  the  cost  thereof.  And  it  shall  further  be  the  duty  of  each  such 
agent  annually,  on  or  before  the  first  day  of  May,  to  furnish  the 
assessors  aforesaid  with  a  like  attested  certificate  stating  the  then 
relative  value  of  such  railroad  and  railroad  property  to  the  cost 
thereof.  ' 

Sect.  3.  The  assessors  of  each  city,  town,  and  plantation 
through  which  any  such  rail  [road]  may  pass,  shall  assess  all  taxes, 
highway  taxes  excepted,  thereon,  as  on  other  real  estate,  and  a  lien 
shall  be  had  on  all  such  railroad  property,  or  any  part  thereof,  for 
all  taxes  assessed  thereon,  and  in  the  same  manner  as  on  other  real 
estate. 

Sect.  4.  The  assessors  of  each  city,  town,  and  plantation,  as 
soon  as  they  shall  receive  a  statement  of  the  value  of  such  rail- 
road and  railroad  property  from  the  agent  thereof,  shall  forthwith 
make  out  a  true  and  attested  copy  thereof,  and  shall  forward  the 
same  to  the  secretary  of  state,  who  shall  on  the  reception  thereof 
lay  the  same  before  the  next  legislature. 

Sect.  5.  All  Acts  and  parts  of  Acts  inconsistent  with  this  Act 
are  hereby  repealed.     Approved,  March  17,  1S43. 

Laws  of  1845,  Chap.  165. 
An  Act  providing  for  the  taxing  of  Railroads  and  Railroad  property  in  this  State. 

Sect.  1.  Be  it  enacted,  ^c.  That  all  the  real  estate  of  any  rail- 
road company  heretofore  incorporated,  or  which  may  be  hereafter 
incorporated  in  this  State,  shall  be  taxable  to  said  corporation  by 
the  several  cities,  towns,  and  plantations  in  which  said  real  estate 
may  lie,  in  the  same  manner  as  the  lands  and  other  property 
owned  by  private  persons,  and  shall,  in  the  valuation  list,  be  esti- 
mated like  other  real  estate  of  the  same  qualit}'-  and  value  in  such 
city,  town,  or  plantation  :  Provided  however,  that  the  track  of  any 
railroad  belonging  to  any  railroad  company  incorporated  by  this 
State,  and  the  land  on  which  any  railroad  track  is,  or  may  be 
constructed,  shall  not  be  deemed  real  estate. 

Sect.  2.  The  shares  of  the  respective  stockholders  in  any  rail- 
road company  in  this  State,  shall  be  deemed  personal  estate,  and 


MAINE.  818 

shall  be  taxable  as  such  to  the  owners  in  the  places  where  they 
reside. 

Sect.  3.  All  railroad  corporations,  unless  it  is  otherwise  provided 
in  their  charter,  shall  keep  in  a  book  for  that  purpose,  a  regular 
account  of  all  their  disbursements,  expenditures,  and  receipts  ;  and 
the  books  of  said  corporation  shall  at  all  times  be  open  to  the 
inspection  of  the  governor  and  council,  and  at  the  expiration  of 
every  year  the  treasurer  of  every  such  corporation  shall  make  an 
exhibit  under  oath  to  the  legislature  of  the  disbursements,  expendi- 
tures, and  receipts  upon  their  respective  railroads. 

Sect.  4.  All  Acts  and  parts  of  Acts  heretofore  passed  providing 
for  the  taxing  of  the  track  of  any  railroad  or  the  land  on  which 
the  same  is  constructed,  as  real  estate,  are  hereby  repealed.  Ap- 
proved, April  7,  1845. 

Laws  of  1346,  Ch^ip.  197. 

An  Act  for  the  prevention  and  punishment  of  the  wilful  and  maKcious  obstruction 

of  Railroads. 

Sect.  1.  Be  it  enacted.  S^'c.  That  if  any  person  shall  wilfully 
and  maliciously  displace  or  disadjust  any  railway  switch  or  rail, 
of  any  railroad,  or  shall  break  down,  rip  up,  injure,  or  destroy  any 
railroad  track,  or  railroad  bridge,  or  any  portion  thereof,  or  place  any 
obstruction  whatever  on  any  such  rail  or  railroad  track  or  bridge, 
widi  intent  that  any  person  or  property  passing  on  and  over 
such  railroad  should  be  injured  thereby,  and  thereby  putting  in 
jeopardy  human  life,  every  person  so  offending  shall  be  punished 
by  solitary  confinement  in  the  state  prison,  for  a  period  not  less 
than  thirty  days,  and  by  confinement  afterwards,  to  hard  labor, 
for  a  period  not  less  than  five  years,  according  to  the  degree  and 
aggravation  of  the  offence. 

Sect.  2.  If  in  consequence  of  any  such  wilful  and  malicious  dis- 
placing, disadjusting,  breaking  down,  ripping  up,  injuring,  destroy- 
ing, or  placing  of  any  obstruction,  as  in  the  preceding  section  men- 
tioned, with  the  intent  therein  set  forth,  any  person  passing  on  and 
over  said  railroad,  shall  actually  suffer  any  bodily  harm  or  any 
property  shall  be  injured,  such  actual  suffering  and  injury  shall  be 
decreed  and  taken  as  an  additional  aggravation  of  the  offence,  and 
the  person  offending  shall  be  punished  accordingly  by  such  further 
prolonged  confinement  to  hard  labor  in  the  state  prison  as  the  cir- 
cumstances of  the  case  may  demand. 

27 


314  GENERAL   LAWS    CONCERNIXG   RAILROADS. 

Sect.  3.  If  any  person  shall  wilfully  and  maliciously  displace 
or  disadjust  any  railway  switch  or  rail  of  any  railroad,  or  shall 
break  down,  rip  np,  injure,  or  destroy,  any  railroad  track,  or  rail- 
road bridge,  or  any  portion  thereof,  or  place  any  obstruction  what- 
ever on  any  such  rail  or  railroad  track  or  bridge,  with  intent  that 
any  person  or  property  passing  on  and  over  said  railroad  should 
be  injured  thereby,  and  if  in  consequence  of  such  wilful  and 
malicious  displacing,  disadjusting,  breaking  down,  ripping  up, 
injuring,  destroying,  or  placing  of  obstructions  as  aforesaid,  any 
person  is  killed,  or  any  life  or  hves  lost,  every  person  so  offending 
shall  be  deemed  and  taken  to  be  guilty  of  murder  and  shall  be 
liable  to  be  indicted  and  tried  for  the  crime  of  murder  with  malice 
aforethought. 

Sect.  4.  It  shall  be  the  duty  of  the  president  of  every  railroad 
now  or  which  hereafter  may  be  put  in  operation  in  this  State,  to 
cause  a  printed  copy  of  this  Act  to  be  kept  constantly  hung  or 
posted  up  in  some  conspicuous  place  in  each  and  every  one  of  their 
several  depots  and  station  houses  for  passengers. 

Sect.  5.  This  Act  shall  take  effect  and  be  in  force  from  and 
after  its  approval  by  the  governor.     Ajyi^oved^  July  30,  184G. 

L.vws  OF  1847,  Chap.  19. 
An  Act  additional  respecting  Coq^orations. 

Be  it  enacted,  4*c.  That  the  provisions  of  sections  fifteen,  six- 
teen, seventeen,  eighteen,  nineteen,  and  twenty,  of  chapter  seventy- 
nine  of  the  Revised  Statutes,  shall  be  extended  to  all  corporations, 
excepting  banking  corporations  and  corporations  for  literary  and 
benevolent  purposes,  and  such  as  by  the  common  law  are  termed 
quasi  corporations.     Aliproved,  July  28,  1847. 

Laws  of  1848,  Chap.  64. 
An  Act  relating  to  Corporations. 

Sect.  1.  Be  it  enacted,  6,'c.  That  it  shall  be  unlawful  for  any 
corporation,  excepting  corporations  for  literary  and  benevolent 
purposes,  banking,  and  such  as  by  the  common  law  are  termed 
quasi  corporations,  within  this  State,  to  make  any  division  of  the 
corporate  funds,  or  property  belonging  to  such  corporation,  so  as 
to  reduce  the  stock  of  such  corporation  below  par  value,  except  to 


MAINE.  315 

close  up  the  concerns  of  such  corporation  after  all  its  debts  are 
paid. 

Sect.  2.  In  all  cases  where  any  corporation,  as  aforesaid,  has 
heretofore  made,  or  shall  hereafter  make  any  such  division  of  the 
corporate  property,  or  funds,  or  of  any  portion  thereof,  and  in  all 
cases  where  such  corporation  has  corporate  property  of  any  kind 
which  is  undivided,  and  which  cannot  be  come  at  readily  to  be 
attached,  or  which  is  not  attachable,  any  judgment  creditor  or 
creditors  of  such  corporation  or  his  or  their  attorney,  may  make 
complaint  thereof  to  the  supreme  judicial  court,  therein  setting 
forth  in  substance  his  or  their  judgment,  and  alleging  the  same  to 
be  unsatisfied  by  reason  of  inability  to  find  corporate  property 
wherewith  to  satisfy  the  same ;  and  that  he  or  they  have  reason 
to  believe  and  do  believe  that  such  corporation  has  property  or 
rights  in  action  in  the  hands  of  its  officers  or  elsewhere,  or  that 
such  corporation  has  made  division  of  corporate  property  or  rights 
in  action  among  the  stockholders  thereof  without  first  causing  the 
payment  of  the  debts  due  from  such  corporation,  and  therein  set- 
ting forth  the  names  of  such  persons  as  he  or  they  shall  allege  to 
have  the  custody  or  possession  of  any  such  property  or  rights  in 
action  either  before  or  after  division  thereof  as  aforesaid ;  and  such 
person  whether  officers  or  stockholders  of  such  corporation  or  not, 
may  be  summoned  into  said  court  by  having  a  copy  of  said  com- 
plaint duly  served  upon  them  fourteen  days  before  the  sitting  of 
said  court,  and  they  shall  be  held  to  make  full  answer  thereto,  and 
a  disclosure  in  writing  and  on  oath  of  all  facts  within  their  know- 
ledge relating  to  any  corporate  property,  or  funds,  or  rights  in 
action  belonging  to  said  corporation  and  which  may  be  in  their 
hands  or  in  the  hands  of  any  other  person  or  which  may  have 
been  divided  among  the  stockholders  of  said  corporation,  as  afore- 
said ;  and  if  any  person  so  summoned  as  aforesaid  shall  have  the 
custody  of  the  records  of  such  corporation,  he  shall  be  bound  to 
produce  the  same  and  to  make  such  extracts  therefrom  in  his 
answer,  as  the  complainant  may  require  and  the  court  shall  direct; 
and  the  said  court  or  either  of  the  judges  thereof  shall  have  power 
to  hear  said  answer  and  disclosure,  and  all  other  evidence  relating 
to  any  such  property  or  rights  in  action  which  may  be  offered  by 
either  party,  and  shall  thereupon  adjudge  and  determine  whether 
such  persons  or  any  of  them,  at  the  time  of  the  service  of  said 
complaint,  held  any  property  or  funds  or  rights  in  action  belonging 
to  said  corporation,  or  which  had  been  divided  among  the  stock- 


316  GENERAL  LAWS  CONCERNING  RAILROADS. 

holders  as  aforesaid ;  or  any  of  said  questions  (at  the  request  ot 
either  party)  may  be  submitted  under  the  direction  of  the  court  to 
a  jury  to  determine ;  and  if  said  court,  either  with  or  without  the 
verdict  of  a  jury,  shall  adjudge  that  said  corporation  has  any  cor- 
porate property,  funds,  or  rights  in  action,  in  the  hands  of  its  offi- 
cers or  stockholders,  so  summoned  as  aforesaid,  or  elsewhere,  or 
has  made  any  division  thereof  as  aforesaid,  then  said  court  shall 
have  full  power  to  order  and  decree  that  said  property,  funds,  or 
rights  in  action  shall  be  held  to  respond  the  judgment  aforesaid, 
and  to  issue  all  such  processes  to  enforce  the  said  order  and  decree, 
and  to  cause  payment  to  be  made  to  the  judgment  creditor  or 
creditors  as  aforesaid,  as  they  now  have  in  cases  in  chancery. 

Sect.  3.  The  court  shall  have  power  to  allow  the  amendment 
of  said  complaint,  by  striking  out  the  names  of  any  persons  sum- 
moned as  aforesaid,  or  by  adding  the  names  of  any  other  persons, 
who  shall  be  summoned  into  court  and  held  to  answer  unto  said 
complaint  in  such  manner  as  the  court  shall  direct,  and  also  to 
award  legal  costs  to  any  of  the  parties  to  said  complaint  as  justice 
and  equity  may  require.     Approved,  August  10,  1848. 

Laws  of  1S49,  Chap.  141. 
An  Act  concerning  Corporations. 

Be  it  enacted  ij*c.  That  whenever  any  corporation  instituted  by 
any  law  of  this  State,  or  any  stockholder,  owner,  or  member  of 
such  corporation,  or  other  person,  shall  withhold  from  inspection, 
at  all  seasonable  hours,  the  records  or  books  of  such  corporation 
from  any  stockholder,  owner,  member,  or  other  person  interested 
in  such  records  or  books  of  such  corporation,  or  shall  neglect  or 
refuse  to  exhibit  the  same,  after  due  notice  to  produce  the  same  for 
such  purpose,  such  corporation,  stockholder,  member,  owner,  or 
other  person  so  withholding,  neglecting,  or  refusing  to  exhibit,  as 
aforesaid,  shall  be  liable  to  pay  to  the  party  injured  thereby,  all 
expenses  and  damages  resulting  therefrom ;  and  whenever  action 
shall  be  pending  in  any  court  in  this  State,  wherein  the  records  or 
books  of  such  corporation  may  be  desired,  and  such  corporation, 
stockholder,  member,  owner,  or  other  person  or  persons,  shall 
withhold  the  records  or  books,  or  cause  the  same  to  be  withheld, 
or  shall  neglect  or  refuse  to  exhibit  the  same,  as  aforesaid,  after 
due  notice  and  demand  for  the  production  of  the  same,  such  cor- 


MAINE.  317 

poration,  stockholder,  member,  owner,  or  person,  so  withholding, 
neglecting,  or  refusing,  or  causing  the  same  to  be  withheld,  as 
aforesaid,  shall  be  liable  to  the  party  injured  thereby  to  pay  all 
costs,  charges,  expenses,  and  damages  resulting  therefrom  :  Pro- 
vided hoivever,  no  stockholder,  owner,  or  member  aforesaid,  shall 
be  subject  to  the  provisions  of  this  Act,  unless  such  stockholder, 
owner,  or  member,  or  other  person,  has  in  his  custody  and  posses- 
sion such  records  or  books,  provided  said  books  are  beyond  his  or 
their  control :  Provided  furiher,  that  this  Act  shall  not  affect  nor 
operate  upon  any  cause  now  pending.     Approved,  u\ug.  15,  1849. 

Latvs  op  1849,  Chap.  145. 

An  Act  in  relation  to  the  returns  of  Railroad  Corporations. 

Sect.  1.  Be  it  enacted,  ^c.  That  every  railroad  corporation  shall 
make  an  annual  report  to  the  secretary  of  state,  of  the  operations 
of  the  year,  ending  on  the  first  day  of  January,  which  report  shall 
be  verified  by  the  oath  of  the  treasurer  of  the  corporation,  and  filed 
in  the  ofiice  of  the  secretary  of  state,  twenty  days  before  the 
annual  meeting  of  the  legislature,  and  shall  state,  first,  the  length 
of  the  road  in  operation,  the  length  of  single  track,  the  length  of 
double  track,  the  time  when  laid  and  the  weight  of  the  rail  per 
yard;  second,  the  capital  stock,  and  the  amount  called  and  paid 
in  ;  tliird,  the  whole  cost  of  the  road,  showing  the  amount  expend- 
ed for  the  purchase  of  lands,  for  grading,  for  expenses  of  engineer- 
ing, for  bridging,  for  masonry,  for  iron,  for  passenger  and  other 
cars ;  fourth,  the  amount  and  nature  of  its  indebtedness  and  the 
amount  due  to  the  corporation ;  fifth,  the  number  of  through  and 
way  passengers  and  the  rate  of  fare  ;  sixth,  the  amount  received 
for  the  transportation  of  passengers,  of  property,  of  the  mails,  and 
other  sources  ;  seventh,  the  number  of  depots,  engine  houses, 
shops,  engnies,  and  cars  ;  eighth,  the  number  of  miles  run  by  pas- 
senger, freight,  and  other  trains  respectively,  and  the  average  rate 
of  speed ;  ninth,  the  whole  number  of  stockholders,  and  the  num- 
ber who  reside  in  this  State ;  tenth,  the  amount  of  each  dividend, 
and  when  made ;  eleventh,  the  amount  charged  for  depreciation  of 
road  and  other  property ;  twelfth,  the  number  of  persons  injured 
in  hfe'or  limb,  the  cause  of  injury,  and  whether  passengers  or 
persons  employed ;  thirteenth,  whether  any  such  accidents  have 
arisen  from  carelessness  or  negligence  of  any  person  in  the  employ 

27* 


318     .     GENERAL  LAWS  CONCERNING  RAILROADS. 

of  the  corporation,  and  whether  such  person  is  retained  in  the  ser- 
vice of  the  corporation. 

Sect.  2.  It  shall  be  the  duty  of  the  secretary  of  state,  to  arrange 
the  information  which  may  be  contained  in  such  reports  in  a  tabu- 
lar form,  and  prepare  the  same  in  a  single  document,  for  the  use  of 
the  legislature  at  the  commencement  of  its  session. 

Sect.  3.  This  Act  shall  take  effect  and  be  in  force  from  and 
after  the  first  day  of  January,  in  the  year  one  thousand  eight  hun- 
dred and  fifty-one.     Approved,  August  15,  1849. 


RAILROAD 


LAWS  AND  CHARTERS  OP  ^^EW  HAMPSHIRE, 


ARRANGED  IN  CHRONOLOGICAL  ORDER, 


WITH    A 


SYNOPSIS   AND   EXPLANATORY  REMARKS. 


RAILROAD 


LAWS  AND  CHA:RTERS  OF  NEW  HAMPSHIEE. 


CONCORD    RAILROAD    CORPORATION. 

INCORPORATED    IN    NEW    HAMPSHIRE    IN    1835. 

Chap.  1  of  the  Private  Acts  of  1835  contains  the  Charter. 

Sect.  1  grants  corporate  powers,  and  describes  the  route ;  it  also  grants  the  right  to 
enter  on  the  Nashua  and  Lowell  Railroad,  paying  for  the  right  to  use  the  same 
such  toll  as  the  Legislature  may  prescribe,  and  subject  to  the  rules  and  regulations 
of  the  latter  Company ;  provided,  however,  that  it  shall  not  be  so  laid  out  as  to 
be  a  substitute  for  the  latter  Company ;  the  Corporation  is  authorized  to  lay  out 
their  road  six  rods  wide,  and  to  take  land  and  materials  for  its  construction,  being 
liable,  however,  for  damages  occasioned  thereby. 

Sect.  2  limits  the  capital  stock  to  10,000  shares,  and  vests  the  government  of  the 
Corporation  in  seven  Directors,  a  majority  of  whom  shall  form  a  quorum,  and  who 
shall  choose  officers. 

Sect.  3  defines  the  powers  and  duties  of  the  President  and  Directors  ;  it  authorizes 
them  to  sell  the  shares  of  any  subscriber,  if  he  fail  to  pay  assessments,  after  sixty 
days'  notice  thereof  by  the  Directors,  and  makes  such  subscriber  liable  for  any 
deficiency  remaining  after  such  sale  ;  it  limits  the  assessments  to  fifty  dollars  on 
each  share ;  authorizuig,  if  necessary,  an  increase  of  shares,  to  be  distributed 
among  the  stockholders,  in  proportion  to  the  amount  of  theii-  original  stock. 

Sect.  4  gives  to  the  Company  power  to  make  by-laws  and  regulations,  not  repugnant 
to  the  laws  of  the  State. 

Sect.  5  grants  to  the  Corporation  a  toll  for  the  transportation  of  passengers  and 
merchandise ;  reserving,  however,  to  the  Legislature,  the  power  to  reduce  the 
rates  of  toll,  after  the  expiration  of  five  years,  if  the  net  income  shall  have  ex- 
ceeded 10  per  cent,  per  annum  on  the  cost  of  the  road,  and  provided  that  no  other 
railroad  shall  run  parallel  with  or  be  substituted  for  this,  witliin  five  miles,  for 
thirty  years. 

Sect.  6  authorizes  the  Directors  to  erect  toll-houses  and  collect  toll. 

Sect.  7  provides  that  the  Corporation  shall  be  liable  to  pay  damages  for  land  taken, 


323  CONCORD    RAILROAD    CORPORATIOX. 

to  be  estimated  by  a  Committee  to  be  appointed  by  the  Court  of  Common  Pleas  ; 
and  said  court  shall  issue  execution  founded  upon  their  report. 

Sect.  8  authorizes  the  husband  of  married  women,  and  the  guardian  of  persons 
incapable  to  contract,  to  release  their  claims  for  such  damages. 

Sect.  9  affixes  a  penalty  for  damages  done  to  the  road,  and  establishes  the  mode  of 
recovering  the  same. 

Sect.  10  appoints  the  time  of  the  annual- meeting,  the  manner  of  choosing  Directors 
and  of  organizing  the  Company,  and  provides  for  special  meetings. 

Sect.  11  directs  the  manner  of  crossing  any  private  way,  highway,  canal,  or  turn- 
pike, and  makes  the  Company  liable  for  damages,  to  be  recovered  ia  an  action  on 
the  case  by  any  party  or  Corporation  aggrieved ;  the  Avritten  opinion  of  the  Court 
of  Common  Pleas  having  first  been  obtained  in  favor  of  any  required  amendment 
or  alteration. 

Sect.  1 2  provides  that  the  Company  must  be  organized,  one  fourth  part  of  the  stock 
subscribed  for,  the  location  of  the  route  filed,  and  the  sum  of  .$6000  expended 
before  June  1,  1840,  and  the  road  completed  before  June  1,  1845,  or  this  Act  shall 
be  void ;  otherwise  to  remain  in  full  force  for  fifty  years,  or  until  the  State  shall 
purchase  the  road  as  hereinafter  mentioned. 

Sect.  1 3  enacts  that  the  Company  shall  keep  in  good  repair  all  bridges  with  their 
abutments  and  embankments,  and  in  default  thereof  shall  be  liable  in  damages  to 
any  party  aggrieved. 

Sect.  14  appoints  the  time  of  making  the  annual  report,  and  requires  the  Company 
to  keep  their  books  open  to  the  inspection  of  a  Committee  of  the  Legislature. 

Sect.  15  authorizes  the  erection  of  bridges  over  the  Merrimack  River,  so  a:s  not  to 
impede  navigation. 

Sect.  16  gives  this  Company  power  to  connect  vnth  the  Boston  and  Lowell  Rail- 
road, and  to  increase  their  stock  so  as  to  enable  them  to  extend  the  road  for  that 
purpose. 

Sect.  17  reserves  to  the  State  the  right,  after  twenty  years  from  the  completion  of 
the  road,  to  purchase  the  francliise  and  property  of  the  Corporation,  by  paying 
them  the  cost  of  the  road,  and  such  sum  as,  with  the  net  income  of  the  road,  shall 
equal  10  per  cent,  per  annum  upon  its  cost,  if  at  the  time  of  the  purchase  such 
income  shall  not  have  amounted  to  12  per  cent,  thereon. 

Sect.  18  provides  that  nothing  in  this  Act  shall  affect  the  rights  of  any  existing 
Railroad  Corporation. 

Chapter  29  of  the  Private  Acts  of  1839  contains  an  Act  in  addition  to  the  foregoing. 

It  allows  the  further  term  of  two  years  to  file  a  new  location  of  the  route  and  com- 
plete the  road. 

Chapter  563  of  the  Laws  of  1840  contains  an  additional  Act. 

Sect.  1  confirms  certain  doings  of  the  Company  as  a  compliance  with  the  Act  of 
June  20,  1840,  respecting  railroad  and  other  Corporations  ;  it  requires  them,  in 
all  cases  where  land  damages  cannot  be  agreed  upon,  to  apply  forthwith  to  the 
County  Court  for  an  appraisement  thereof,  and  to  give  bonds,  equal  to  t^vice  the 
value  of  the  land,  to  pay  all  damages ;  in  default  thereof,  they  may  be  enjoined 
from  proceeding  further  and  shall  be  liable  in  treble  damages. 

Chapter  39  of  the  Laws  of  1843  co7itains  an  Act  repealing  a  part  of  Section  5  of  the 

Act  incorporating  the  Company. 


NEW    HAMPSHIRE.  '  323 

Laavs  of  1835,   Ch.vp.  1. 

An  Act  to  incorporate  the  "  Concord  Raikoad  Corporation." 

Be  it  enacted  by  the  Senate  and  IJoiise  of  Repi^esentaiives  in 
General  Court  convened,  That  Isaac  Hill,  Richard  Hazen  Ayer, 
Charles  H.  Peaslee,  Joseph  Low.  Francis  N.  Fisk,  George  Kent, 
Robert  Davis,  Abial  Walker,  Richard  Bradley,  John  K.  Simpson, 
Horatio  Hill,  William  Gaiilt,  Joseph  P.  Stickney.  Arlond  Carroll, 
John  R.  Reding,  John  Nesmith,  Samuel  Coffin,  Samuel  Herbert, 
and  their  associates,  successors,  and  assigns,  be  and  they  hereby 
are  made  a  body  politic  and  corporate,  under  the  name  of  the 
"Concord  Railroad  Corporation,"  and  by  that  name  shall  be  and 
hereby  are  made  capable  in  law,  to  sue  and  be  sued  to  final  judg- 
ment and  execution,  plead  and  be  impleaded,  defend  and  be  de- 
fended, in  any  court  of  record  or  in  any  other  place  whatever,  to 
make,  have,  and  use  a  common  seal,  and  the  same  to  break, 
renew,  or  alter  at  pleasure,  and  shall  be  and  hereby  are  vested 
with  all  the  powers,  privileges,  and  immunities,  which  are  or  may 
be  necessary  to  carry  into  elfect  the  purposes  and  objects  of  this 
Act,  as  hereinafter  set  forth,  and  subject  to  all  the  liabilities  inci- 
dent to  corporations  of  a  similar  nature.  And  the  said  corporation 
are  hereby  authorized  and  empowered  to  locate,  construct,  and 
finally  complete  a  railroad,  beginning  at  any  point  at  the  southerly 
line  of  the  State,  in  either  of  the  towns  of  Hudson,  Pelham,  or 
Salem  —  or  beginning  at  any  point  in  Nashua  village  in  Dun- 
stable, or  between  the  factories  of  the  Jackson  Company  in  Dun- 
stable and  Merrimack  River,  so  as  to  enter  on  the  Nashua  and 
Lowell  Railroad,  paying  for  the  right  to  use  the  same  or  any  part 
thereof,  such  a  rate  of  toll  as  the  legislature  may  from  time  to  time 
prescribe,  and  complying  with  such  rules  and  regulations  as  may 
be  established  by  said  Nashua  and  Lowell  Railroad  Corporation, 
and  running  northerly  to  the  town  of  Concord,  in  the  county  of 
Merrimack  in  this  State,  in  such  manner  and  form  as  they  may 
deem  expedient :  Provided,  that  the  said  Concord  Railroad  shall 
not  be  so  laid  out  and  constructed  as  to  be  a  substitute  for  the 
Nashua  and  Lowell  Railroad,  but  if  commenced  at  the  hne  of  the 
State  in  either  of  the  said  towns  of  Hudson,  Pelham,  or  Salem, 
shall  be  carried  on  the  easterly  side  of  Merrimack  River,  as  far 
northerly  as  Amoskeag  village  in  GoiTstown.     And  for  this  pur- 


324  CONCORD    RAILROAD    CORPORATION. 

pose,  the  said  corporation  are  authorized  to  lay  out  their  road  not 
exceeding  six  rods  wide,  through  the  whole  length  ;  and  for  the 
purpose  of  cuttings,  embankments,  and  procuring  stone  and  gravel, 
may  take  as  much  more  land  as  may  be  necessary  for  the  proper 
construction  and  security  of  said  road  :  Provided,  however,  that 
all  damages  that  may  be  occasioned  to  any  person  or  persons,  cor- 
poration or  corporations,  by  the  taking  of  such  land  or  materials 
for  the  purposes  aforesaid,  shall  be  paid  for  by  said  corporation  in 
the  manner  hereinafter  provided. 

Sect.  2.  That  the  capital  stock  of  said  corporation  shall  consist 
of  ten  thousand  shares,  and  the  immediate  government  and  direc- 
tion of  the  affairs  of  the  said  corporation  shall  be  vested  in  seven 
directors,  who  shall  be  chosen  by  the  members  of  the  corporation 
in  the  manner  hereinafter  provided,  and  shall  hold  their  offices 
until  others  shall  be  duly  elected  and  qualified  to  take  their  place 
as  directors.  And  the  said  directors,  a  majority  of  whom  shall 
form  a  quorum  for  the  transaction  of  business,  shall  elect  one  of 
their  own  number  to  be  president  of  the  board,  who  shall  also  be 
president  of  the  corporation,  and  shall  have  authority  to  choose  a 
clerk,  who  shall  be  sworn  to  the  faithful  discharge  of  his  duty ; 
who  shall  also  be  clerk  of  the  corporation  unless  the  corporation 
shall  elect  some  other  person  to  that  office  ;  a  treasurer,  who  shall 
give  bonds  to  the  corporation  with  sureties  to  the  satisfaction  of 
the  directors  in  a  sum  not  less  than  twenty  thousand  dollars,  for 
the  faithful  discharge  of  his  trust ;  also,  all  other  such  agents  and 
servants  as  shall  from  time  to  time  be  necessary. 

Sect.  3.  That  the  president  and  directors  for  the  time  being  are 
authorized  and  empowered  by  themselves  or  their  agents,  to  exer- 
cise all  the  powers  herein  granted  to  the  corporation  for  the  pur- 
poses of  locating,  constructing,  and  completing  said  railroad ;  and 
for  the  transportation  of  persons,  goods,  and  merchandise  thereon ; 
and  all  such  other  powers  and  authority  for  the  management  of 
the  affairs  of  the  corporation,  not  heretofore  granted,  as  may  be 
necessary  and  proper  to  carry  into  effect  the  object  of  this  grant,  to 
purchase  and  hold  land,  materials,  engines,  cars,  and  other  neces- 
sary things  in  the  name  of  the  corporation,  for  the  use  of  said  road 
and  for  the  transportation  of  persons,  goods,  and  merchandise ;  to 
make  such  equal  assessments  from  time  to  time  on  all  the  shares 
in  said  corporation  as  they  may  deem  expedient  and  necessary  in 
the  execution  and  progress  of  the  work,  and  direct  the  same  to  be 
paid  to  the  treasurer  of  the  corporation ;  and  the  treasurer  shall 


NEW    HAMPSHIRE.  325 

give  notice  of  such  assessments.  And  in  case  any  subscriber  shall 
neglect  to  pay  his  assessments  for  the  space  of  sixty  days  after  due 
notice  by  the  treasurer  of  said  corporation,  the  directors  may  order 
the  treasiu'er  to  sell  the  share  or  shares  of  such  delinquent  subscri- 
ber at  public  auction,  after  due  notice  thereof,  to  the  highest  bidder, 
and  the  same  shall  be  transferred  to  the  purchaser.  And  such 
delinquent  subscriber  shall  be  held  accountable  to  the  corporation 
for  the  balance,  if  his  share  or  shares  shall  sell  for  less  than  the 
assessments  due  thereon,  with  interest  and  costs  of  sale,  and  shall 
be  entitled  to  the  overplus  if  any  there  be.  Provided,  however, 
that  no  assessments  shall  be  laid  upon  any  share  in  said  corpora- 
tion of  a  greater  amount  than  fifty  dollars  in  the  whole  on  each 
share.  And  if  a  greater  amount  of  money  shall  be  necessary  to 
complete  the  said  road,  it  shall  be  raised  by  creating  new  shares, 
giving  the  stockholders  in  said  corporation  the  right  to  take  said 
stock  in  proportion  to  the  stock  by  them  respectively  owned  in 
said  corporation. 

Sect.  4.  That  the  said  corporation  shall  have  power  to  make, 
ordain,  and  establish  all  such  by-laws,  rules,  regulations,  and 
ordinances  as  they  shall  deem  expedient  and  necessary  to  accom- 
plish the  designs  and  purposes,  and  to  carry  into  eifect  the  provis- 
ions of  this  Act,  and  for  the  well  ordering,  regulating,  and  securing, 
the  interests  and  affairs  of  the  corporation.  Provided  the  same  be 
not  repugnant  to  the  constitution  and  laws  of  this  State. 

Sect.  5.  That  a  toll  be  and  hereby  is  granted  and  established 
for  the  sole  benefit  of  said  corporation  upon  all  passengers  and  pro- 
perty of  all  descriptions,  which  may  be  conveyed  or  transported 
upon  said  road,  at  such  rates  per  mile  as  may  be  agreed  upon  and 
established  from  time  to  time  by  the  directors  of  said  corporation. 
The  transportation  of  persons  and  property,  the  construction  of 
wheels,  the  forms  of  cars  and  carriages,  the  weight  of  loads,  and 
all  other  matters  and  things  in  relation  to  the  use  of  said  road  shall 
be  in  conformity  to  such  rules,  regulations,  and  provisions  as  the 
directors  shall  from  time  to  time  prescribe  and  direct,  and  said  road 
may  be  used  by  any  person  or  persons,  who  shall  comply  with 
such  rules  and  regulations.  Provided,  that  if  at  the  expiration  of 
five  years  from  and  after  the  opening  of  said  road  for  use,  the  net 
income  or  receipts  from  tolls  and  other  profits,  shall  have  amount- 
ed to  more  than  ten  per  cent,  per  annum  upon  the  whole  cost  of 
the  road  from  the  time  of  the  disbursements,  the  legislature  of  this 
State  may  take  measures  to  alter  and  reduce  the  rate  of  tolls  and 

28 


326  CONCORD   RAILROAD   CORPORATION. 

Other  profits  in  such  manner  as  to  take  oif  the  overplus  for  the  next 
five  years,  calculating  the  amount  of  transportation  upon  the  road 
to  be  the  same  as  the  five  preceding  years;  and  at  the  expiration 
of  every  five  years  the  same  proceedings  may  be  had.  Provided, 
however,  that  there  shall  be  no  other  railroad  incorporated  to  run 
parallel  with  or  intended  as  a  substitute  for  the  Concord  Railroad 
within  five  miles  thereof  for  the  space  of  thirty  years. 

Sect.  6.  That  the  directors  of  said  corporation  for  the  time 
being  are  hereby  authorized  to  erect  toll-houses  and  houses  for  the 
deposit  of  merchandise,  establish  gates,  appoint  toll-gatherers,  and 
demand  and  receive  toll  upon  the  road  when  completed,  and  upon 
such  parts  thereof  as  shall  from  time  to  time  be  completed. 

Sect.  7.  That  the  said  corporation  shall  be  holden  to  pay  all 
damages  that  may  arise  to  any  person  or  persons,  corporation  or 
corporations,  by  taking  their  land  or  other  property  for  said  rail- 
road, when  the  same  cannot  be  obtained  by  voluntary  agreement, 
to  be  estimated  by  a  committee  to  be  appointed  for  that  purpose, 
by  the  court  of  common  pleas  for  the  county  wherein  such  dam- 
ages shall  accrue,  and  said  court  may  issue  execution  founded  on 
the  report  of  such  committee  against  said  corporation  for  such  sura 
in  damages  as  said  committee  shall  report  and  cost. 

Sect.  8.  That  when  the  lands  or  other  property  or  estate  of  any 
feme  covert,  infant,  or  person  noii  compos  mentis,  shall  be  necessary 
for  the  construction  of  said  railroad,  the  husband  of  such  feme 
covert,  and  the  guardian  of  such  infant,  or  person  non  comjms  tnen- 
tis,  may  release  all  damages  for  any  land  or  estate  taken  and  ap- 
propriated as  aforesaid,  as  they  might  do  if  the  same  were  holden 
by  them  in  their  own  right  respectively. 

Sect.  9.  That  if  any  person  or  persons  shall  unlawfully,  wil- 
fully, and  maliciously  obstruct  the  passage  of  any  carriage  on  said 
railroad,  or  in  any  way  injure,  spoil,  or  destroy  said  railroad  or 
any  part  thereof,  or  shall  aid  or  assist  therein,  such  person  or  per- 
sons so  obstructing  the  passage  of  such  carriage,  or  so  injuring, 
spoiling,  or  destroying  said  railroad  or  any  part  thereof,  or  so  aid- 
ing or  assisting  therein,  shall  for  every  such  offence,  on  conviction 
thereof  before  any  court  of  competent  jurisdiction,  forfeit  and  pay 
a  fine  not  less  than  thirty  dollars  nor  more  than  five  hundred  dol- 
lars, for  the  use  of  the  county  wherein  such  ofience  may  be  com- 
mitted, and  may  be  imprisoned  for  a  term  not  exceeding  one  year, 
at  the  discretion  of  the  court  before  whom  such  conviction  may 
be  had. 


NEW    HAMPSHIRE.  327 

Sect.  10.  That  the  annual  meeting  of  the  members  of  said  cor- 
poration shall  be  holden  on  the  first  Wednesday  of  July,  at  such 
place  within  this  State,  as  the  directors  for  the  time  being  shall 
appomt ;  at  which  meeting  seven  directors  shall  be  chosen  by  bal- 
lot, each  proprietor  being  entitled  to  as  many  votes  as  he  holds 
shares,  provided  they  do  not  exceed  one  tenth  part  of  the  whole 
number  ;  and  the  three  persons  first  named  in  this  Act,  or  any  two 
of  them,  are  hereby  authorized  to  call  the  first  meeting  of  said 
corporation,  by  giving  notice  in  the  New  Hampshire  Patriot  and 
State  Gazette,  published  at  Concord,  in  the  county  of  Merrimack, 
in  this  State,  and  in  some  paper  published  in  Lowell,  and  some 
paper  published  in  the  city  of  Boston,  in  the  Commonwealth  of 
Massachusetts.  And  the  directors  are  hereby  authorized  to  call 
special  meetings  of  the  stockholders,  whenever  they  shall  deem  it 
expedient  and  proper,  giving  such  notice  as  the  corporation  by 
their  by-laws  shall  direct. 

Sect.  11.  That  if  the  said  railroad  in  the  course  thereof  shall 
intersect  or  cross  any  private  way,  the  said  corporation  shall  so 
construct  said  railroad  as  not  to  obstruct  the  safe  and  convenient 
use  of  such  private  way ;  and  if  said  railroad  shall  not  be  so  con- 
structed, the  party  aggrieved  shall  be  entitled  to  his  action  on  the 
case  in  any  court  proper  to  try  the  same,  and  shall  recover  his 
reasonable  damages  for  such  injury  ;  and  if  the  said  railroad  shall 
in  the  course  thereof  intersect  or  cross  any  canal,  turnpike,  or 
other  highway,  which  has  been  or  may  hereafter  be  laid  out  in 
pursuance  to  the  laws  of  this  State,  the  said  railroad  shall  be  so 
constructed  as  not  to  impede  or  obstruct  the  safe  and  convenient 
use  of  such  canal,  turnpike,  or  other  highway.  And  the  said  cor- 
poration shall  have  the  power  to  raise  or  lower  such  turnpike, 
highway,  or  private  way,  so  that  the  said  railroad,  if  necessary, 
may  conveniently  pass  under  or  over  the  same  ;  and  if  said  corpo- 
ration shall  raise  or  lower  any  such  turnpike,  highway,  or  private 
way,  and  shall  not  so  raise  or  lower  the  same  as  to  be  satisfactory 
to  the  proprietors  of  such  turnpike  or  to  the  selectmen  of  the  town 
in  which  said  highway  or  private  way  may  be  situate,  as  the  case 
may  be,  said  proprietors  or  selectmen  may  require  in  writing  of 
said  corporation  such  alteration  or  amendment  as  they  rndLj  think 
necessary.  And  if  the  required  amendment  or  alteration  be  reason- 
able and  proper,  in  the  written  opinion  of  the  justices  of  the  court 
of  common  pleas  for  the  county  in  which  such  alteration  or  amend- 
ment is  proposed,  and  the  said  corporation  shall  unnecessarily  and 


828  COIfCORD   RAILROAD    CORPORATION. 

unreasonably  neglect  to  make  the  same,  such  proprietors  or  select- 
men, as  the  case  may  be,  may  proceed  to  make  such  alteration  or 
amendment,  and  may  institute  and  prosecute  to  final  judgment 
and  execution  in  any  court  proper  to  try  the  same,  any  action  of 
the  case  against  said  corporation,  and  shall  therein  recover  reason- 
able damages  for  all  charges,  disbursements,  labor,  and  services 
occasioned  by  making  such  alterations  or  amendments,  with  costs 
of  suit. 

Sect.  12.  That  if  said  corporation  shall  not  have  been  organized, 
one  fourth  part  of  the  stock  subscribed,  and  the  location  of  the 
route  filed  with  the  Secretary  of  State  on  or  before  the  first  day  of 
June,  eighteen  hundred  and  thirty-seven,  or  shall  not  have  laid 
out  and  expended  the  sum  of  six  thousand  dollars  towards  the 
completion  of  the  same,  previous  to  the  first  day  of  September,  in 
the  year  of  our  Lord  eighteen  hundred  and  forty,  or  shall  fail  to 
complete  the  same  before  the  first  day  of  June,  eighteen  hundred 
and  forty-five,  in  either  of  the  abovementioned  cases  this  Act  shall 
be  null  and  void ; — otherwise  to  remain  in  full  force  fifty  years  from 
the  passage  of  this  Act,  or  until  this  State  shall  purchase  said  rail- 
road as  is  hereinafter  mentioned. 

Sect.  13.  That  said  railroad  corporation  shall  constantly  main- 
tain in  good  repair,  all  bridges  with  their  abutments,  and  embank- 
ments, which  they  may  construct  for  the  purpose  of  conducting 
their  railroad  over  any  canal,  turnpike,  or  other  highway,  or 
any  private  way,  or  for  conducting  such  private  way,  turnpike,  or 
other  highway,  over  said  railroad ;  and  in  default  thereof  shall  be 
liable,  in  an  action  of  the  case,  to  respond  in  damages  to  the  party 
aggrieved. 

Sect.  14.  That  it  shall  be  the  duty  of  the  directors  of  said  cor- 
poration, from  year  to  year,  on  or  before  the  first  Wednesday  of 
June,  to  make  a  report  to  the  legislature  of  this  State,  of  their 
Acts  and  doings,  receipts  and  expenditures  under  the  provisions  of 
this  Act.  And  their  books  shall  at  all  times  be  open  to  the  inspec- 
tion of  any  committee  of  the  legislature  appointed  for  that  purpose. 
And  if  said  corporation  shall  unreasonably  neglect  or  refuse  to 
make  such  report,  at  the  expiration  of  every  year  after  the  open- 
ing of  said  railroad,  for  every  such  neglect  or  refusal  they  shall 
forfeit  and  pay  to  the  use  of  the  State  a  sum  not  exceeding  five 
thousand  dollars,  to  be  recovered  by  action  or  nidictment  in  any 
court  of  competent  jurisdiction. 

Sect.  15.  That  the  said  corporation  be  and  they  hereby  are 


NEW   HAMPSHIRE.  329 

authorized  and  empowered  to  erect,  for  the  sole  use  and  exclusive  ac- 
commodation of  the  travel  on  their  said  railroad,  if  they  shall 
deem  it  necessary,  such  bridge  or  bridges  as  may  be  required 
across  the  waters  of  the  Merrimack  River,  provided  said  bridge,  or 
bridges  shall  be  so  constructed  as  not  to  obstruct,  nor  unnecessa- 
rily impede  the  navigation  of  said  river. 

Sect.  16.  That  the  said  Concord  Railroad  Corporation  shall 
have  full  power  and  authority  to  extend  the  said  railroad  from  the 
southern  line  of  this  State,  so  as  to  connect  with  the  Boston  and 
Lowell  Railroad,  whenever  the  State  of  Massachusetts  shall  have 
granted  to  said  corporation  power  so  to  do ;  and  for  that  purpose 
said  corporation  may  have,  and  receive  from  said  State,  power,  and 
authority  so  to  extend  said  railroad  with  such  reasonable  and 
proper  restrictions,  qualifications,  and  conditions  as  may  be  requir- 
ed by  said  State,  and  agreed  to  by  the  stockholders  at  a  meeting 
called  for  that  purpose  ;  and  to  enable  said  corporation  so  to  extend 
said  railroad,  the  capital  stock  of  said  corporation  may  be  enlarged 
by  new  shares,  so  far  as  may  be  necessary  to  defray  the  expenses 
of  so  extending  said  railroad  and  other  charges  and  expenses,  inci- 
dent thereto.  Provided^  the  stockholders  have  a  right  to  subscribe 
for  such  new  shares,  in  proportion  to  the  stock  held  by  each  respect- 
ively in  said  Concord  Railroad  Corporation. 

Sect.  17.  That  this  State,  at  any  time  during  the  charter  of  the 
Concord  Railroad  Corporation,  after  the  expiration  of  twenty  years 
from  the  time  of  the  completion  of  said  road,  may  purchase  the 
same  of  said  corporation,  and  all  the  franchise,  rights,  and  privi- 
leges of  said  corporation,  by  paying  them  therefor  the  amount  ex- 
pended in  making  said  road ;  and  in  case,  at  the  time  of  such  pur- 
chase, the  said  corporation  shall  not  have  received  a  net  income 
equal  to  twelve  per  cent,  per  annum  on  the  amount  of  such  ex- 
penditure, from  the  time  of  the  payment  thereof  by  the  stockhold- 
ers, by  paying  said  corporation  such  additional  sum,  as  together 
with  the  tolls  and  profits  of  every  kind  which  they  shall  have  re- 
ceived from  said  railroad,  will  be  equal  to  a  net  profit  of  ten  per 
cent,  per  annum  on  the  cost  of  said  road  from  the  time  of  pay- 
ment thereof  by  the  stockholders  to  the  time  of  purchase. 

Sect.  IS.  That  nothing  in  this  Act  shall  be  so  construed  as  to 
afiect  the  rights  of  any  railroad  corporation  heretofore  granted, 
and  that  the  legislature  may  at  any  time  hereafter  alter,  amend  or 
modify  this  Act  or  any  of  its  provisions.  Approved^  June  27, 
1835. 

28* 


330  CONCORD   RAILROAD    CORPORATION. 


Laws  op  1839,  Chap.  29. 

An  Act  in  addition  to  and  in  amendment  of  an  Act  to  incorporate  the  Concord 
Railroad  Corporation,  passed  June  27,  1835. 

Be  it  enacted,  <^c.  That  there  shall  be  and  hereby  is  allowed 
to  the  Concord  Railroad  Corporation  the  term  of  two  years  from 
the  passage  of  this  Act,  to  file  with  the  Secretary  of  State  a  new 
location  of  the  route  of  said  road,  and  to  construct  and  finally 
complete  the  same  accordingly,  any  thing  in  their  Act  of  incorpo- 
ration to  the  contrary  notwithstanding.     Approved,  July  5,  1839. 

Laws  of  1840,  Chap.  563. 

An  Act  in  addition  to  and  explanatory  of  an  Act  relating  to  Railroad  and  other 

Corporations,  passed  June  20,  1840. 

Whereas  the  Concord  Railroad  Corporation,  prior  to  the  passage 
of  the  Act  aforesaid,  had  caused  large  sums  of  money  to  be  raised 
by  assessment  on  the  capital  stock  of  said  corporation,  had  pro- 
cured a  survey  of  their  route  to  be  made  and  filed  a  location  of 
the  same  in  the  ofiice  of  the  Secretary  of  State,  and  had  done  all 
other  acts  and  thmgs  required  by  their  charter  with  a  view  to  a 
construction  of  said  road,  and  whereas  doubts  have  arisen  whether 
these  are  such  a  commencement  of  the  road  as  was  intended  in  the 
Act  passed  as  aforesaid  ;  therefore 

Sect.  1.  Be  it  enacted,  ^-c.  That  said  acts  and  doings  of  said 
corporation  shall  be  considered  a  commencement  of  said  road  un- 
der their  charter,  within  the  meaning  and  intention  of  said  Act  of 
June  20,  1840,  of  which  this  is  explanatory  :  Provided,  that  where 
on  account  of  land  being  owned  by  corporations  or  by  individuals 
without  the  government,  or  for  other  cause,  the  proprietors  of  said 
railroad  shall  be  unable  to  agree  upon  a  purchase  of  land,  in  all 
such  cases  it  shall  be  the  duty  of  said  railroad  corporation  to  apply 
forthwith  to  the  court  within  the  county  where  the  lands  are  sit- 
uated, to  cause  the  same  to  be  appraised,  and  said  court  shall  cause 
said  corporation  to  file,  at  once,  good  and  sufficient  security  in  spe- 
cie or  otherwise,  equal  to  double  the  value  of  said  land,  and  all 
damage  that  may  accrue  to  the  owners  of  the  same;  and  in  default 
of  furnishing  such  security  agreeably  to  the  order  of  said  court, 


NEW  HAMPSHIRE.  331 

the  said  court  shall  issue  an  injunction  against  any  further  pro- 
ceedings of  said  corporation,  and  said  corporation  shall  be  liable  in 
treble  damages  for  all  injury  they  may  have  occasioned  to  the 
same. 

Sect.  2.  That  all  Acts  and  parts  of  Acts  inconsistent  with  this 
Act  be  and  the  same  are  hereby  repealed.  Approved,  December 
23,  1840. 

Laws  of  1843,  Chap.  39. 
An  Act  in  amendment  of  the  charter  of  the  Concord  Railroad  Corporation. 

Be  it  enacted,  6)'c.  That  so  much  of  the  fifth  section  of  the  Act 
entitled  "An  Act  to  incorporate  the  Concord  Railroad  Corpora- 
tion," as  is  in  the  words  following,  to  wit :  "  and  said  road  may 
be  used  by  any  person  or  persons  who  shall  comply  with  such 
rules  and  regulations ;"  be  and  the  same  is  hereby  repealed.  Ap- 
proved, June  30,  1843. 


IvEENE  RAILEOAD   COMPANY. 

INCORPORATED    IN    NEW    HAMPSHIRE    IN    1835. 

Chapter  7  of  the  Private  Acts  of  1835  contains  the  Charter. 

Sect.  1  grants  corporate  powers  and  describes  the  location  of  the  route ;  it  author- 
izes the  Company  to  lay  out  a  road  six  rods  wide,  and  to  take  land  and  materials 
for  its  construction,  being  liable,  however,  for  damages  occasioned  thereby. 

Sect.  2  limits  the  capital  stock  to  10,000  shares,  and  vests  the  government  of  the 
Corporation  in  seven  Directors,  a  majority  of  whom  shall  form  a  quorum,  and 
who  shall  choose  officers. 

Sect.  3  defines  the  powers  and  duties  of  the  President  and  Directors  ;  it  authorizes 
them  to  sell  the  shares  of  any  subscriber,  if  he  fail  to  j^ay  assessments,  after  60 
days'  notice  thereof  by  the  Directors,  and  makes  such  subscriber  liable  for  any 
deficiency  remaining  after  such  sale ;  it  limits  the  assessments  to  $50  on  each 
share,  authorizing,  however,  if  necessary,  an  increase  of  shares,  to  be  distributed 
among  the  stockholders,  in  proportion  to  the  amount  of  their  original  stock. 

Sect.  4  gives  to  the  Company  power  to  make  by-laws  and  regulations,  not  repugnant 
to  the  laws  of  the  State. 

Sect.  5  grants  to  the  Corporation  a  toll,  for  the  transportation  of  passengers  and 
freight ;  reserving,  however,  to  the  Legislature  the  right  to  reduce  the  rates  of  toll, 
after  the  term  of  five  years,  if  the  net  income  thereof  shall  have  exceeded  1 0  per  cent, 
per  annum  on  the  cost  of  the  road,  so  that  the  net  income  shall  equal  that  sum  for 


332  KEEISTB  RAILROAD    COMPANY. 

five  years,  and  so  proceed  at  the  end  of  each  five  years  ;  provided  that  no  other  Rail- 
road shall  run  parallel  with  or  be  a  substitute  for  this,  within  five  miles,  for  thirty 
years. 

Sect.  6  authorizes  the  Directors  to  erect  toll  houses  and  collect  toll. 

Sect.  7  provides  that  the  corporation  shall  be  liable  to  pay  damages  for  land  taken, 
to  be  estimated  by  a  committee  to  be  appointed  by  the  Court  of  Common  Pleas, 
and  said  Court  shall  issue  execution  founded  on  their  report. 

Sect.  8  authorizes  husbands  of  married  women  and  guardians  of  persons  incompe- 
tent to  contract,  to  release  their  claims  for  damages. 

Sect.  9  subjects  any  person  injuring  or  obstructing  the  road,  to  a  fine  and  imprison- 
ment. 

Sect.  10  appoints  the  time  of  the  annual  meeting,  the  manner  of  choosing  Directors 
and  of  organizing  the  Company,  and  provides  for  special  meetings. 

Sect.  11  dii-ects  the  manner  of  crossing  any  private  way,  highway,  canal,  or  turn- 
pike, and  makes  the  Company  liable  for  damages,  to  be  recovered  in  an  action  on 
the  case  by  any  person  or  the  Selectmen  of  any  town  aggrieved ;  provided  he  or 
they  shall  have  submitted  in  writing  any  proposed  alteration  or  amendment,  and 
the  Court  of  Common  Pleas  shall  have  approved  the  same  in  writing. 

Sect.  12  provides  that,  if  said  Corporation  shall  not  be  organized,  one  fourth  part  of 
the  stock  subscribed  for,  and  the  location  filed  before  June  1,  1837,  or  $6000  ex- 
pended before  September  1,  1840,  or  the  road  completed  before  Jujie  1,  184:5,  this 
Act  shall  be  void ;  otherwise  to  remain  in  full  force  for  fifty  years,  or  until  the 
State  shall  purchase  the  road,  as  hereinafter  mentioned. 

Sect.  13  requires  the  Company  to  keep  in  good  repair  all  bridges,  and  in  default 
thereof  to  pay  damages  to  the  party  aggrieved. 

Sect.  14  appoints  the  time  of  making  the  Annual  Report,  and  requires  the  Com- 
pany to  keep  their  books  open  to  the  inspection  of  a  committee  of  the  Legislature, 
and  subjects  them  to  a  penalty  for  neglecting  or  refusing  so  to  do. 

Sect.  15  empowers  this  Company  to  extend  their  road  so  as  to  unite  with  the  Wor- 
cester or  Lowell  Railroad,  in  Massachusetts,  and  to  increase  their  stock  for  that 
purpose,  and  divide  it  among  the  original  stockholders. 

Sect.  16  reserves  to  the  State  the  right,  after  twenty  years,  to  purchase  the  franchise 
and  property  of  the  Corporation,  by  paying  them  the  cost  of  the  road,  and  such 
sum  as  with  the  net  income  shall  equal  12  per  cent,  thereon  per  annum  from  the 
time  of  pajTuent  by  the  stockholders. 

Sect.  17  provides  that  notliing  in  this  Act  shall  aifect  the  rights  of  any  existing 
Railroad  Corporation. 


Peivate  Acts  of  1835,  Chap.  7. 
An  Act  to  incorporate  the  Keene  Railroad  Company. 

Sect.  1.  Be  it  enacted^  ^-c.  That  Aaron  Appleton,  Salma  Hale, 
Joel  Parker,  Samuel  Dinsmoor,  Phinehas  Fiske,  Justus  Perry, 
Phinehas  Handerson,  John  H.  Fuller,  William  Lamson,  Amos 
Twitchell,  John  Wood,  John  Elliot,  their  associates,  successors, 
and  assigns,  be  and  they  hereby  are  made  a  body  politic  and  cor- 
porate under  the  name  of  the  Keene  Railroad  Company ;  and  by 


NEW  HAMPSHIRE.  333 

that  name  shall  be  and  hereby  are  made  capable  in  law,  to  sue  and 
be  sued  to  final  judgment  and  execution,  plead  and  be  impleaded, 
defend  and  be  defended,  in  any  court  of  record  or  in  any  other 
place  whatever,  to  make,  have  and  use  a  common  seal,  and  the 
same  to  break,  alter  or  renew  at  pleasure,  and  shall  be  and  hereby 
are  vested  with  all  the  powers,  privileges,  and  immunities,  which 
are  or  may  be  necessary  to  carry  into  effect  the  purposes  and  ob- 
jects of  this  Act,  as  hereinafter  set  forth,  and  subject  to  all  the  lia- 
bilities incident  to  corporations  of  a  similar  nature.     And  the  said 
corporation  is  hereby  authorized  and  empowered  to  locate,  con- 
struct, and  finally  complete  a  railroad  beginning  at  the  village  in 
the  town  of  Keene  and  county  of  Cheshire,  and  thence  running  to 
the  line  of  this  State,  terminating  in  the  town  of  Fitzwilliam  or 
Rindge,  in  the  direction  towards  Worcester,  in  the  State  of  Massa- 
chusetts, or  in  an  easterly  direction,  &c.  on  such  route  or  track  as 
shall  combme   shortness   of   distance  with  the  most  practicable 
ground,  in  such  manner  and  form  as  by  said  corporation  may  be 
deemed  expedient.     And  for  this  purpose  the  said  corporation  are 
hereby  authorized    to  lay  out  their  road  not  exceeding  six  rods 
wide,  through  the  whole  length;  and  for  the  purpose  of  cutting, 
embanking,  and  procuring  stone  and  gravel,  may  take  as  much 
more  land  as  may  be  necessary  for  the  proper  construction  and 
security  of  said  road.     Provided,  however,  that  all  damages  which 
may  be  occasioned  to  any  person  or  persons,  corporation  or  corpo- 
rations, by  the  taking  of  such  land  or  materials  for  the  purposes 
aforesaid,  shall  be  paid  for  by  said  corporation  in  the  manner  here- 
inafter provided. 

Sect.  2.  That  the  capital  stock  of  said  corporation  shall  consist 
of  ten  thousand  shares,  and  the  immediate  government  and  direc- 
tion of  the  affairs  of  said  corporation  shall  be  vested  in  seven  di- 
rectors, who  shall  be  chosen  by  the  members  of  the  corporation  in 
the  manner  hereinafter  provided,  and  shall  hold  their  offices  until 
others  shall  be  duly  elected  and  qualified  to  take  their  place  as 
directors.  And  the  said  directors,  a  majority  of  whom  shall  form 
a  quorum  for  the  transaction  of  business,  shall  elect  one  of 
their  own  number  to  be  president  of  the  board,  who  shall  also  be 
president  of  the  corporation,  and  shall  have  authority  to  choose  a 
clerk,  who  shall  be  sworn  to  the  faithful  discharge  of  his  duties; 
and  who  shall  also  be  clerk  of  the  corporation  unless  the  corpora- 
tion shall  elect  some  other  person  to  that  office ;  a  treasurer  who 
shall  give  bonds  to  the  corporation  with  sureties  to  the  satisfaction 
of  the  directors  in  a  sum  not  less  than  twenty  thousand  dollars,  for 


334  KEENE   RAILKOAD    COMPANY. 

the  faithful  discharge  of  his  trust;  also,  all  other  such  agents  and 
servants  as  shall  from  time  to  time  be  necessary. 

Sect.  3.  That  the  president  and  directors  for  the  time  being  are 
authorized  and  empowered  by  themselves  or  their  agents,  to  exer- 
cise all  the  powers  herein  granted  to  the  corporation  for  the  pur- 
poses of  locating,  constructing  and  completing  said  railroad ;  and 
for  the  transportation  of  persons,  goods,  and  merchandise  thereon  ; 
and  all  such  other  powers  and  authority  for  the  management  of 
the  affairs  of  the  corporation,  not  heretofore  granted,  as  may  be 
necessary  and  proper  to  carry  into  effect  the  object  of  this  grant, 
to  purchase  and  hold  land,  materials,  engines,  cars,  and  other  ne- 
cessary things  in  the  name  of  the  corporation,  for  the  use  of  said 
road  and  for  the  transportation  of  persons,  goods,  and  merchandise ; 
to  make  such  equal  assessments  from  time  to  time  on  all  the  shares  in 
said  corporation  as  they  may  deem  expedient  and  necessary  in  the 
execution  and  progress  of  the  work,  and  direct  the  same  to  be  paid 
to  the  treasurer  of  the  corporation ;  and  the  treasurer  shall  give 
notice  of  such  assessments.  And  in  case  any  subscriber  shall  neg- 
lect to  pay  his  assessment  for  the  space  of  sixty  days  after  due 
notice  by  the  treasurer  of  said  corporation,  the  directors  may  order 
the  treasurer  to  sell  the  share  or  shares  of  such  delinquent  sub- 
scriber at  public  auction,  after  due  notice  thereof,  to  the  highest 
bidder  therefor,  and  the  same  shall  be  transferred  to  the  purchaser. 
And  such  delinquent  subscriber  shall  be  held  accountable  to  the 
corporation  for  the  balance,  if  his  share  or  shares  shall  sell  for  less 
than  the  assessments  due  thereon,  with  interest  and  costs  of  sale, 
and  shall  be  entitled  to  the  overplus  if  any  there  be.  Provided, 
however,  that  no  assessments  shall  be  laid  upon  any  share  in  said 
corporation,  of  a  greater  amount  than  fifty  dollars  in  the  whole  on 
each  share.  And  if  a  greater  amount  of  money  shall  be  necessary 
to  complete  the  said  road,  it  shall  be  raised  by  creating  new  shares, 
giving  the  stockholders  in  said  corporation  the  right  to  take  said 
stock,  in  proportion  to  the  stock  by  them  respectively  owned  in  said 
corporation. 

Sect.  4.  That  the  said  corporation  shall  have  power  to  make, 
ordain,  and  establish  all  such  by-laws,  rules,  regulations  and  ordi- 
nances as  they  shall  deem  expedient  and  necessary  to  accomplish 
the  designs  and  purposes,  and  to  carry  into  efiect  the  provisions  of 
this  Act,  and  for  the  well  ordering,  regulating,  and  securing  the  in- 
terests and  affairs  of  the  corporation.  Provided  the  same  be  not 
repugnant  to  the  constitution  and  laws  of  this  State. 

Sect.  5.  That  a  toll  be,  and  hereby  is,  granted  and  established 


NEW   HAMPSHIRE.  335 

for  the  sole  benefit  of  said  corporation,  upon  all  passengers  and 
property  of  every  description,  which  may  be  conveyed  or  trans- 
ported upon  said  road,  at  such  rates  per  mile  as  may  be  agreed  upon 
and  established  from  time  to  time  by  the  directors  of  said  corpora- 
tion. The  transportation  of  persons  and  property,  the  construc- 
tion of  wheels,  the  forms  of  cars  and  carriages,  the  weight  of  loads, 
and  all  other  matters  and  things  in  relation  to  the  use  of  said  road, 
shall  be  in  conformity  to  such  rules,  regulations  and  provisions  as 
the  directors  shall  from  time  to  time  prescribe  and  direct,  and  said 
road  may  be  used  by  any  person  or  persons,  who  shall  comply 
with  such  rules  and  regulations.  Provided,  that  if  at  the  expira- 
tion of  fi.ve  years  from  and  after  the  opening  of  said  road  for  use, 
the  net  income  or  receipts  from  tolls  and  other  profits,  shall  have 
amounted  to  more  than  ten  per  cent,  per  annum  upon  the  whole 
cost  of  the  road  from  the  time  of  the  disbursements,  the  legislature 
of  this  State  may  take  measures  to  alter  and  reduce  the  rate  of 
tolls  and  other  profits,  in  such  manner  as  to  take  ofl'  the  over- 
plus for  the  next  five  years,  calculating  the  amount  of  transporta- 
tion upon  the  road  to  be  the  same  as  the  five  preceding  years ; 
and  at  the  expiration  of  every  five  years  the  same  proceedings 
may  be  had.  Provided  hoivever,  that  there  shall  be  no  other  rail- 
road incorporated  to  run  parallel  with  or  intended  as  a  substitute 
for  the  Keene  Railroad  within  five  miles  thereof,  for  the  space  of 
thirty  years. 

Sect.  6.  That  the  directors  of  said  corporation  for  the  time  being 
are  hereby  authorized  to  erect  toll  houses  and  houses  for  the  de- 
posits of  merchandise,  establish  gates,  appoint  toll  gatherers,  and 
demand  and  receive  toll  upon  the  road  when  completed,  and  upon 
such  parts  thereof  as  shall  from  time  to  time  be  completed. 

Sect.  7.  That  the  said  corporation  shall  be  holden  to  pay  all 
damages  that  may  arise  to  any  person  or  persons,  corporation  or 
corporations,  by  taking  their  land  or  other  property  for  said  Rail- 
road, when  the  same  cannot  be  obtained  by  voluntary  agreement, 
to  be  estimated  by  a  committee  to  be  appointed  for  that  purpose  by 
the  court  of  common  pleas  for  the  county  wherein  such  damages 
shall  accrue ;  and  said  court  may  issue  execution  founded  on  the 
report  of  such  committee  against  said  corporation,  for  such  sum  in 
damages  as  said  committee  shall  report,  and  costs. 

Sect.  8.  That  when  the  lands  or  other  property  or  estate  of  any 
feme  covert,  infant,  or  person  non  compos  mentis,  shall  be  necessary 
for  the  construction  of  said  Railroad,  the  husband  of  such  feme 


336  KEEXE   RAILROAD    COMPANY. 

covert,  and  the  guardian  of  such  infant  or  person  7io7i  compos 
mentis,  may  release  all  damages  for  any  land  or  estate  taken  and 
appropriated  as  aforesaid,  as  they  might  do  if  the  same  were  holden 
by  them  in  their  own  right  respectively. 

Sect,  9.  That  if  any  person  or  persons  shall  unlawfully,  wil- 
fully, and  maliciously  obstruct  the  passage  of  any  carriage  on  said 
railroad,  or  in  any  way  injure,  spoil,  or  destroy  said  railroad  or 
any  part  thereof,  or  shall  aid  or  assist  therein,  such  person  or  per- 
sons so  obstructing  the  passage  of  such  carriage,  or  so  injuring, 
spoiling,  or  destroying  said  railroad  or  any  part  thereof,  or  so  aid- 
ing or  assisting  therein,  shall  for  every  such  offence,  on  conviction 
thereof  before  any  court  of  competent  jurisdiction,  forfeit  and  pay 
a  fine  not  less  than  thirty  dollars,  nor  more  than  five  hundred 
dollars,  for  the  use  of  the  county  wherein  such  offence  may  be 
committed  ;  and  may  be  imprisoned  for  a  term  not  exceeding  one 
year,  at  the  discretion  of  the  court  before  whom  such  conviction 
may  be  had. 

Sect.  10.  That  the  annual  meeting  of  the  members  of  said  cor- 
poration shall  be  holden  on  the  1st  Wednesday  of  January,  at 
such  place  within  this  State,  as  the  directors  for  the  time  being 
shall  appoint ;  at  which  said  meeting  seven  directors  shall  be 
chosen  by  ballot,  each  proprietor  being  entitled  to  as  many  votes 
as  he  holds  shares,  provided  they  do  not  exceed  one  tenth  part  of 
the  whole  number  :  and  the  three  persons  first  named  in  this  Act, 
or  any  two  of  them,  are  hereby  authorized  to  call  the  first  meeting 
of  said  corporation,  by  giving  notice  in  one  or  more  of  the  news- 
papers published  in  said  Keene,  of  the  tmie,  place  and  purpose  of 
such  meeting,  at  least  three  weeks  before  the  time  mentioned  in 
said  notice.  —  And  the  directors  are  hereby  authorized  to  call  spe- 
cial meetings  of  the  stockholders,  whenever  they  shall  deem  it  ex- 
pedient and  proper,  giving  such  notice  as  the  corporation  by  their 
by-laws  shall  direct. 

Sect,  11,  That  if  the  said  railroad  in  the  course  thereof  shall 
intersect  or  cross  any  private  way,  the  said  corporation  shall  so 
construct  said  railroad  as  not  to  obstruct  the  safe  and  convenient 
use  of  such  private  way ;  and  if  said  railroad  shall  not  be  so  con- 
structed, the  party  aggrieved  shall  be  entitled  to  his  action  on  the 
case  in  any  court  proper  to  try  the  same,  and  shall  recover  his 
reasonable  damages  for  such  injury ;  and  if  the  said  railroad  shall 
in  the  course  thereof  intersect  or  cross  any  canal,  turnpike,  or  other 
highway,  which  has  or  may  hereafter  be  laid  out  in  pursuance  to 


XEW   HAMPSHIRE.  337 

the  laws  of  this  State,  the  said  raih'oad  shall  be  so  constructed  as 
not  to  impede  or  obstruct  the  safe  and  convenient  use  of  such  canal, 
turnpike,  or  other  highway.  And  the  said  corporation  shall  have 
the  pov/er  to  raise  or  lower  such  turnpike,  highway,  or  private 
way,  so  that  the  said  railroad,  if  necessary,  may  conveniently  pass 
imder  or  over  the  same ;  and  if  said  corporation  shall  raise  or 
lower  any  such  turnpike,  highway,  or  private  way,  and  shall  not 
so  raise  or  lower  the  same  as  to  be  satisfactory  to  the  proprietors  of 
such  turnpike,  or  to  the  selectmen  of  the  town  in  which  said  high- 
way, or  private  v/ay,  may  be  situate,  as  the  case  may  be,  said  pro- 
prietors or  selectmen  may  require  in  writing  of  said  corporation, 
such  alteration  or  amendment  as  they  may  think  necessary.  And 
if  the  required  amendment  or  alteration  be  reasonable  and  proper, 
in  the  written  opinion  of  the  justices  of  the  court  of  common  pleas 
for  the  county  in  which  such  alteration  or  amendment  is  proposed, 
and  the  said  corporation  shall  unnecessarily  and  unreasonably 
neglect  to  make  the  same,  such  proprietors  or  selectmen,  as  the 
case  may  be,  may  proceed  to  make  such  alteration  or  amendment ; 
and  may  institute  and  prosecute  to  final  judgment  and  execution 
in  any  court  proper  to  try  the  same,  any  action  of  the  case  against 
said  corporation,  and  shall  therein  recover  reasonable  damages  for 
all  charges,  disbursements,  labor,  and  services  occasioned  by  mak- 
ing such  alterations  or  amendments,  with  costs  of  suit. 

Sect.  12.  That  if  said  corporation  shall  not  have  been  organ- 
ized, one  fourth  part  of  the  stock  subscribed,  and  the  location  of 
the  route  filed  with  the  secretary  of  state  on  or  before  the  first  day 
of  June,  eighteen  hundred  and  thirty-seven,  or  shall  not  have  laid 
out  and  expended  the  sum  of  six  thousand  dollars  towards  the 
completion  of  the  same,  previous  to  the  first  day  of  September  in  the 
year  of  our  Lord  eighteen  hundred  and  forty,  or  shall  fail  to  com- 
plete the  same  before  the  first  day  of  June,  eighteen  hundred  and 
forty-five,  in  either  of  the  abovementioned  cases  this  Act  shall  be 
null  and  void  —  otherwise  to  remain  in  full  force  fifty  years  from 
the  passage  of  this  Act,  or  until  this  State  shall  purchase  said  rail- 
road as  is  hereinafter  mentioned. 

Sect.  13.  That  said  railroad  corporation  shall  constantly  main- 
tain in  good  repair  all  bridges,  with  their  abutments  and  embank- 
ments, which  they  may  construct  for  the  purpose  of  conducting 
their  railroad  over  any  canal,  turnpike,  or  other  highway,  or  any 
private  way,  or  for  conducting  such  private  way,  turnpike,  or  other 
highway,  over  said  railroad,  and  in  default  thereof  shall  be  liable 

29 


338  KEENE    RAILROAD    COMPANY. 

in  an  action  of   the  case,  to   respond  in  damages    to  the  party 
aggrieved. 

Sect.  14.  That  it  shall  be  the  duty  of  the  directors  of  said  cor- 
poration from  year  to  year,  on  or  before  the  2d  Wednesday  of  June, 
to  make  a  report  to  the  Legislature  of  this  State,  of  their  acts  and 
doings,  receipts  and  expenditures  under  the  provisions  of  this  Act. 
And  their  books  shall  at  all  times  be  open  to  the  inspection  of  any 
committee  of  the  legislature  appointed  for  that  purpose.  And  if 
said  corporation  shall  unreasonably  neglect  or  refuse  to  make  such 
report,  at  the  expiration  of  every  year  after  the  opening  of  said 
railroad,  for  every  such  neglect  or  refusal  they  shall  forfeit  and  pay 
to  the  use  of  the  State  a  sum  not  exceeding  five  thousand  dollars, 
to  be  recovered  by  action  or  indictment  in  any  court  of  competent 
jurisdiction. 

Sect,  15.  That  the  said  Keene  Railroad  Corporation  shall  have 
full  power  and  authority  to  extend  the  said  road  from  the  southern 
line  of  this  State,  so  as  to  connect  with  the  Worcester  or  Lowell 
Railroad,  whenever  the  State  of  Massachusetts  shall  have  granted 
to  said  corporation  power  so  to  do ;  and  for  that  purpose  said  cor- 
poration may  have  and  receive  from  said  State  power  and  authority 
so  to  extend  said  railroad,  with  such  reasonable  and  proper  restric- 
tions, qualifications,  and  conditions  as  may  be  required  by  said 
State,  tmd  agreed  to  by  the  stockholders  at  a  meeting  called  for 
that  purpose  ;  and  to  enable  said  corporation  so  to  extend  said  rail- 
road, the  capital  stock  of  said  corporation  may  be  enlarged  by  new 
shares,  so  far  as  may  be  necessary  to  defray  the  expenses  of  so  ex- 
tending said  railroad,  and  other  charges  and  expenses  incident 
thereto.  Provided^  the  stockholders  have  a  right  to  subscribe  for 
such  new  shares,  in  proportion  to  the  stock  held  by  each  respect- 
ively in  said  Keene  Railroad  Corporation. 

Sect.  16.  That  this  State  at  any  time  during  the  charter  of  the 
Keene  Railroad  Corporation,  after  the  expiration  of  twenty  years 
from  the  time  of  the  completion  of  said  road,  may  purchase  the 
same  of  said  corporation,  and  all  the  franchise,  rights,  and  privileges 
of  said  corporation,  by  paying  them  therefor  the  amount  expended 
in  making  said  road  ;  and  in  case,  at  the  time  of  such  purchase, 
the  said  corporation  shall  not  have  received  a  net  income  equal  to 
twelve  per  cent,  per  annum  on  the  amount  of  such  expenditure, 
from  the  time  of  the  payment  thereof  by  the  stockholders,  by  pay- 
ing said  corporation  such  additional  sum,  as  together  with  the  tolls 
and  profits  of  every  kind  which  they  shall  have  received  from 


NEW   HAMPSHIRE.  339 

said  railroad,  will  be  equal  to  a  net  profit  of  ten  per  cent,  per 
annum  on  the  cost  of  said  road,  from  the  lime  of  payment  thereof 
by  the  stockholders  to  the  time  of  purchase. 

Sect.  17.  That  nothing  in  this  Act  shall  be  so  construed  as  to 
infringe  on  the  rights  of  any  railroad  corporation  heretofore  granted, 
and  that  this  or  any  future  legislature  may  alter,  amend,  or  modify 
this  Act  or  any  of  its  provisions.     Approved^  June  27.  1835. 


BOSTON  AND    MAINE   RAILROAD. 

INCORPORATED    IN    NEW    HAMPSHIRE     IN    1835. 

Chapter  liofthe  Private  Acts  of  1835  contains  the  Charter. 

Sect.  1  grants  corporate  powers,  describes  the  route,  authorizes  the  Company  to  build 
a  road  sLx  rods  wide,  and  take  land  and  materials  for  its  construction,  being  liable 
for  land  damages. 

Sect.  2  limits  the  capital  stock  to  6000  shares  of  $100  each  ;  vests  the  government  of 
the  Corporation  in  five  Directors,  a  majority  of  whom  shall  constitute  a  quorum, 
and  who  shall  choose  oilicers. 

Sect.  3  defines  the  powers  and  duties  of  the  President  and  Directors ;  authorizing 
them  to  sell  the  shares  of  any  subscriber  who  shall  fail  to  pay  assessments  due, 
after  thirty  days'  notice,  and  making  him  liable  for  any  deficiency  remaining  after 
such  sale;  limiting  the  assessments  to  $100  on  each  share  ;  and  providing  that  new 
shares  may  be  created,  if  necessary,  to  be  distributed  among  the  original  stock- 
holders. 

Sect.  4  authorizes  the  Corporation  to  make  by-laws  not  repugnant  to  the  laws  of  the 
State. 

Sect.  5  grants  to  the  Corporation  a  toll  for  the  transportation  of  passengers  and 
freight,  reserving  to  the  Legislature  the  right  to  reduce  the  rates  of  toll,  after  five 
years,  if  the  net  income  shall  have  exceeded  10  per  cent,  per  annum  on  the  cost 
of  the  road,  to  an  amount  equal  to  that  sum  for  the  succeeding  five  years,  and  so 
proceed  at  the  expiration  of  each  five  years  thereafterwards. 

Sect.  6  authorizes  the  Directors  to  erect  toll  houses  and  collect  toll. 

Sect.  7  makes  the  Company  hable  to  pay  land  damages,  to  be  estimated  by  a  com- 
mittee appointed  for  that  purpose  by  the  Court  of  Common  Pleas  for  the  county. 

Sect.  8  provides  that  the  husband  of  any  married  woman,  and  the  guardian  of  an 
infant  or  person  non  compos  meyitis,  may  release  claims  for  such  damages. 

Sect.  9  subjects  any  person  injuring  or  obstructing  the  road  to  a  fine  and  imprison- 
ment. 

Sect.  10  appoints  the  time  of  the  annual  meeting,  when  Directors  shall  be  chosen  ; 
estabhshes  the  manner  of  organizing  the  Company ;  and  authorizes  that  special 
meetings  shall  be  called  when  necessary. 

Sect.  1 1  directs  the  mode  of  crossing  any  private  way,  highway,  turnpike,  or  canal, 
and  makes  the  Company  hable  for  damages,  to  be  recovered  in  an  action  on  the 


340  BOSTON   AND   MAINE   RAILROAD. 

case  by  any  person,  or  tlie  Selectmen  of  any  town  aggrieved,  provided  he  or  they 
shall  have  submitted  in  writing  any  proposed  alteration  or  amendment,  to  the 
Court  of  Common  Pleas,  who  shall  have  approved  the  same  in  writing. 

Sect.  12  proliibits  any  other  railroad  from  bemg  chartered,  commencing  and  run- 
ning within  five  miles  of  either  terminus  of  this  road,  or  running  parallel  with  it ; 
allows  any  other  Railroad  to  enter  upon  this,  by  paying  such  rates  of  toll  as  the 
Legislature  may  prescribe  ;  allows  this  road  to  enter  upon  any  other  to  be  char- 
tered by  the  State  of  Massachusetts  or  Maine,  and  reserves  to  this  State  the  right 
after  twenty  years  from  the  opening  of  the  road  for  use,  to  purchase  the  franchise 
and  property  of  the  Corporation,  by  paying  the  amount  expended  by  them,  mth 
such  further  sum  as  with  the  net  income  of  the  road  shall  equal  10  per  cent,  per 
annum  on  its  cost ;  and  after  such  purchase  the  limitation  in  this  section  to  cease. 

Sect.  13  provides  that,  if  one  fourth  part  of  the  stock  be  not  subscribed  for,  the 
Company  organized,  and  the  location  filed,  before  the  first  Wednesday  in  June, 
1837,  and  $10,000  expended  before  September  1, 1840,  this  Act  shall  be  void  ;  oth- 
erwise it  shall  remain  in  full  force  for  fifty  years  herefrom. 

Sect.  14  requires  that  the  Company  keep  in  good  repair  all  bridges. 

Sect.  15  provides  that  nothing  in  this  Act  shall  affect  the  rights  of  any  existing 
Railroad  Corporation,  and  that  the  Legislature  may  alter  or  amend  tMs  Act. 

Chapter  22  of  the  Private  Acts  of  1S38  contains  an  Act  in  addition  to  the  foregoing, 
authorizing  an  alteration  of  the  route,  2}rovided  it  be  fled  before  Se2otember  1,  1839. 

Chapter  6  of  the  Pricate  Acts  of  1841  contains  An  Act  to  unite  certain  Railroads. 

Sect.  1  provides  that  the  Boston  and  Portland  Railroad  Company,  incorporated  in 
Massachusetts,  the  Maine,  New  Hampshire  and  Massachusetts  Railroad  Company, 
incorporated  in  Maine,  and  the  Dover  and  "Winnipiseogee  Railroad  incorporated  in 
this  State  are  hereby  united  Avith,  and  made  one  corporation  under  the  name  of  the 
Boston  and  Maine  RaUroad,  and  the  stockholders  of  each  are  made  stockholders 
of  the  other  companies,  and  all  franchises  and  privileges  granted  in  each  State  shall 
be  enjoyed  by  said  Company. 

Sect.  2  requires  that  one  or  more  of  the  officers  of  said  Company  shall  reside  in  this 
State,  on  whom  process  may  be  served,  and  the  Company  shall  be  held  to  answer 
where  such  service  is  returnable. 

Sect.  3  provides  that  the  Company  shall  keep  separate  accounts  of  their  expendi- 
tures in  each  State,  and  that  three  commissioners  shall  be  appointed,  one  by  each 
State,  to  apportion  said  expenditures  and  to  approve  the  Annual  Report  to  this 
Legislature. 

Sect.  4  enacts  that  the  laws  of  each  State  shall  be  held  to  apply  to  that  portion  of 
the  road  within  that  State. 

Sect.  5  requires  that  this  Act  must  be  accepted  by  the  Boston  and  Maine  Railroad, 
and  one  or  more  of  the  other  Corporations  above  named,  at  a  legal  meeting  held 
for  that  purpose,  in  order  to  be  of  effect,  and  that  similar  Acts  must  be  passed  by 
the  Legislatures  of  ISIassachusetts  and  Maine,  before  this  will  apply  to  those  incor- 
porated there. 

Chapter  290  of  the  Private  Acts  of  1845  contains  an  Act  to  unite  this  Railroad  with  the 
Boston  and  Maine  Railroad  Extension  Company,  incorporated  in  Massachusetts. 

Sect.  1  provides  that  the  Boston  and  Maine  Railroad  Extension  Company,  incorpo- 


NEW  HAMPSHIEE.  341 

• 
rated  in  IMassacliiisetts,  be  united  with,  this  Company  under  the  name  of  the  Bos- 
ton and  JSIaine  Railroad  Company,  and  that  said  united  Company  shall  hold  the 
franchises  and  property  of  both  Corporations. 
Sect.  2  enacts  that  this  Act  shall  take  effect,  when  it  shall  be  accepted  by  both  Cor- 
porations at  meetings  called  for  that  purpose,  and  the  union  shall  be  authorized 
by  the  Legislature  of  Massachusetts. 


Laws  of  1835,  Chap.  14. 
An  Act  to  incorporate  the  "Boston  and  Maine  Raikoad." 

Sect.  1.  Be  it  enacted,  <^'c.  That  William  Hale,  Andrew  Pierce, 
James  Bartlett,  Joseph  Smith,  Stephen  Hanson,   Asa  Freeman, 
William  Hale,  Jr.,  John  P.  Hale,  James  B.  Creighton,  John  Hous- 
tin,  N.  Oilman,  3d,  Moses  Sanborn,  James  Bell,  J.  Burley,  J.  H. 
Duncan,  and  Jeremiah  Morrill,   their  associates,   successors,  and 
assigns  be,  and  they  hereby  are  made  a  body  politic  and  corporate, 
under  the  name  of  the  "  Boston  and  Maine  Railroad,"  and  by  that 
name  shall  be  and  hereby  are  made  capable  in  law  to  sue  and  be 
sued  to  final  judgmxent  and  execution,  plead  and  be  impleaded, 
defend  and  be  defended,  in  any  court  of  record,  or  in  any  other 
place  whatever,  to  make,  have,  and  use  a  common  seal,  and  the 
same  to  break,  alter,  or  renew  at  pleasure,  and  shall  be  and  hereby 
are  vested  with  all  the  powers,  privileges,  and  immunities,  which 
are  or  may  be  necessary  to  carry  into  effect  the  purposes  and  ob- 
jects of  this  Act,  as  hereinafter  set  forth,  and  subject  to  all  liabili- 
ties incident  to  corporations  of  a  similar  nature.     And  the  said  cor- 
poration is  hereby  authorized  and  empowered  to  locate,  construct, 
and  finally  complete  a  railroad  beginning  at  Haverhill,   in   the 
Commonwealth  of  Massachusetts,  at  the  line  which  divides  said 
Commonwealth  of  Massachusetts  from  said  State  of  New  Hamp- 
shire, thence  running  in  a  northerly  direction  to  the  line  which 
divides  said  State  of  New  Hampshire  from  the  State  of  Maine,  in 
such  manner  and  form  as  they  shall  deem  most  expedient.     And 
for  this  purpose  the  said  corporation  are  authorized  to  lay  out  their 
road  not  exceeding  six  rods  wide,  through  the  whole  length  thereof; 
and  for  the  purpose  of  cuttings,  embankments,  and  obtaining  stone, 
and  gravel,  may  take  as  much  more  land  as  may  be  necessary  for 
the  proper  construction  and  security  of  said  road.     Provided,  hoio- 
ever,  that  all  damages  which  may  be  occasioned  to  any  person  or 
persons,  corporation  or  corporations,  by  the  taking  of  such  land  or 

29* 


342  BOSTON   AiSTD   MAINE   RAILROAD. 


* 


materials  for  the  purpose  aforesaid,  shall  be  paid  for  by  said  corpo- 
ration in  the  manner  hereinafter  provided. 

Sect.  2.  That  the  capital  stock  of  said  corporation  shall  consist 
of  six  thousand  shares,  of  one  hundred  dollars  each.  The  imme- 
diate government  and  direction  of  the  affairs  of  the  corporation 
shall  be  vested  in  five  directors,  who  shall  be  chosen  by  the  mem- 
bers of  the  corporation  in  the  manner  hereinafter  provided,  who 
shall  hold  their  offices  for  one  year,  and  until  others  shall  be  duly 
elected  and  qualified  to  take  their  place  as  directors.  And  the  said 
directors,  a  majority  of  whom  shall  form  a  quorum  for  the  transac- 
tion of  business,  shall  elect  one  of  their  own  number  to  be  president 
of  the  board,  who  shall  also  be  president  of  the  corporation,  and 
said  directors  shall  have  authority  to  choose  a  clerk,  who  shall  be 
sworn  to  the  faithful  discharge  of  his  duty ;  and  said  clerk  so  ap- 
pointed shall  also  be  the  proprietors'  clerk,  unless  said  proprietors 
shall  elect  a  clerk,  and  a  treasurer,  who  shall  give  bonds  to  the  cor- 
poration, with  one  or  more  sureties  to  the  satisfaction  of  the  direct- 
ors, in  a  sum  not  less  than  twenty  thousand  dollars,  for  the  faithful 
discharge  of  his  trust. 

Sect.  3.  That  the  president  and  directors  for  the  time  being  are 
authorized  and  empowered,  by  themselves  or  their  agents,  to  exer- 
cise all  the  powers  herein  granted  to  the  corporation  for  the  purposes 
of  locating,  constructing,  and  completing  said  railroad  ;  and  all  such 
other  power  and  authority  for  the  management  of  the  affairs  of  the 
corporation,  not  heretofore  granted,  as  may  be  necessary  and  proper 
to  carry  into  effect  the  object  of  this  grant ;  to  purchase  and  hold 
land,  materials,  engines,  cars,  and  other  necessary  things  in  the  name 
of  the  corporation,  for  the  use  of  said  road ;  to  make  such  equal 
assessments  from  time  to  time  on  all  the  shares  in  said  corporation 
as  they  may  deem  expedient  and  necessary,  in  the  execution  and 
progress  of  the  work,  and  direct  the  same  to  be  paid  to  the  treas- 
urer of  the  corporation ;  and  the  treasurer  shall  give  notice  of  all 
such  assessments.  And  in  case  any  subscriber  shall  neglect  to  pay 
his  assessment,  for  the  space  of  thirty  days  after  due  notice  by  the 
treasurer  of  said  corporation,  the  directors  may  order  the  treasurer 
to  sell  the  share  or  shares  of  such  delinquent  subscriber  at  public 
auction,  after  giving  due  notice  thereof,  to  the  highest  bidder,  and 
the  same  shall  be  transferred  to  the  purchaser.  And  such  delin- 
quent subscriber  shall  be  held  accountable  to  the  corporation  for 
the  balance,  if  his  share  or  shares  shall  sell  for  less  than  the  assess- 
aients  due  thereon,  with  the  interest  and  cost  of  sale,  and  he  shall 


NEW   HAMPSHIRE.  343 

be  entitled  lo  the  overplus  if  his  share  or  shares  shall  sell  for  more 
than  the  assessments  due,  with  the  interest  and  cost  of  sale.  Pro- 
vided, however,  that  no  assessments  shall  be  laid  upon  any  share 
in  said  corporation  of  a  greater  amount  than  one  hundred  dollars 
in  the  whole  on  each  share.  And  if  a  greater  amount  of  money- 
shall  be  necessary  to  complete  the  said  road,  it  shall  be  raised  by 
creating  new  shares,  giving  the  stockholders  in  said  corporation 
the  right  to  take  said  stock,  in  proportion  to  the  stock  by  them 
respectively  owned  in  said  corporation. 

Sect.  4.  That  the  said  corporation  shall  have  power  to  make, 
ordain,  and  establish  all  such  by-laws,  rules,  regulations,  and 
ordinances  as  they  shall  deem  expedient  and  necessary  to  accom- 
plish the  designs  and  purposes,  and  to  carry  into  effect  the  provi- 
sions of  this  Act,  and  for  the  well  ordering,  regulating,  and  secur- 
ing the  interests  and  affairs  of  the  corporation.  Provided  the  same 
be  not  repugnant  to  the  constitution  and  laws  of  this  State. 

Sect.  5.  That  a  toll  be  and  hereby  is  granted  and  established 
for  the  sole  benefit  of  said  corporation,  upon  all  passengers  and 
property  of  every  description,  which  may  be  conveyed  or  trans- 
ported upon  said  road,  at  such  rates  per  mile  as  may  be  agreed 
upon  and  established  from  time  to  time,  by  the  directors  of  said 
corporation.     The  transportation  of  persons  and  property,  the  con- 
struction of  wheels,  the  forms  of  cars  and  carriages,  the  weight 
of  loads,  and  all  other  matters  and  things  in  relation  to  the  use  of 
said  road,  shall  be  in  conformity  to  such  rules,  regulations,  and  pro- 
visions as  the  directors  shall  from  time  to  time  prescribe  and  direct, 
and  said  road  may  be  used  by  any  person  or  persons,  who  shall 
comply  with  such  rules  and  regulations.     Provided,  that  if,  at  the 
expiration  of  five  years  from  and  after  the  completion  or  opening 
said  road  for  use,  the  net  income  or  receipts  from  tolls  and  other 
profits,  shall  have  amounted  to  more  than  ten  per  cent,  per  annum 
upon  the  whole  cost  of  the  road,  from  the  time  of  the  disburse- 
ments, the  legislature  of  this  State  may  take  measures  to  alter  and 
reduce  the  rate  of  tolls  and  other  profits,  in  such  manner  as  to  re- 
duce the  overplus  for  the  next  five  years,  calculating  the  amount 
of  transportation  upon  the  road  to  be  the  same  as  the  five  preced- 
ing years ;  and  at  the  expiration  of  every  five  years  thereafter  the 
same  proceedings  may  be  had,  and  the  rate  of  tolls  may  be  raised, 
in  case  the  net  receipts  shall  have  been  less  than  ten  per  cent, 
during  the  preceding  five  years. 

Sect.  6.  That  the  directors  of  said  corporation  for  the  time  being 


344  BOSTON  AND   MAINE  RAILROAD. 

are  hereby  authorized,  to  erect  toll  houses,  and  houses  for  the 
deposit  of  merchandise,  establish  gates,  appoint  toll  gatherers,  and 
demand  and  receive  toll  upon  the  road  when  completed,  and 
upon  such  parts  thereof  as  shall  from  time  to  time  be  completed ; 
and  they  shall  from  year  to  year,  on  or  before  the  2d  Wednesday 
of  June,  make  report  to  the  legislature  under  oath,  of  their  acts 
and  doings,  receipts  and  expenditures,  under  the  provisions  of  this 
Act.  And  their  books  shall  at  all  times  be  open  to  the  inspection 
of  any  committee  of  the  legislature  appointed  for  that  purpose. 
And  if  said  corporation  shall  unreasonably  neglect  or  refuse  to 
make  such  report,  at  the  expiration  of  every  year  after  the  opening 
of  said  railroad,  for  every  such  neglect  or  refusal  they  shall  forfeit 
and  pay  to  the  use  of  this  State  a  sum  not  exceeding  five  thousand 
dollars,  to  be  recovered  by  action  or  indictment  in  any  court  of 
competent  jurisdiction. 

Sect.  7.  That  the  said  corporation  shall  be  holden  to  pay  all 
damages  that  may  arise  to  any  person  or  persons,  corporation  or 
corporations,  by  taking  their  land  and  other  property  for  said  rail- 
road, when  the  same  cannot  be  obtained  by  volimtary  agreement, 
to  be  estimated  by  a  committee  to  be  appointed  for  that  purpose  by 
the  court  of  common  pleas  for  the  county  wherein  such  damages 
shall  accrue,  and  said  court  may  issue  execution  founded  on  the 
report  of  such  committee  against  said  corporation  for  such  sum  in 
damages  as  said  committee  shall  report  and  cost. 

Sect.  S.  That  when  the  lands,  or  other  property  or  estate  of 
any  married  woman,  infant,  or  person  non  compos  mentis^  shall  he 
necessary  for  the  construction  of  said  railroad,  the  husband  of  such 
married  woman  and  the  guardian  of  such  infant,  or  person  non 
compos  mentis,  may  release  all  damages  in  relation  to  the  land  or 
other  property,  or  estate  to  be  taken  and  appropriated  as  afore- 
said, as  they  might  do  if  the  same  were  holden  by  them  in  their 
own  right  respectively. 

Sect.  9.  That  if  any  person  or  persons  shall  unlawfully,  wil- 
fully, and  maliciously  obstruct  the  passage  of  any  carriage  on  said 
railroad,  or  in  any  way  injure,  spoil,  or  destroy  said  railroad,  or 
any  part  thereof,  or  shall  aid  or  assist  therein,  such  person  or  per- 
sons so  obstructing  the  passage  of  such  carriage,  or  so  injuring, 
spoiling,  or  destroying  said  railroad,  or  any  part  thereof,  or  so  aid- 
ing or  assisting  therein,  shall  for  every  such  offence,  on  conviction 
thereof  before  any  court  of  competent  jurisdiction,  forfeit  and  pay 
a  fine  not  less  than  thirty  dollars  nor  more  than  five  hundred 


NEW  HAMPSHIRE.  345 

dollars,  for  the  use  of  the  county  wherein  such  offence  may  be 
committed,  and  may  be  imprisoned  for  a  term  not  exceeding  one 
year,  at  the  discretion  of  the  court  before  whom  such  conviction 
may  be  had. 

Sect.  10.  That  the  annual  meeting  of  the  members  of  said  cor- 
poration shall  be  holden  on  the  first  Wednesday  of  September,  at 
such  place  as  the  directors  for  the  time  being  shall  appoint ;  at 
which  said  meeting  five  directors  shall  be  chosen  by  ballot,  each 
proprietor  being  entitled  to  as  many  votes  as  he  holds  shares,  pro- 
vided that  they  do  not  amount  to  more  than  one  twelfth  part  of 
the  whole  number  :  and  the  three  persons  first  named  in  this  Act, 
or  any  two  of  them,  are  hereby  authorized  to  call  the  first  meeting 
of  said  corporation,  by  giving  notice  in  one  newspaper  published 
in  Boston,  and  one  published  in  Dover,  N.  H.,  of  the  time,  place, 
and  purpose  of  such  meeting,  at  least  ten  days  before  the  time 
mentioned  in  such  notice.  And  the  directors  are  hereby  authorized 
to  call  special  m.eetings  of  the  proprietors,  giving  such  notice  thereof 
as  the  proprietors  by  their  by-laws  may  direct. 

Sect.  11.  That  if  the  said  railroad  in  the  course  thereof  shall 
intersect  or  cross  any  private  way,  the  said  corporation  shall 
so  construct  said  railroad  as  not  to  obstruct  the  safe  and  convenient 
use  of  such  private  way ;  and  if  said  railroad  shall  not  be  so  con- 
structed, the  party  aggrieved  shall  be  entitled  to  his  action  on  the 
case  in  any  court  proper  to  try  the  same,  and  shall  recover  his 
reasonable  damages  for  such  injury ;  and  if  the  said  railroad  shall 
in  the  course  thereof  intersect  or  cross  any  canal,  turnpike,  or 
other  highway,  which  has  or  may  hereafter  be  laid  out  in  pursu- 
ance to  the  laws  of  this  State,  the  said  railroad  shall  be  so  con- 
structed as  not  to  impede  or  obstruct  the  safe  and  convenient  use 
of  such  canal,  turnpike,  or  other  highway.  And  the  said  corpora- 
tion shall  have  the  power  to  raise  or  lower  such  turnpike,  high- 
way, or  private  way,  so  that  the  said  railroad,  if  necessary,  may 
conveniently  pass  under  or  over  the  same  ;  and  if  said  corporation 
shall  raise  or  lower  any  such  turnpike,  highway,  or  private  way, 
pursuant  thereto,  and  shall  not  so  raise  or  lower  the  same  as  to  be 
satisfactory  to  the  proprietors  of  such  turnpike,  or  to  the  selectmen 
of  the  town  or  towns  in  which  said  highway,  or  private  way  may 
be  situated,  as  the  case  may  be,  said  proprietors  or  selectmen  may 
require  in  writing  of  said  corporation  such  alteration  or  amend- 
ment as  they  may  think  necessary.  And  if  the  required  amend- 
ment or  alteration  be  reasonable  and  proper,  in  the  written  opinion 


346  BOSTON   AND   MAINE   RAILROAD. 

of  the  court  of  common  pleas  of  the  county  in  which  such  amend- 
ment or  alteration  shall  be  required,  and  if  the  said  corporation 
shall  unnecessarily  and  unreasonably  neglect  to  make  the  same, 
such  proprietors  or  selectmen,  as  the  case  may  be,  may  proceed  to 
make  such  alterations  or  amendments,  and  may  institute  and 
prosecute  to  j5nal  judgment  and  execution  in  any  court  proper  to 
try  the  same,  any  action  of  the  case  against  said  corporation  ;  and 
shall  therein  recover  a  reasonable  indenmity  in  damages  for  all 
charges,  disbursements,  labor,  and  services  occasioned  by  making 
such  alterations  or  amendments,  with  costs  of  suit. 

Sect.  12.  That  no  other  railroad  than  the  one  hereby  granted, 
shall  within  thirty  years  from  and  after  the  passing  of  this  x4.ct  be 
authorized  to  be  made  in  this  State,  commencing  within  five  miles 
of  the  commencement  or  termination  of  said  Boston  and  Maine 
Railroad,  and  running  parallel  with  the  same,  or  within  five  miles 
of  the  same  between  said  termini.  P?'ovided,  the  State  may  au- 
thorize any  company  to  enter  with  another  railroad  at  any  point  of 
said  Boston  and  Maine  Railroad,  paying  for  the  right  to  use  the 
same,  or  any  part  thereof  such  a  rate  of  toll  as  the  legislature  may 
from  time  to  time  prescribe ;  and  complying  with  such  rules  and 
regulations  as  may  be  established  by  said  Boston  and  Maine  Rail- 
road corporation,  by  virtue  of  the  fifth  section  of  this  Act.  Pro- 
vided, further,  that  said  Boston  and  Maine  Railroad  may  enter 
with  their  railroad,  any  other  railroad  that  now  is  or  may  hereafter 
be  made  in  the  States  of  Massachusetts  or  Maine,  or  either  or  both 
of  them,  having  first  obtained  a  grant  therefor  from  said  States,  or 
either  of  them,  and  complying  with  all  the  by-laws  and  regula- 
tions prescribed  by  such  railroad  corporations.  Provided,  also, 
that  it  shall  be  in  the  power  of  this  State,  at  any  time  during  the 
continuance  of  the  charter  hereby  granted,  after  the  expiration  of 
twenty  years  from  the  opening  for  use  of  the  railroad  herein  pro- 
vided to  be  made,  to  purchase  of  the  said  corporation  the  said  rail- 
road, and  all  the  franchise,  property,  rights,  and  privileges  of  the 
said  corporation,  on  paying  therefor  the  amount  expended  in  mak- 
ing the  said  railroad,  and  the  expenses  of  repairs,  and  all  other 
expenses  relating  thereto  with  interest  thereon  at  the  rate  of  ten 
per  cent,  per  annum,  deducting  all  sums  received  by  the  corpo- 
ration from  tolls  or  any  other  source  of  profit  and  interest  at  the 
rate  of  ten  per  cent,  per  annum  thereon,  that  shall  have  been  re- 
ceived by  the  stockholders;  and  after  such  purchase,  the  limitation 
provided  in  this  section  shall  end  and  be  of  no  efi"ect. 


•  NEW  HAMPSHIRE.  347 

Sect.  13.  That  if  one  fourth  of  the  stock  shall  not  have  been 
subscribed  for,  the  company  organized,  and  location  of  the  route 
filed  in  the  office  of  the  Secretary  of  this  State  previous  to  the  first 
Wednesday  of  June,  in  the  year  of  our  Lord  eighteen  hundred  and 
thirty-seven,  and  previous  to  the  first  day  of  September,  in  the  year 
of  our  Lord  eighteen  hundred  and  forty,  shall  not  have  laid  out  and 
expended  the  sum  of  ten  thousand  dollars  towards  the  completion 
of  the  same,  in  this  case  this  Act  shall  be  void,  and  of  no  effect, 
otherwise  to  remain  in  full  force  fifty  years  after  the  passage  of 
this  Act,  or  until  the  State  shall  purchase  the  same  as  aforesaid. 

Sect.  14.  That  said  railroad  company  shall  constantly  maintain 
in  good  repair  all  bridges,  with  their  abutments,  and  embankments, 
which  they  may  construct  for  the  purpose  of  passing  their  railroad 
over  any  canal,  turnpike,  or  other  highway,  or  any  private  way, 
or  for  passing  such  private  way,  turnpike,  or  other  highway,  over 
said  railroad,  and  in  default  thereof  shall  be  liable  in  an  action  on 
the  case  to  respond  in  damages  to  the  party  aggrieved. 

Sect.  15.  That  nothing  in  this  Act  shall  be  so  construed  as  to 
affect  the  rights  of  any  railroad  corporation  heretofore  granted,  and 
that  the  legislature  may  at  any  time  hereafter  alter,  amend,  or 
modify  this  Act  or  any  of  its  provisions.  Ajyproved,  June  27, 
1835. 

Laws  of  1838,  Chap.  22. 

An  Act  in  addition  to  "An  Act  entitled  an  Act  to  incorporate  the  Boston  and  Maine 

Raikoad." 

Be  it  enacted^  ^'c.  That  the  Boston  and  Maine  Railroad,  be  and 
they  hereby  are  authorized  and  empowered  to  make  such  altera- 
tions as  they  shall  deem  expedient  in  the  location  of  their  railroad, 
granted  by  the  Act  to  which  this  is  in  addition,  to  be  in  force,  and 
take  effect  when  a  location  of  the  same  shall  be  filed  in  the  office 
of  the  Secretary  of  this  State :  2^fovided,  the  same  shall  be  filed 
before  the  first  day  of  September,  anno  Domini,  1S39 :  j^rovided, 
nevertheless,  that  the  said  railroad  shall  be  located  in  a  northerly 
and  easterly  direction,  from  the  termination  of  the  Andover  and 
Haverhill  Railroad,  to  the  line  which  divides  the  State  of  New 
Hampshire  from  the  State  of  Maine.     Appy^oved,  June  28,  1838. 


348  BOSTON  AND  MAINE  RAILROAD. 

liA-n-s  OP  1S41,  CiiAP.  6. 
An  Act  to  unite  certain  Railroad  Coi-poiations  ■\\ith  the  Boston  and  ilainc  Kailroad. 

Sect.  1.  Be  It  enacted,  ^'c.  That  the  stockholders  of  the  Boston 
and  Portland  Railroad  Corporation,  constitnted  by  the  legislature 
of  the  Commonwealth  of  Massachusetts,  the  stockholders  of  the 
Maine,  New  Hampshire,  and  Blassachusetts  Railroad  Corporation, 
constitnted  by  the  Legislature  of  the  State  of  Maine,  and  the  stock- 
holders of  the  Dover  and  Winnipiseogee  Railroad  in  this  State,  be 
and  they  hereby  are  respectively  constituted  stockholders  of  the 
Boston  and  Maine  Railroad,  and  the  stockholders  of  the  Boston 
and  Maine  Railroad,  are  hereby  constituted  stockholders  of  the 
said  before  mentioned  corporations  respectively ;  and  the  said  four 
corporations  are  hereby  made  one  corporation  by  the  name  of  the 
Boston  and  Maine  Railroad,  and  all  the  franchises,  property, 
powers,  and  privileges,  granted  or  acijuired  under  the  authority  of 
the  said  States  respectively,  shall  be  lield  and  enjoyed  by  all  the 
said  stockholders,  in  proportion  to  the  number  of  shares  or  amount 
of  property  held  by  them  respectively,  in  either  or  all  of  said  cor- 
porations. 

Sect.  2.  That  one  or  more  of  the  directors  or  other  officers  of 
the  said  Boston  and  Maine  Railroad  shall  at  all  times  be  an  inhabit- 
ant of  this  State,  on  whom  processes  against  said  company  may 
be  legally  served ;  and  said  company  shall  be  held  to  answer  in 
the  jurisdiction  where  the  service  is  made  and  the  process  is  re- 
turnable. 

Sect.  3.  That  the  said  company  shall  keep  separate  accounts  of 
their  expenditures  in  Massachusetts,  IMaine,  and  New  Hampshire 
respectively;  and  tliree  commissioners  shall  be  appointed,  one  by 
the  Governor  of  each  State,  to  hold  their  offices  for  the  term  of 
four  years,  and  to  be  reasonably  compensated  by  said  company, 
who  shall  decide  what  portion  of  the  expenditures  of  said  com- 
pany, and  of  its  receipts  and  profits  properly  appertain  to  that  part 
of  the  road  lying  in  Massachusetts,  Maine,  and  New  Hampshire 
respectively ;  and  the  annual  report  required  to  be  made  by  the 
directors  to  the  legislature  of  this  State  shall  be  approved  by  the 
said  commissioners. 

Sect.  4,  That  the  said  Boston  and  Maine  Railroad  and  the 
stockholders  therein,  so  far  as  their  road  is  situated  in  Massachusetts 


NEW   HAMPSHIRE.  349 

or  Maine,  shall  be  subject  to  all  the  duties  and  liabilities  of  the 
Boston  and  Portland  Railroad  Corporation,  and  the  Maine,  New 
Hampshire,  and  Massachusetts  Railroad  Corporation,  and  to  the 
general  laws  of  those  States,  to  the  same  extent  as  the  Boston  and 
Portland,  and  Maine,  New  Hampshire,  and  Massachusetts  Railroad 
Corporations,  and  the  stockholders  therein  would  have  been,  if  this 
Act  had  not  been  passed. 

Sect.  .5.  That  this  Act  shall  not  take  effect,  until  the  same  shall 
have  been  accepted  by  the  stockholders  of  the  Boston  and  Maine 
Railroad,  and  one  or  more  of  the  other  corporations  above  named 
at  meetings  legally  called  for  this  purpose — nor  in  relation  to  the 
Massachusetts  and  Maine  Corporations  or  either  of  them,  until 
this  and  a  similar  Act  passed  by  their  respective  legislatures,  shall 
also  have  been  accepted  by  the  said  stockholders,  and  the  stock- 
holders of  one  or  both  the  said  corporations,  at  a  meeting  legally 
called  for  the  purpose.     Approved^  July  2,  1841. 

Laws  of  184-5,  Chap.  290. 

An  Act  to  \mite  the  Boston  and  Maine  Railroad  Extension  Company  with  the 

Boston  and  Maine  Railroad. 

Whereas  the  Boston  and  Maine  Railroad  in  this  State,  in  the 
State  of  Maine,  and  in  the  State  of  Massachusetts,  have  been 
united  in  one  corporation,  agreeably  to  Acts  of  the  legislatures  of 
the  respective  States,  and  whereas,  the  same  line  of  railroad  is  now- 
extended  in  the  State  of  Massachusetts  by  a  distinct  corporation, 
connecting  with  the  Boston  and  Maine  Railroad,  in  the  town  of 
Wilmington,  and  terminating  in  the  city  of  Boston,  and  it  is  expe- 
dient that  the  whole  road  be  placed  under  one  organization,  and 
under  control  of  one  board  of  directors  :  therefore  — 

Sect.  1.  Be  it  enacted,  4'^-  That  the  Boston  and  Maine  Rail- 
road Extension  Company,  a  corporation  organized  under  the  laws 
of  the  commonwealth  of  Massachusetts,  he  and  hereby  is  united 
to  the  Boston  and  Maine  Railroad  Company,  and  that  the  said  two 
corporations  are  hereby  made  one  corporation  by  the  name  of  the 
Boston  and  Maine  Railroad,  and  all  the  franchises,  property, 
powers,  and  privileges,  granted  to,  or  acquired  by  the  said  Boston 
and  Maine  Railroad  Extension  Company,  shall  be  held  and  en- 
joyed by  the  said  Boston  and  Maine  Railroad,  in  the  same  manner, 
and  as  fully  to  all  intents  and  purposes,  as  if  the  same  had  been 

30 


350       NASHUA  AND  LOWELL  RAILROAD  CORPORATION. 

originally  granted  to,  or  acquired  by  the  said  Boston  and  Maine 
Railroad  ;  and  all  the  duties  and  liabilities  of  said  Extension  Com- 
pany shall  appertain  to,  and  be  performed  by  the  said  Boston  and 
Maine  Railroad. 

Sect,  2.  This  Act  shall  take  effect,  when  the  same  shall  have 
been  accepted  and  adopted  by  the  said  corporations  respectively, 
at  regular  meetings,  called  for  the  purpose,  and  the  said  union  shall 
have  been  authorized  by  the  legislature  of  the  commonwealth  of 
Massachusetts.     Approved,  July  2,  1845. 


NASHUA   AND    LOWELL   EAILROAD    CORPORATION. 

INCORPORATED    IN    NEW    HAMPSHIRE    IN    1835. 

Cha2)ter  ^1  of  tJie  Private  Acts  q/"  1835  contains  the  Charter. 

Sect.  1  grants  corporate  powers. 

Sect.  2  describes  the  route,  authorizes  the  Company  to  build  a  road  six  rods  wide, 
and  take  land  and  materials  for  its  construction,  being  liable  for  land  damages. 

Sect.  3  authorizes  the  Company  to  hold  real  and  personal  estate  to  the  amount  of 
$300,000. 

Sect.  4  establishes  the  manner  of  organizing  the  Company,  of  dividing  the  capital 
stock  into  shares,  of  making  assessments  not  to  exceed  $25  on  each  share,  of  ap- 
pointing officers,  and  of  voting  at  meetings  ;  no  shareholder  being  allowed  to 
represent,  by  vote  at  any  meeting,  more  than  one  tenth  of  the  whole  stock. 

Sect.  5  makes  the  shares  held  and  liable  for  assessments  due  thereon,  authorizing  a 
sale  of  shares  of  any  subscriber  who  shall  fail  to  pay  them,  and  an  increase  of 
shares,  if  more  than  $25  on  each  shall  be  necessary. 

Sect.  G  provides  that  the  husband  of  a  married  woman  and  the  guardian  of  any 
infant,  spendthrift,  or  persons  non  comjms  mentis,  may  release  their  claiins  for  land 
damages. 

Sect.  7  makes  the  Company  liable  to  pay  land  damages,  to  be  estimated  by  a  Com- 
mittee appointed  for  that  purpose  by  the  Court  of  Common  Pleas  for  the  County. 

Sect.  8  provides  that  the  Company  may  cross  any  private  way,  or  cross,  lower,  raise, 
or  run  along  any  turnpike,  highway,  or  other  way,  if  they  do  not  obstruct  the 
same ;  and  that  any  party  aggrieved  may  maintain  an  action  on  the  case  to 
recover  his  damages,  provided  any  proposed  alteration  be  first  submitted  to  the 
Corporation,  and  a  reasonable  time  be  allowed  them  for  making  the  same. 

Sect.  9  requires  that  the  Company  keep  in  good  repair  all  bridges,  and  make  all 
necessary  alterations,  when  a  highway  is  laid  out,  and  keep  the  same  in  repair; 
being  liable,  in  default  thereof,  for  damages,  and  to  prosecution. 

Sect.  10  prohibits  any  other  railroad  from  being  granted,  within  thirty  years,  nin- 
nmg  parallel  with,  or  a  substitute  for  this,  or  any  part  thereof  within  five  miles  ; 
but  provides  that  any  other  railroad  may  meet  tliis,  and  that,  if  the  location  bo 
not  filed  before  July  1,  1836,  or  the  road  commenced  and  $4000  expended  within 


NEW    HAMPSHIRE.  351 

three  years  herefrom,  or  the  road  completed  for  use  within  five  years  herefrom, 
this  Act  shall  be  void. 

Sect.  11  subjects  any  person  Injuring  or  obstructing  the  road,  to  fine  and  imprison- 
ment. 

Sect.  12  authorizes  this  Company  to  extend  its  railroad  into  and  through  the  State 
of  Massachusetts,  to  meet  the  Boston  and  Lowell  Railroad  when  chartered,  and 
to  increase  their  stock  and  create  new  shares  as  said  State  may  authorize  them  to  do. 

Sect.  13  provides  that  any  other  Company  may  enter  upon  this  road,  by  pajing 
such  rates  of  toll  as  the  Legislature  may  prescribe,  and  complying  with  the  regu- 
lations of  this  Company ;  and  that  the  Directors  shall  make  an  annual  report  at  a 
certain  time,  and  keep  books  open  to  the  inspection  of  a  Committee  of  the  Legis- 
lature, being  liable,  in  default  of  making  such  report,  to  pay  a  penalty. 

Sect.  1-i  provides  that,  if  the  net  income  of  the  road  for  five  years  after  its  comple- 
tion shall  have  exceeded  10  per  cent,  per  annum  upon  its  cost,  the  Legislature 
may  reduce  the  rates  of  toll  for  the  next  five  years  so  as  to  take  off  the  over^^lus, 
and  so  at  the  end  of  each  five  years  ;  and  that,  after  twenty  years,  the  Legislature 
may  purchase  the  franchise  and  property  of  the  Corporation,  by  paying  such  sum 
as  with  the  net  income  shall  equal  10  per  cent,  per  annum  on  its  cost. 

Sect.  15  provides  that  nothing  in  this  Act  shall  prohibit  the  Legislature  from  incor- 
porating another  Company,  commencing  at  the  southerly  line  of  the  State,  and 
running  northwardlj'  to  Concord,  if  it  be  built  on  the  east  side  of  the  Merrimac 
River,  as  far  north  as  Amoskeag  Village  in  Goffstown. 

Sect.  16  enacts  that  nothing  in  this  Act  shall  effect  the  rights  of  any  existing  Rail- 
road Corporation,  and  that  the  Legislature  may  alter  or  amend  this  Act. 

An  Act  uniting  the  Nashua  and  Lowell  Railroad  Corporations  in  Massachusetts 

and  New  Hampshire. 

Chapter  21  of  t?ie  Private  Acts  of  1838  contains  the  Act. 

Sect.  1  provides  that  the  Corporations  may  unite  and  hold  jointly  all  tolls,  rights, 

and  property  of  each. 
Sect.  2  enacts  that  all  the  stockholders  shall  be  notified,  and  that  meetings  shall  be 

warned  and  held  by  the  associated  stockholders,  one  officer,  at  least,  being  in  each 

State. 
Sect.  3  makes  the  shares  liable  to  attachment  in  each  State,  and  defines  the  manner 

of  serving  process. 
Sect.  4  requires  that  separate  accounts  of  expenditures  be  kept  in  each  State,  and  that 

Commissioners  be  appointed,  one  in  each  State,  to  apportion  the  expenses  and 

approve  the  annual  report. 
Sect,  o  provides  that  this  Act  shall  be  in  force,  when  this  and  a  similar  Act  passed 

in  Massachusetts  shall  be  accepted  by  said  Corporations,  at  a  meeting  called  for 

that  purpose. 
Sect.  6  enacts  that  said  Corporation,  in  this  State,  shall  be  subject  to  the  general  laws 

of  the  State. 
Sect.  7  provides  that  these  Corporations,  when  united,  shall  constitute  one  company, 

under  the  above  name,  and  that  all  their  several  Acts  shall  be  valid. 
Sect.  8  authorizes  an  alteration  of  the  route,  provided  it  be  filed  in  the  office  of  the 

Secretary  of  State  at  a  certain  time,  and  repeals  that  part  of  the  Act  incorporat- 
ing the  Nashua  and  Lowell  RaUroad,  which  requires  the  location  to  be  filed  before 

July  1,  1836. 
Sect.  9  reserves  to  the  Legislature  the  right,  at  any  time  to  alter  or  amend  this  Act. 


352  NASHUA   AND    LOWELL   RAILROAD    CORPORATION. 

Laws  of  1835,  Chap.  37. 
An  Act  to  incorporate  the  Nashua  and  Lowell  Railroad  Corporation. 

Sect.  1.  Be  it  enacted,  6)'c.  That  Jesse  Bowers,  Ira  Gay,  Daniel 
Abbot,  Benjamin  F.  French,  John  M.  Hunt,  Peter  Clark,  and 
Charles  J.  Fox,  their  associates,  successors,  and  assigns,  be  and 
hereby  are  constituted  and  made  a  corporation  by  the  name  of  the 
Nashua  and  Lowell  Railroad  Corporation  ;  and  by  that  name  may 
sue  and  be  sued,  prosecute  and  defend  to  final  judgment  and  exe- 
cution, and  may  have  and  use  a  common  seal,  and  the  same  may 
alter  and  renew  at  pleasure;  and  may  also  make,  ordain,  and  put 
in  execution  all  such  by-laws  and  regulations  (not  being  contrary 
to  the  constitution  and  laws  of  this  State)  as  shall  be  necessary, 
proper,  and  convenient  for  the  government  of  said  corporation,  the 
due  management  of  its  concerns,  and  the  preservation  and  proper 
use  of  said  railroad  ;  and  shall  be  and  hereby  are  vested  with  all 
the  powers  and  privileges,  and  subject  to  all  the  liabilities,  which 
by  law  are  incident  to  corporations  of  a  similar  nature. 

Sect.  2.  That  said  corporation  be  and  hereby  is  empowered  to 
locate,  construct,  and  keep  in  repair  a  railroad  from  any  point  in 
the  southern  line  of  the  State,  to  some  convenient  place  in  or  near 
Nashua  village  in  Dunstable,  in  such  manner  as  they  shall  deem 
most  expedient,  and  to  take  toll  for  all  passengers  and  property  of 
all  descriptions  conveyed  upon  the  same  or  any  part  thereof;  and 
for  this  purpose  may  lay  out  said  railroad  not  exceeding  six  rods 
wide,  and  may  take  as  much  more  land  as  may  be  necessary  for 
stone  and  gravel,  for  embankments,  cuttings,  walls,  bridges,  and 
abutments  for  the  proper  construction  of  said  railroad.  Provided, 
that  all  damages  occasioned  by  taking  the  same  shall  be  determin- 
ed in  the  manner  hereinafter  provided  ;  and  that  the  transportation 
of  persons  and  property,  the  construction  of  wheels,  the  form  of 
cars  and  carriages,  the  weight  of  loads,  and  all  other  matters  and 
things  in  relation  to  the  use  of  said  road,  shall  be  in  conformity  to 
such  rules,  regulations,  and  provisions  as  the  directors  shall  from 
time  to  time  prescribe  and  direct. 

Sect.  3.  That  said  corporation  be  and  is  hereby  authorized,  for 
the  purposes  aforesaid,  to  purchase,  take,  hold,  improve,  and  con- 
vey real  and  personal  estate  of  every  kind,  and  to  erect  thereon 
such  depots,  storehouses,  toll  houses,  and  other  buildings  as  they 


NEW    HAMPSHIRE.  353 

may  think  expedient,  to  such  amount  as  they  may  find  sufficient 
for  the  completion  of  said  railroad  and  the  management  of  its  con- 
cerns. Provided,  said  amount  shall  not  exceed  three  hundred 
thousand  dollars. 

Sect.  4.  That  the  said  Jesse  Bowers,  Daniel  Abbot,  and  Ira 
Gay,  or  any  two  of  them,  may  call  the  first  meeting  of  said  cor- 
poration, by  giving  to  each  of  the  members  seven  days'  previous 
notice,  at  which  meeting  a  clerk  shall  be  chosen,  who  shall  be 
sworn  to  the  faithful  discharge  of  the  duties  of  his  office,  and  it 
shall  be  his  duty  to  record  the  doings  and  proceedings  of  said  cor- 
poration, and  to  perform  such  other  services  as  the  by-laws  of  said 
corporation  may  require.     And  at  the  same  or  any  subsequent 
meeting  duly  holden,  the  members  of  said  corporation  may  pre- 
scribe the  time  and  manner  of  calling,  holding,  and  managing 
future  meetings ;  may  divide  the  capital  stock,  or  such  portion 
thereof  as  they  may  deem  sufficient  for  the  time  being,  into  shares, 
and  prescribe  the  mode  in  which  the  same  shall  be  holden  and 
transferred ;  may  make  or  provide  for  the  making  of  assessments 
on  said  shares,  from  time  to  time  as  occasion  may  require,  pro- 
vided that  assessments  shall  not  exceed  in  the  whole  the  sura  of 
twenty-five  dollars  on  each  share,  and  fix  the  time  and  mode  of 
payment ;  may  appoint  and  constitute  such  officers,  servants,   or 
agents  of  the  said  corporation  as  they  shall  think  expedient,  and 
prescribe  their  respective  duties  and  powers  ;  and  may  do  or  trans- 
act any  other  matter  or  thing  relating  to  the  property,  business,  or 
concerns  of  said  corporation.     And  each  member  shall  be  entitled 
to  one  vote  for  each  share  he  owns  or  holds  in  said  corporation, 
and   absent   members   may  be   represented  and   vote  by  proxy, 
authorized  thereto  by  writing  filed  with  the  clerk  of  said  corpora- 
tion ;  and  all  questions  shall  be  decided  by  a  majority  of  votes 
cast.     Provided,  that  no  vote  shall  be  given  by  any  proprietor  for 
any  share  owned  or  held  by  him,  exceeding  one  tenth  of  the  whole 
number  of  shares. 

Sect.  5.  That  the  shares  aforesaid  shall  be  liable  and  holden 
for  the  payment  of  all  assessments  legally  made  thereon ;  and  in 
case  of  the  neglect  or  refusal  of  any  member  to  pay  the  assess- 
ment or  assessments  on  his  share  or  shares,  the  same  or  so  many 
of  them  as  may  be  sufficient  to  pay  the  amount  of  such  assess- 
ments, with  interest  and  expenses  of  sale,  may  be  sold  and  trans- 
ferred for  the  payment  of  the  same,  in  such  manner  as  may  be 

prescribed  by  the  by-laws  of  said  corporation.     Provided,  that  if 

30* 


354  NASHUA    AND    LOWELL   RAILROAD    CORPORATION. 

it  be  necessary  to  raise  a  sum  exceeding  twenty-five  dollars  on 
each  share,  the  same  shall  be  done  by  creating  new  shares. 

Sect.  6.  That  when  the  lands  or  other  property  of  any  feme 
covert,  infant,  spendthrift,  or  person  non  co^npos  mentis,  shall  be 
necessary  for  the  construction  of  said  railroad,  the  husband  of 
such  feme  covert,  or  the  guardian  of  such  infant,  spendthrift,  or 
person  noti  compos  mentis,  may  release  all  damages  for  any  land 
or  property  taken  and  appropriated  as  aforesaid,  as  fully  as  they 
might  do  if  the  same  were  holden  in  their  own  rights  respectively. 

Sect.  7.  That  said  corporation  shall  be  holden  to  pay  all  dam- 
ages, arising  to  any  person  or  corporation  by  taking  their  land,  for 
said  railroad,  when  it  cannot  be  obtained  by  voluntary  agreement, 
on  petition  to  the  court  of  common  pleas,  in  the  mode  provided  by 
law  for  the  recovery  of  damages,  occasioned  by  the  laying  out  of 
highways  by  order  of  said  court. 

Sect.  8.  That  said  corporation  be  and  hereby  is  authorized  to 
cross  any  canal,  or  to  cross,  raise,  lower,  or  run  along  any  turn- 
pike, highway,  or  other  way  ;  provided  that  said  railroad  shall  be 
so  constructed  as  not  to  obstruct  the  safe  and  convenient  use  of  the 
same;  and  if  said  railroad  shall  not  be  so  constructed,  the  proprie- 
tors of  such  canal  or  turnpike,  the  owner  of  such  private  way,  or 
the  selectmen  of  the  town  in  which  such  highway  may  be  situated, 
as  the  case  may  be,  shall  be  entitled  to  an  action  on  the  case 
against  said  corporation,  and  may  recover  reasonable  damages. 
Provided,  hoiuever,  that  the  proprietors,  owners,  or  selectmen, 
aforesaid,  as  the  case  may  be,  shall,  before  action  brought,  file  with 
the  clerk  of  said  corporation  a  particular  description  in  writing 
signed  by  them,  of  all  such  alterations  as  they  may  deem  neces- 
sary, and  shall  specify  therein,  and  allow  a  reasonable  time  to  said 
corporation  for  making  said  alterations  ;  —  and  provided  further, 
that  no  action  shall  be  sustained  as  aforesaid,  unless  brought  within 
one  year  after  the  time  allowed  for  making  such  alterations  shall 
have  expired. 

Sect.  9.  That  said  corporation  shall  substantially  construct  and 
keep  in  good  repair  all  bridges,  abutments,  foundations,  walls,  and 
embankments,  which  may  be  necessary  for  safely  and  conveniently 
crossing  any  canal,  or  crossing,  passing  over,  under,  or  along  any 
turnpike,  highway,  or  other  way ;  and  when  any  public  highway 
shall  hereafter  be  laid  out  by  the  selectmen  of  any  town,  or  by 
order  of  the  court  of  common  pleas,  across  said  railroad,  said  cor- 
poration, being  thereto  required  in  writing  by  the  selectmen  of  the 


NEW    HAMPSHIRE.  255 

town  where  such  highway  may  cross  said  raih'oad,  shall  make 
such  aherations  in  said  raih'oad  as  may  be  necessary  to  the  proper 
construction  of  said  highway,  and  the  convenient  and  safe  use 
thereof,  and  the  same  constantly  maintain  and  keep  in  repair  ;  and 
in  default  thereof  shall  be  liable  in  damages  to  the  party  injured, 
and  also  to  prosecution  by  indictment  and  fine,  to  the  use  of  the 
county  wherein  such  default  may  take  place,  at  the  discretion  of 
the  court  before  whom  the  same  may  be  tried. 

Sect.  10.  That  no  other  railroad  sliall  be  granted,  within  thirty 
years  from  the  completion  of  the  railroad  granted  in  this  Act,  run- 
ning parallel  with,  or  which  is  a  substitute  for  the  same,  or  any 
part  thereof,  within  five  miles  of  the  same.  Provided,  hoivever, 
that  any  railroad  may  be  granted  running  to  meet  the  railroad 
granted  in  this  Act  at  its  termination,  any  thing  herein  contained 
to  the  contrary  notwithstanding  ;  and  provided  f wither,  that  if  the 
location  of  said  railroad  be  not  filed  with  the  secretary  of  state  on 
or  before  the  first  day  of  July,  in  the  year  of  our  Lord,  one  thou- 
sand eight  hundred  and  thirty-six,  or  if  said  railroad  shall  not  be 
commenced,  and  the  sum  of  four  thousand  dollars  have  been  laid 
out  and  expended  on  the  same,  within  three  years  from  and  after  the 
passage  of  this  Act,  or  if  the  same  shall  not  be  completed  so  that 
passengers  and  property  may  and  shall  be  conveyed  on  the  same 
within  five  years  from  this  time,  then  this  Act  shall  be  null  and  void. 

Sect.  11.  That  if  any  person  shall  wilfully,  maliciously,  or 
wantonly,  and  contrary  to  law,  obstruct  the  passage  of  any  engine 
or  carriage  upon  said  railroad,  or  in  any  way  injure  or  destroy 
said  railroad  or  any  part  thereof,  he,  she,  or  they,  or  any  person 
aiding  or  abetting  in  such  trespass,  shall  forfeit  and  pay  to  said 
corporation  for  every  such  offence,  treble  such  damages  as  shall 
be  proved,  to  be  sued  for  and  recovered  before  any  court  pro- 
per to  try  the  same.  And  such  offender  shall  be  liable  to  indict- 
ment, by  the  grand  inquest  for  the  county  in  which  such  trespass 
shall  have  been  committed,  for  any  ofi'ence  aforesaid ;  and  on  con- 
viction thereof  shall  pay  a  fine  not  exceeding  five  hundred  dollars, 
nor  less  than  thirty  dollars,  for  the  use  of  said  county,  or  may  be 
imprisoned  for  a  term  not  exceeding  one  year,  at  the  discretion  of 
the  court  before  whom  such  conviction  may  be  had. 

Sect.  12.  That  said  corporation  be  and  hereby  is  authorized  to 
extend  said  railroad,  from  its  termination  at  the  southern  line  of 
this  State  into  and  through  the  commonwealth  of  Massachusetts, 
to  meet  the  Boston  and  Lowell  Railroad,  whenever  said  common- 


356  NASHUA    AND    LOWELL   P.AILROAD    CORPORATION. 

wealth  will  empower  said  corporation  so  to  do,  with  such  powers, 
liabilities,  and  restrictions  as  may  be  deemed  expedient ;  and  for 
this  purpose  said  corporation  may  increase  their  capital  stock  and 
create  new  shares,  as  said  commonwealth  may  authorize  them 
to  do. 

Sect.  13.  That  the  legislature  may  authorize  any  company  to 
enter  with  another  railroad  at  the  termination  of  said  Nashua  and 
Lowell  Railroad,  at  Nashua  village  in  said  Dunstable,  or  between 
the  factories  of  the  Jackson  Company  in  said  Dunstable  and  Mer- 
rimac  River,  paying  for  the  right  of  using  the  same  or  any  part 
thereof  such  a  rate  of  toll  as  the  legislature  may  from  time  to  time 
prescribe,  and  complying  with  such  rules  and  regulations  as  may 
be  established  by  said  Nashua  and  Lowell  Railroad  Corporation ; 
and  that  it  shall  be  the  duty  of  the  directors  of  said  company,  from 
year  to  year,  on  or  before  the  second  Wednesday  of  June,  verified 
by  the  affidavit  of  at  least  two  of  them,  to  make  a  report  to  the 
legislature  of  their  acts  and  doings,  receipts  and  expenditures, 
under  the  provisions  of  this  Act,  and  their  books  shall  at  all  times 
be  open  to  the  inspection  of  any  committee  of  the  legislature  ap- 
pointed for  that  purpose.  And  if  said  corporation  shall  unreason- 
ably neglect  or  refuse  to  make  such  report,  at  the  expiration  of 
every  year  after  the  opening  of  said  railroad,  for  every  such  neglect 
or  refusal,  they  shall  forfeit  and  pay  to  the  use  of  the  State  a  sum 
not  exceeding  five  thousand  dollars,  to  be  recovered  by  action  or 
indictment  in  any  court  of  competent  jurisdiction. 

Sect.  14.  That  if,  after  the  expiration  of  five  years  from  and 
after  the  completion  of  said  road,  the  net  income  or  receipt  from 
tolls  and  other  profits,  taking  the  five  years  aforesaid  as  the  basis 
of  calculation,  shall  have  amounted  to  more  than  ten  per  cent,  per 
annum  upon  the  cost  of  the  road,  the  repairs  and  all  expenses 
incident  thereto,  the  legislature  may  take  measures  to  alter  and 
reduce  the  rate  of  tolls  and  other  profits  in  such  manner  as  to  take 
off  the  overplus  for  the  next  five  years,  calculating  the  amount  of 
transportation  upon  the  road  to  be  the  same  as  the  five  preceding 
years ;  —  and  at  the  expiration  of  every  five  years  thereafter  the 
same  proceedings  may  be  had.  Provided,  that  it  shall  be  in  the 
power  of  the  State,  at  any  time  during  the  continuance  of  the 
charter  hereby  granted,  after  the  expiration  of  twenty  years  from 
the  opening  for  use  of  the  railroad  herein  provided  to  be  made, 
to  purchase  of  the  said  corporation  the  said  railroad  and  all  the 
franchise,  property,  rights,  and  privileges  of  said  corporation,  by 


NEW    HAMPSHIRE.  357 

paying  to  said  corporation  a  sum  equal  in  amount  to  their  capital 
expended,  with  such  further  sum,  after  deducting  the  net  income 
by  them  received,  as  shall  make  their  net  income  equal  to  ten  per 
cent,  on  said  capital  annually. 

Sect.  15.  That  nothing  in  this  Act  contained  shall  prevent  the 
legislature  from  granting  any  charter,  for  a  company  to  construct  a 
railroad  commencing  at  the  southerly  line  of  the  State,  in  either  of 
the  towns  of  Hudson,  Pelham,  or  Salem,  to  run  thence  northwardly 
to  Concord ;  provided  such  railroad  shall  be  laid  out  and  constructed 
on  the  east  side  of  Merrimac  River,  as  far  northwardly  as  Amos- 
keag  village,  in  Goffstown. 

Sect.  16.  That  nothing  in  this  Act  shall  be  so  construed,  as  to 
affect  the  rights  of  any  railroad  corporation  heretofore  granted,  and 
that  the  legislature  of  this  State  may  at  any  time  hereafter  alter, 
amend,  or  modify  this  Act  or  any  of  its  provisions.  Approved, 
June  23,  1835. 

LA^YS  OF  1838,  Chap.  21. 

An  Act  to  unite  tlie  Nashua  and  Lowell  Railroad  Corporations  of  Massachusetts  and 
New  Hampshire,  and  for  other  purposes. 

Sect.  1.  Be  it  enacted,  (S^c.  That  the  two  corporations,  under 
the  name  of  the  "  Nashua  and  Lowell  Railroad  Corporation,"  one 
of  which  charters  was  granted  by  the  legislature  of  this  State,  the 
twenty-third  day  of  June,  one  thousand  eight  hundred  and  thirty- 
five,  and  the  other  by  the  legislature  of  the  Commonwealth  of 
Massachusetts,  the  sixteenth  day  of  April,  one  thousand  eight 
hundred  and  thirty-six,  are  hereby  authorized,  from  and  after  the 
time  when  this  Act  shall  take  effect,  to  unite  said  corporations ; 
and  all  the  tolls,  franchises,  rights,  powers,  privileges,  and  pro- 
perty, of  the  said  two  corporations,  shall  be  held  and  enjoyed  by 
the  stockholders  in  each  and  both,  in  proportion  to  their  number  of 
shares  therein.  And  from  and  after  the  time  said  corporations 
shall  be  united,  all  property  owned,  acquired,  or  enjoyed,  by  either 
of  said  corporations,  shall  be  taken  and  accounted  to  be  the  joint 
property  of  the  stockholders,  for  the  time  being,  of  said  two  cor- 
porations. 

Sect.  2.  That  from  and  after  the  time  said  corporations  shall  be 
united,  all  the  stockholders  shall  be  entitled  to  the  same  notice, 
and  shall  enjoy  the  same  right  of  voting.  And  all  meetings  shall 
be  warned  and  held  by  the  associated  stockholders,  pursuant  to 


358  NASHUA   AND    LOWELL   KAILROAD    CORPORATION. 

the  by-laws  of  said  corporations,  and  such  meetings  shall  be  legal, 
to  choose  all  officers  of  said  corporation,  and  to  transact  any  other 
business,  which  other  railroad  corporations  might  of  right  do  : 
Provided  always^  that  there  shall  be  at  least  one  officer  in  each 
State,  who  is  an  inhabitant  thereof,  on  whom  process  against  said 
corporation  may  be  served,  and  that  the  books  and  registry  of  one 
corporation  shall  be  taken  to  be  the  books  and  registry  of  the  other 
corporation. 

Sect.  3.  That  the  share  or  shares  of  any  stockholder  in  said 
company,  shall  be  liable  to  attachment  and  execution,  in  the  State 
where  such  stockholder,  at  the  time  of  such  attachment  or  execu- 
tion, shall  reside,  or  inhabit :  Provided  always^  that  a  true  and 
attested  copy  of  such  attachment  or  execution  shall  be  left,  at  the 
time  of  service,  by  the  officer  serving  the  same,  with  the  clerk,  or 
any  director  of  said  corporation,  or  at  his  usual  place  of  abode,  in 
the  State  where  such  attachment  or  execution  shall  be  served. 

Sect.  4.  That  the  said  corporation  shall  keep  separate  accounts 
of  the  expenses  which  have  arisen,  or  shall  arise,  in  construction 
of  the  portions  of  said  railroad,  situated  in  the  States  of  Massachu- 
setts and  New  Hampshire  respectively,  and  of  all  the  expenses 
which  would  have  properly  belonged  to  the  respective  corporations, 
as  if  this  Act  had  not  been  passed,  until  the  same  shall  be  com- 
pleted in  both  States.  And  there  shall  be  two  commissioners 
appointed,  who  shall  hold  their  offices  for  the  term  of  four  years, 
whose  duty  it  shall  be  to  ascertain,  what  proportion  of  the  expendi- 
tures on  said  railroad,  and  of  the  other  expenses  attending  its  con- 
struction and  maintenance,  also  what  proportion  of  the  receipts 
and  profits  of  said  railroad,  shall  properly  appertain  and  belong  to 
the  portions  of  said  railroad  situated  in  said  two  States.  And  the 
annual  report,  which  shall  be  made  to  the  legislature  of  this  State, 
in  pursuance  of  the  laws  of  this  State  relating  thereto,  shall  be 
approved  by  said  commissioners.  And  the  governor  of  each  of 
said  States  shall  appoint  one  commissioner,  who  shall  execute  the 
duties  prescribed  by  this  Act,  and  who  shall  receive  from  said 
corporation  a  reasonable  compensation  for  their  services. 

Sect.  5.  That  whereas  the  legislature  of  the  commonwealth  of 
Massachusetts  have  passed  a  subsisting  Act,  substantially  similar, 
uniting  said  two  corporations,  this  Act  shall  be  in  force  when  the 
same  shall  have  been  accepted  by  the  stockholders  of  each  and 
both  said  corporations,  at  a  meeting  to  be  called  for  that  purpose ; 
at  which  meeting,  said  stockholders  may  vote  to  ratify  and  render 


NEW    HAMPSHIRE.  359 

valid,  in  the  united  corporations,  all  former  proceedings,  which 
would  have  been  valid  in  said  corporations  respectively ;  and  the 
same  shall  be  as  binding  on  the  united  corporation,  as  if  adopted 
separately  by  each. 

Sect.  6.  That  the  said  corporation,  so  far  as  their  road  is  situat- 
ed in  this  State,  when  united  by  virtue  of  the  provisions  of  this 
Act,  shall  be  subject  to  the  general  laws  of  this  State,  to  the  same 
extent  as  said  corporation  would  have  been,  if  this  Act  had  not 
been  passed. 

Sect.  7.  That  after  said  corporations  shall  be  united,  according 
to  the  provisions  of  this  Act,  they  shall  be  one  corporation,  by  the 
name  of  the  Nashua  and  Lowell  Railroad  Corporation.  And  all 
the  Acts  of  said  corporations,  which  are  valid  in  said  corporations 
severally,  shall  be  valid  in  the  united  corporation. 

Sect.  8.  That  said  corporation  shall  have  power,  and  they  are 
hereby  authorized,  to  alter  and  amend  the  location  of  their  road, 
so  far  as  the  same  lies  north  of  Nashua  River,  subject  to  all  the 
liabilities  contained  in  their  original  charter ;  provided  such  loca- 
tion be  made,  and  such  amended  alteration  filed  in  the  office  of 
the  secretary  of  state,  on  or  before  the  first  day  of  September  next. 
And  so  much  of  the  tenth  section  of  an  Act  entitled,  "  An  Act  to 
incorporate  the  Nashua  and  Lowell  Railroad  Corporation,"  as 
requires  the  filing  of  the  location  of  their  road  with  the  secretary 
of  state,  on  or  before  the  first  day  of  July,  A.  D.  1836,  shall  be, 
and  is  hereby  repealed,  so  far  as  relates  to  that  portion  of  said  road 
lying  north  of  Nashua  River,  as  before  mentioned. 

Sect.  9.  That  the  legislature  of  this  State,  may  at  any  time 
hereafter,  so  alter,  amend,  or  modify  this  Act,  or  any  of  its  provis- 
ions, as  the  public  good  may  require.     Approved^  June  26,  1838. 


EASTERN   RAILROAD   IN   NEW   HAMPSHIRE. 
INCORPORATED    IN    NEW    HAMPSHIRE    IN    1836. 

Chapter  68  of  the  Private  Acts    of   1836    contahis   the   Charter. 

Sect.  1  grants  corporate  powers,  describes  the  route,  and  authorizes  the  Company  to 
build  a  road  six  rods  wide,  and  take  land  and  materials  for  its  construction,  being 
subject  to  land  damages. 

Sect.  2  limits  the  capital  stock  to  3000  shares  of  $100  each,  and  vests  the  govern- 
ment of  the  Corporation  in  five  Directors,  a  majority  of  whom  shall  form  a  quorum, 
and  who  shall  choose  officers. 


360  EASTERN   RAILROAD   IN   NEW   HAMPSHIRE. 

Sect.  3  defines  the  powers  and  duties  of  tlie  President  and  Directors,  authoriziu"- 
them  to  sell  the  shares  of  any  subscriber,  who  shall  fail  to  pay  assessments  due 
after  thirty  days'  notice,  and  making  him  liable  for  any  deficiency  remaining  after 
such  sale,  limiting  the  assessments  to  $100  on  each  share,  and  providing  that  new 
shares  may  be  created,  if  necessary,  to  be  distributed  among  the  original  stock- 
holders. 

Sect.  4  authorizes  the  Company  to  make  by-laws  not  repugnant  to  the  laws  of  the 
State. 

Sect.  5  grants  to  the  Corporation  a  toll  for  the  transportation  of  passengers  and 
property  ;  provided,  however,  if  at  the  end  of  five  years,  the  net  income  of  the 
road  shall  have  exceeded  10  per  cent,  per  annum  on  its  cost,  the  Legislature 
may  so  reduce  the  rates  of  toll  as  to  equal  that  sum  for  the  next  five  years,  and  thus 
at  the  end  of  each  five  years  ;  and  if  it  has  been  less  than  that  sum,  it  may  be  raised. 

Sect.  6  provides  that  the  directors  may  erect  toll  houses,  and  collect  toll,  shall  make 
an  annual  report  to  the  Legislature,  and  keep  books  of  account  open  to  the  in- 
spection of  this  committee ;  being  liable,  in  case  of  neglect  or  refusal  to  make  such 
report,  to  a  fine  recoverable  by  action  or  indictment. 

Sect.  7  makes  the  Company  liable  to  pay  land  damages,  to  be  estimated  by  Commis- 
sioners appointed,  as  is  provided  by  the  Act  passed  June  16,  1836,  and  found  in 
chapter  237  of  the  Laws  of  1836. 

Sect.  8  provides  that  the  husband  of  any  married  woman,  or  the  guardian  of  any 
infant  or  person  iwn  compos  mentis,  may  release  their  claims  for  damages. 

Sect.  9  subjects  any  person  injuring  or  obstructing  the  road,  to  fine  and  imprison- 
ment. 

Sect.  10  appoints  the  time  of  holding  the  annual  meeting,  when  five  Directors  shall 
be  chosen,  each  share  entitling  the  holder  to  one  vote,  to  the  number  of  twenty, 
and  above  that  number  each  five  shares  being  represented  by  one  vote  ;  dii-ects 
the  mode  of  organizing  the  Company,  and  provides  that  special  meetings  may  be 
called,  if  necessary. 

Sect.  11  prescribes  the  manner  of  crossing  any  private  way,  highwaj^  or  canal, 
of  raising  or  lowering  any  j^rivate  way,  or  highway,  and  provides  that  any  party 
aggrieved,  shall  be  entitled  to  damages. 

Sect.  12  provides  that  the  State  may  purchase  the  franchise  and  property  of  the 
corporation,  by  paying  the  cost  of  the  road,  and  such  further  sum,  as  with  the  net 
income  shall  equal  10  per  cent,  per  annum  on  the  cost. 

Sect.  13  requires  that  one  fourth  part  of  the  stock  must  be  subscribed  for,  the  Com- 
pany organized,  and  the  location  filed  before  the  first  Wednesday  in  June,  1837 ; 
the  Corporation  must  have  expended  $10,000  before  September  1,  1840  ;  and  the 
road  must  be  completed  before  June  1,  1846,  or  this  Act  will  be  void. 

Sect.  14  directs  that  the  Company  shall  keep  in  good  repair  all  bridges. 

Sect.  15  denies  to  the  Corporation  the  power  to  erect  any  bridge  over,  or  otherwise 
obstruct  the  navigation  of  the  Piscataqua  River. 

Sect.  16  enacts  that  nothing  m  this  Act  shall  affect  the  rights  of  any  Railroad  Cor- 
poration heretofore  granted,  and  that  the  Legislature  may  alter,  modify,  or  repeal 
this  Act,  or  any  part  thereof. 

Chapter  23  of  the  Private  Acts  of  1839  contains  an  Act  in  addition  to  the  foregoing. 

Sect.  1  authorizes  this  Company  to  locate  the  Railroad  from  Salisbury  in  Massachu- 
setts to  Portsmouth  in  this  State,  provided  the  location  be  filed  before  July  4, 1840. 


NEW  HAMPSHIRE.  361 

Sect.  2  empowers  the  Corporation  to  lease  the  entire  right  to  use  said  raih'oad  in 

New  Hampshire,  or  a  part  thereof. 
Sect.  3  prohibits  this  Act  from  being  so  construed,  as  to  interfere  with  the  vested 

rights  of  the  Boston  and  Maine  Railroad,  or  to  affect  the  rights  reserved  to  the 

State  in  the  original  Act,  and  provides  that  the  Legislature  may  alter  or  repeal 

this  Act. 

Chapter  2  of  the  Private  Acts  of  1840  contains  an  Act  in  addition. 

Sect.  1  repeals  so  much  of  Section  1  of  the  Act  of  1839,  as  requires  the  terminus  of 
the  road  to  be  located  in  Portsmouth. 

Sect.  2  authorizes  an  alteration  in  the  route  through  Portsmouth,  provided  it  be 
accepted  by  the  inhabitants  in  town  meeting,  and  a  depot  be  constructed  in  Ports- 
mouth, located  as  herein  described. 

Sect.  3  extends  the  time  of  filing  the  location  to  March  1,  1841. 

Sect.  4  requires  that  this  Act  be  accepted  by  this  Company,  and  the  inhabitants  of 
Portsmouth ;  otherwise  the  road  must  be  completed  to  its  present  terminus,  before 
it  will  be  lawful  to  use  it. 

Sect.  5  provides  that  the  Legislature  may  alter  or  repeal  this  Act. 

Chapter  7  of  the  Private  Acts  q/"  1841  contains  an  Act  in  addition  to  the  foregoing. 

Sect.  1  authorizes  this  Company  to  connect  their  railroad  with  the  Portland,  Saco, 
and  Portsmouth  Railroad,  at  the  dividing  line  between  New  Hampshire  and  Maine, 
and  for  that  purpose  to  extend  theu-  road,  and  make  contracts  with  the  Portsmouth 
Bridge. 

Sect.  2  enacts  that  nothing  in  tliis  Act  shall  authorize  the  further  obstruction  of  the 
Piscataqua  River,  and  that,  in  case  of  such  obstruction,  said  Railroad  or  Bridge 
Corporation  may  be  required  by  the  Superior  Court  to  remove  the  same;  in 
refusal  thereof,  all  rights  under  this  Act  shall  cease. 

Sect.  3  requu'es  certain  alterations  to  be  made  in  said  bridge,  provided  they  do  not 
increase  the  obstructions  in  the  Piscataqua  River. 

Sect.  4  enacts  that  the  corporation  shall  not  take  land  for  its  purposes,  without  the 
consent  of  the  owner. 

Sect.  5  provides  that  the  Company  shall  erect,  and  hoist  when  requested,  a  certain 
bridge ;  but  that  this  provision  shall  not  affect  any  proceedings  now  pending, 
wherein  the  Portsmouth  Bridge  is  a  party ;  it  repeals  all  Acts  inconsistent  with  this, 
and  provides  that  this  Act  may  be  altered  or  reiJcaled  by  the  Legislature. 

Sect.  6  requires  that  no  contract  between  the  proprietors  of  the  Portsmouth  Bridge 
and  the  Eastern  Railroad  shall  obstruct  the  travel  across  said  bridge. 


Laws  of  1836,  Chap.  56. 

An  Act  to  Incorporate  the  Eastern  Railroad  in  New  Hampshii-e. 

Sect.  1.  Be  it  enacted,   ^-c.   That  Abner  Greenleaf,  Daniel  P. 
Drown,  Samuel  Lord,  William  M.  Shackford,  John  Rice,  Ichabod 

31 


362  EASTERN   RAILROAD   IN   NEW  HAMPSHIRE. 

Goodwin  and  Ichabod  Bartlett,   their  associates,  successors,  and 
assigns,  be,  and  they  hereby  are  made,  a  body  politic  and  corpo- 
rate, under  the  name  of  the  Eastern  Railroad  in  New  Hampshire, 
and  by  that  name  shall  be,  and  hereby  are  made,  capable  in  law, 
to  sue  and  be  sued  to  final  judgment  and  execution,  plead  and  be 
impleaded,  defend  and  be  defended,  in  any  court  of  record,  or  in 
any   other  place  whatever,  to  make,  have,  and  use  a  common 
seal,   and  the  same  to  break,  alter  or   renew,  at  pleasure;    and 
shall  be,  and  hereby  are,  vested  with  all  the  powers,  privileges, 
and  immunities,  which  are  or  may  be  necessary  to  carry  into  effect 
the  purposes  and  objects  of  this  Act,  as  hereinafter  set  forth,  and 
subject  to  all  liabilities  incident  to  corporations  of  a  similar  nature. 
And  the  said  corporation  is  hereby  authorized  and  empowered  to 
locate,  construct,  and  finally  complete  a  railroad,  beginning  at  the 
line,  which  divides  the  State  of  Massachusetts  from  the  State  of 
New  Hampshire,  at  the  town  of  Seabrook,   thence  running  in  a 
northerly  direction,  to  the  line  which  divides  the  State  of  Maine 
from  the  State  of  New  Hampshire,  at  the  town  of  Portsmouth,  in 
such  manner  and  form  as  they  shall  deem  most  expedient.     And  for 
this  purpose,  the  said  corporation  are  authorized  to  lay  out  their 
road,    not   exceeding  six  rods   wide,    through   the    whole  length 
thereof;  and  for  the  purpose  of  cuttings,  embankments,  and  obtain- 
ing gravel,  may  take  as  much  more  land,  as  may  be  necessary  for 
the   proper  construction   and   security   of  said  road  :    Pi'ovided, 
however^  that  all  damages  that  may  be  occasioned  to  any  person  or 
persons,  corporation  or  corporations,  by  the  taking  of  such  lands 
or  materials  for  the  purpose  aforesaid,   shall  be  paid  for  by  said 
corporation,  in  the  manner  hereinafter  provided. 

Sect.  2.  That  the  capital  stock  of  said  corporation  shall  consist 
of  three  thousand  shares,  of  one  hundred  dollars  each.  The  im- 
mediate government  and  direction  of  the  affairs  of  the  corporation 
shall  be  vested  in  five  directors,  who  shall  be  chosen  by  the  mem- 
bers of  the  corporation  in  the  manner  hereinafter  provided,  who 
shall  hold  their  offices  for  one  year,  and  until  others  shall  be  duly 
elected  and  qualified  to  take  their  place  as  directors.  And  the  said 
directors,  a  majority  of  whom  shall  form  a  quorum  for  the  trans- 
action of  business,  shall  elect  one  of  their  own  members  to  be  pre- 
sident of  the  board,  who  shall  also  be  president  of  the  corpora- 
tion—  shall  have  authority  to  choose  a  clerk,  who  shall  be  sworn 
to  the  faithful  discharge  of  his  duties,  and  who  shall  be  clerk  of 
the  corporation,  unless  the  corporation  shall  elect  some  other  per- 


NEW  HAMPSHIRE.  363 

son  to  that  office,  and  also  a  treasurer,  who  shall  give  bonds  to  the 
corporation  with  sureties  to  the  satisfaction  of  the  directors,  in  a 
sum  not  less  than  twenty  thousand  dollars,  for  the  faithful  dis- 
charge of  his  trust. 

Sect.  3.  That  the  president  and  directors  for  the  time  being  are 
authorized  and  empowered,  by  themselves  or  their  agents,  to  exer- 
cise all  the  powers  herein  granted  to  the  corporation;  subject 
always,  however,  to  such  general  control,  as  the  proprietors  at  any 
legal  meeting  of  the  corporation,  may  from  time  to  time  think 
proper  to  exercise,  for  the  purpose  of  locating,  constructing,  and 
completing  said  railroad  ;  and  all  such  other  power  and  authority, 
for  the  management  of  the  affairs  of  the  corporation,  not  hereto- 
fore granted,  as  may  be  necessary  and  proper  to  carry  into  effect 
the  object  of  this  grant ;  to  purchase  and  hold  land,  materials, 
engines,  cars,  and  other  necessary  things  in  the  name  of  the  corpo- 
ration, for  the  use  of  said  road;  to  make  such  equal  assessments, 
from  time  to  time,  on  all  the  shares  in  said  corporation,  as  they 
may  deem  expedient  and  necessary  in  the  execution  and  progress 
of  the  work,  and  direct  the  same  to  be  paid  to  the  treasurer  of  the 
corporation  ;  and  the  treasurer  shall  give  notice  of  all  such  assess- 
ments ;  and  in  case  any  subscriber  shall  neglect  to  pay  his  assess- 
ment, for  the  space  of  thirty  days  after  due  notice  by  the  treasurer 
of  said  corporation,  the  directors  may  order  the  treasurer  to  sell  the 
share  or  shares  of  such  delinquent  subscriber  at  public  auction, 
after  giving  due  notice  thereof  to  the  highest  bidder,  and  the  same 
shall  be  transferred  to  the  purchaser ;  and  such  delinquent  sub- 
scriber shall  be  held  accountable  to  the  corporation  for  the  balance, 
if  his  share  or  shares  shall  sell  for  less  than  the  assessments  due 
thereon,  with  the  interest  and  costs  of  sale,  and  he  shall  be  entitled 
to  the  overplus,  if  his  share  or  shares  shall  sell  for  more  than  the 
assessments  due,  with  the  interest  and  costs  of  sale ;  Provided,  how- 
ever, that  no  assessments  shall  be  laid  on  any  share  in  said  corpo- 
ration, of  a  greater  amount  than  one  hundred  dollars  in  the  whole, 
on  each  share.  And  if  a  greater  amount  of  money  shall  be  neces- 
sary to  complete  the  said  railroad,  it  shall  be  raised  by  creating 
new  shares,  giving  the  stockholders  in  said  corporation  the  right 
to  take  said  stock,  in  proportion  to  the  stock  by  them  respectively 
owned  in  said  corporation. 

Sect.  4.  That  the  said  corporation  shall  have  power  to  make, 
ordain,  and  establish  all  such  by-laws,  rules,  regulations,  and 
ordinances,  as  they  shall  deem  expedient  and  necessary  to  accom- 


64  EASTERN   RAILROAD   IN   NEW   HAMPSHIRE. 

plish  the  designs  and  purposes,  and  to  carry  into  effect  the  provis- 
ions, of  this  Act,  and  for  the  well  ordering,  regulating,  and  securing, 
the  interests  and  affairs  of  the  corporation.  Provided  the  same  be 
not  repugnant  to  the  constitution  and  laws  of  this  State. 

Sect.  5.  That  a  toll  be  and  hereby  is  granted  and  established 
for  the  sole  benefit  of  said  corporation,  on  all  passengers  and  pro- 
perty of  every  description,  which  may  be  conveyed  or  transported 
upon  said  road,  at  such  rates  per  mile  as  may  be  agreed  upon,  and 
established  from  time  to  time  by  the  directors  of  said  corporation. 
The  transportation  of  persons  and  property,  the  construction  of 
wheels,  the  form  of  cars  and  carriages,  the  weight  of  loads,  and 
all  other  matters  and  things  in  relation  to  the  use  of  said  road,  shall 
be  in  conformity  to  such  rules,  regulations,  and  provisions,  as  the 
directors  shall  from  time  to  time  prescribe  and  direct,  and  said  road 
may  be  used  by  any  person  or  persons,  who  may  comply  with 
such  rules  and  regulations.  Provided,  however,  that  if,  at  the  expi- 
ration of  five  years,  from  and  after  the  completion  or  opening  said 
road  for  use,  the  net  income  or  receipts,  from  tolls  and  other  profits, 
shall  have  amounted  to  more  than  ten  per  cent,  per  annum,  upon 
the  whole  cost  of  said  road  from  the  time  of  the  disbursements,  the 
legislature  of  this  State  may  take  measures  to  alter  and  reduce 
the  rate  of  tolls  and  other  profits,  in  such  manner  as  to  reduce  the 
overplus  for  the  next  five  years,  calculating  the  amount  of  trans- 
portation upon  the  road  to  be  the  same  as  the  five  preceding  years ; 
and  at  the  expiration  of  every  five  years  thereafter,  the  same  pro- 
ceedings may  be  had,  and  the  rate  of  tolls  may  be  raised,  in  case 
the  net  receipts  shall  have  been  less  than  ten  per  cent,  during  the 
preceding  five  years. 

Sect.  6.  That  the  directors  of  said  corporation  for  the  time 
being,  are  hereby  authorized  to  erect  toll-houses  and  houses  for  the 
deposit  of  merchandise,  establish  gates,  appoint  toll-gatherers,  and 
demand  and  receive  toll  upon  the  road  when  completed,  and  upon 
such  parts  thereof  as  shall  from  time  to  time  be  completed ;  and 
they  shall,  from  year  to  year,  on  or  before  the  second  Wednesday 
of  June  make  report  to  the  legislature,  under  oath,  of  their  acts 
and  doings,  receipts  and  expenditures,  under  the  provisions  of  this 
Act.  And  their  books  shall  at  all  times  be  open  to  the  inspection 
of  any  committee  of  the  legislature  appointed  for  that  purpose. 
And  if  said  corporation  shall  unreasonably  neglect  or  refuse  to 
make  such  report,  at  the  expiration  of  every  year,  after  the  open- 
ing of  said  railroad,  for  every  such  neglect  or  refusal,  they  shall 


NEW    HAMPSHIRE.  365 

forfeit,  and  pay  to  the  use  of  the  State  of  New  Hampshire,  a  sum 
not  exceeding  five  thousand  dollars,  to  be  recovered  by  action  or 
indictment,  in  any  court  of  competent  jurisdiction. 

Sect.  7.  That  the  said  corporation  shall  be  holden  to  pay  all 
damages,  that  may  arise  to  any  person  or  persons,  corporation  or 
corporations,  by  taking  their  land  and  other  property  for  said  rail- 
road, where  the  same  cannot  be  obtained  by  voluntary  agreement, 
to  be  estimated  by  commissioners,  as  is  provided  in  an  Act  enti- 
tled "An  Act  to  provide  a  more  cheap  and  expeditious  mode  of 
assessing  damages,  for  land  or  materials  taken  by  railroad  corpo- 
rations." 

Sect.  8.  That  when  the  lands,  or  other  property  or  estate,  of  any 
married  woman,  infant,  or  person  non  compos  meniis,  shall  be 
necessary  for  the  construction  of  said  railroad,  the  husband  of 
such  married  woman,  and  the  guardian  of  such  infant,  or  person 
non  compos  mentis,  may  release  all  damages  in  relation  to  the 
land  or  other  property  or  estate,  to  be  taken  and  appropriated  as 
aforesaid ;  as  they  might  do,  if  the  same  were  holden  by  them  in 
their  own  right  respectively. 

Sect.  9.  That  if  any  person  or  persons  shall  unlawfully,  wil- 
fully, and  maliciously,  obstruct  the  passage  of  any  carriage  on  said 
railroad,  or  in  any  way  injure,  spoil,  or  destroy  said  j-ailroad  or 
any  part  thereof,  or  shall  aid  or  assist  therein,  such  person  or  per- 
sons so  obstructing  the  passage  of  such  carriage,  or  so  injuring, 
spoiling,  or  destroying  said  railroad,  or  any  part  thereof,  or  so  aid- 
ing or  assisting  therein,  shall  for  every  such  offence,  on  conviction 
thereof  before  any  court  of  competent  jurisdiction,  forfeit  and  pay 
a  fine  not  less  than  thirty  dollars,  nor  more  than  five  hundred  dol- 
lars, for  the  use  of  the  county  wherein  such  offence  may  be  com- 
mitted ;  and  may  be  imprisoned  for  a  term  not  exceeding  one  year, 
at  the  discretion  of  the  court  before  whom  such  conviction  may 
be  had. 

Sect.  10.  That  the  annual  meeting  of  the  members  of  said  cor- 
poration shall  be  holden  on  the  first  Wednesday  of  September,  at 
such  place  as  the  directors  for  the  time  being  shall  appomt ;  at 
which  meeting  five  directors  shall  be  chosen  by  ballot,  each  pro- 
prietor being  entitled  to  as  many  votes  as  he  holds  shares,  pro- 
vided that  any  member  holding  more  than  twenty  shares,  shall  be 
entitled  to  no  more  than  one  vote  for  every  five  shares  he  may  hold 
above  twenty ;  and  the  three  persons  first  named  in  this  Act,  or 
any  two  of  them,  may  call  the  first  meeting  of  said  corporation, 

31* 


366  EASTERN   RAILROAD  IN  NEW  HAMPSHIRE. 

by  causing  a  notice  for  the  same  to  be  published  in  the  New 
Hampshire  Gazette  and  Portsmouth  Journal,  ten  days  prior  to  the 
day  of  meeting,  and  at  said  meeting  all  such  oflicers  may  be 
chosen,  as  it  would  be  lawful  to  choose  at  the  annual  meeting,  and 
who  shall  hold  their  offices  until  the  first  annual  meeting,  and 
until  others  are  chosen ;  and  the  directors  are  hereby  authorized 
to  call  special  meetings  of  the  proprietors,  and  shall  call  special 
meetings,  whenever  a  written  request  shall  be  presented  to  one  or 
more  of  them  for  that  purpose,  signed  by  at  least  fifteen  of  the  pro- 
prietors, giving  such  notice  thereof  as  the  proprietors  by  their 
by-laws  may  direct. 

Sect.  11.  That  if  the  said  railroad  in  the  course  thereof  shall 
intersect  or  cross  any  private  way,  the  said  corporation  shall  so 
construct  said  railroad,  as  not  to  obstruct  the  safe  and  convenient 
use   of  such    way ;    and   if  said   railroad    shall   not   be   so   con- 
structed, the  party  aggrieved  shall  be  entitled  to  his  action  on  the 
case,  in  any  court  proper  to  try  the  same,  and  shall  recover  his 
reasonable  damages  for  such  injury  ;  and  if  the  said  railroad  shall, 
in  the  course  thereof,  intersect  or  cross  any  navigable  stream,  or 
any  canal,  turnpike,  or  other  highway,  which  has  been  or  may 
hereafter  be  laid  out  in  pursuance  of  the  laws  of  this  State,  the 
said  railroad  shall  be  so  constructed,  as  not  to  impede  or  obstruct 
the  safe  and  convenient  use  of  said  navigable  stream,  or  of  such 
canal,  turnpike,  or  other  highway.     And  the  said  corporation  shall 
have  the  power  to  raise  or  lower  such  turnpike,  highway,  or  pri- 
vate way,  so  that  said  railroad,   if  necessary,   may  conveniently 
pass  under  or  over  the  same  ;  and  if  said  corporation  shall  raise  or 
lower  any  such   turnpike,  highway,   or   private   way,   pursuant 
thereto,  and  shall  not  so  raise  or  lower  the  same,  as  to  be  satis- 
factory to  the  proprietors  of  such  turnpike,  or  to  the  selectmen  of 
the  town  or  towns  in  which  such  highway  or  private  way  may  be 
situated,  as  the  case  may  be,  said  proprietors  or  selectmen  may 
require  in  writing,  of  said  corporation,  such  amendments  or  alter- 
ations  as  they  may  think  necessary.     And  if  the  required  amend- 
ments or  alterations  be  reasonable  and  proper,  in  the  written  opin- 
ion of  the  court  of  common  pleas  of  the  county,  in  which  such 
amendments  or  alterations  shall  be  required,  and  if  the  said  corpo- 
ration shall  unreasonably  and  unnecessarily  neglect   to  make  the 
same,  such  proprietors  or  selectmen,  as  the  case  may  be,  may  pro- 
ceed to  make  such  alterations  or  amendments ;  and  may  institute 
and  prosecute  to  final  judgment  and  execution,  in  any  court  proper 


NEW    HAMPSHIRE.  367 

to  try  the  same,  an  action  of  the  case  against  said  corporation, 
and  siiall  therein  recover  a  reasonable  indemnity  in  damages,  for 
all  charges,  disbursements,  labor,  and  services,  occasioned  by 
making  such  alterations  or  amendments,  with  costs  of  suit. 

Sect.  12,  That  it  shall  be  in  the  power  of  this  State,  at  any 
time  during  the  continuance  of  the  charter,  hereby  granted,  after 
the  expiration  of  twenty  years,  from  the  opening  for  use  of  the 
railroad  herein  provided  to  be  made,  to  purchase  of  the  said  corpo- 
ration, the  said  railroad,  and  all  the  franchise,  property,  rights  and 
privileges  of  the  said  corporation  ;  on  paying  therefor  the  amount 
expended  in  making  the  said  railroad,  and  the  expenses  of  repairs 
and  all  other  expenses  relating  thereto,  with  interest  thereon  at  the 
rate  of  ten  per  cent,  per  annum;  deducting  all  sums  received  by 
the  corporation  from  tolls,  or  any  other  source  of  profit,  and  inter- 
est at  the  rate  of  ten  per  cent,  per  annum  thereon,  that  shall  have 
been  received  by  the  stockholders. 

Sect.  13.  That  if  one  fourth  of  the  stock  shall  not  have  been 
subscribed  for,  the  company  organized,  and  the  location  of  the 
route  filed  in  the  oflice  of  the  secretary  of  this  State,  previous 
to  the  first  Wednesday  of  June,  in  the  year  of  our  Lord  eighteen 
hundred  and  thirty  seven,  or  if  the  corporation  shall  not  have  laid 
out  and  expended  the  sum  of  ten  thousand  dollars  towards  the 
completion  of  said  road,  previous  to  the  first  day  of  September,  in 
the  year  of  our  Lord  eighteen  hundred  and  forty,  or  shall  fail  to 
complete  the  same  before  the  first  day  of  June,  in  the  year  of  our 
Lord  eighteen  hundred  and  forty-six  — in  either  of  said  cases  this 
Act  shall  be  null  and  void;  — otherwise  to  remain  in  full  force, 
until  this  State  shall  purchase  said  railroad  as  is  herein  before 
provided. 

Sect.  14.  That  said  railroad  company  shall  constantly  main- 
tain in  good  repair,  all  bridges,  with  their  abutments,  and  embank- 
ments, which  they  may  construct,  for  the  purpose  of  passing  their 
railroad  over  any  canal,  turnpike,  or  other  highway,  or  private 
way,  or  for  passing  such  private  way,  turnpike,  or  other  highway, 
over  said  railroad  ;  and  in  default  thereof  shall  be  liable  in  an  action 
on  the  case  to  refund  in  damages  to  the  party  aggrieved. 

Sect.  15.  That  nothing  in  this  Act  shall  be  so  construed  or  un- 
derstood, as  to  give  to  this  corporation  any  right  or  power  to  erect 
any  bridge  on,  or  in  any  other  way  to  obstruct  the  free  navigation 
of,  the  Piscataqua  River. 

Sect.  16.  That  nothing  in  this  Act  shall  be  so  construed,  as  to 


368  EASTERN   RAILROAD   IN  NEW  HAMPSHIRE. 

affect  the  rights  of  any  railroad  corporation  heretofore  granted,  and 
that  the  legislature  may,  at  any  time  hereafter,  alter,  amend,  or 
modify  or  repeal  this  Act,  or  any  of  its  provisions.  Approved, 
June  18,  1836. 

Laws  of  1839,  Chap.  23. 

An  Act  in  addition  to  an  act  entitled  •'  An  act  to  incorporate  the  Eastern  Railroad 

in  New  Hampshire." 

Sect.  1.  Be  it  enacted,  6fc.  That  the  Eastern  Railroad  in  New 
Hampshire  be,  and  they  hereby  are  authorized  and  empowered  to 
locate  the  railroad,  from  Salisbury  in  the  commonwealth  of  Massa- 
chusetts to  Portsmouth  in  this  state,  upon  such  site  as  the  directors 
of  said  corporation  shall  deem  more  eligible,  provided  said  location 
be  definitively  made,  and  a  plan  thereof  drawn  and  filed  in  the 
office  of  the  secretary  of  state  for  this  state,  on  or  before  the  fourth 
day  of  July,  A.  D,  1840,  any  thing  in  the  Act  to  which  this  is  in 
addition  to  the  contrary  notwithstanding.  Provided  also,  that  the 
termination  of  said  railroad  in  said  Portsmouth,  as  the  same  is 
now  located,  shall  not  be  altered. 

Sect.  2.  That  said  Eastern  Railroad  in  New  Hampshire  be, 
and  they  hereby  are  authorized  and  empowered,  to  lease  a  part  or 
the  entire  right  to  use  said  Eastern  Railroad  in  New  Hampshire, 
by  locomotives,  cars,  carriages,  and  engines,  to  such  persons  or 
corporations,  and  upon  such  terms,  as  they  may  deem  proper. 

Sect.  3.  That  nothing  in  this  Act  contained  shall  be  so  con- 
strued, as  to  authorize  the  said  Eastern  Railroad  to  locate  said 
road,  at  any  place  within  the  chartered  limits  heretofore  granted  to 
the  Boston  and  Maine  Railroad,  or  take  away  or  aff'ect  any  rights 
or  privileges  secured  to  or  reserved  by  the  State,  in  the  Act  to 
which  this  is  in  addition,  and  that  the  legislature  may  at  all  times 
alter,  modify,  or  repeal  this  Act  or  any  of  its  provisions.  Approved, 
July  2,  1839. 

Laws  of  1840,  Chap.  2. 

An  Act  in  addition  to  an  Act  entitled  "  an  Act  in  addition  to  an  Act  to  incorporate 
the  Eastern  Railroad  in  New  Hampshire." 

Sect.  1.  Be  it  enacted,  i5*c.  That  so  much  of  the  first  section  of 
"An  Act  in  addition  to  an  Act,  entitled  an  Act  to  incorporate  the 
Eastern  Railroad  in  New  Hampshire,"  approved  July  2,  1839,  as 


NEW   HAMPSHIRE.  369 

provides  "  that  the  termmation  of  said  railroad  in  Portsmouth,  as 
the  same  is  now  located,"  shall  not  be  altered,  be  and  the  same  is 
hereby  repealed. 

Sect.  2,  That  the  Eastern  Railroad  in  New  Hampshire  be,  and 
they  are  hereby  authorized  and  empowered  to  locate  their  railroad, 
from  the  point  where  said  Eastern  Railroad  intersects  the  Green- 
land road,  in  Portsmouth,  between  the  farm  of  Andrew  Hussey 
and  the  homestead  farm  of  the  late  Joseph  Shiirburn,  deceased,  in 
a  northeasterly  direction,  across  the  homestead  farm  of  said  Joseph 
Shurburn,  to  land  of  Andrew  Shurburn,  thence  north  about  fifty- 
two  degrees  east  across  land  of  Peter  Emery,  Daniel  R.  Rogers, 
Ruth  Miller,  Robert  Ham,  Samuel  Treat,  Daniel  H.  Treadwell, 
and  on  Frenchman's  Lane,  thence  crossing  the  Creek  road  near 
the  Creek  bridge,  and  across  land  of  Alfred  W.  Haven  and  George 
W.  Haven,  the  Akerman  lot,  land  of  Samuel  Hale,  and  land 
owned  in  common  by  John  Haven,  Mark  W.  Pierce,  and  the  heirs 
of  the  late  Benjamin  Penhallow,  to  the  north  mill-pond ;  thence 
across  a  part  of  said  north  mill-pond  near  to  William  Storer's  dis- 
tillery on  Deer  street ;  thence  to  Piscataqua  River,  and  striking 
said  river,  at  some  point  south  of  the  northerly  side  of  Rindge's 
wharf,  and  north  of  the  southerly  side  of  land  of  Jonathan  Walker, 
deceased,  and  the  Old  Ferry,  so  called,  in  said  Portsmouth,  any 
thing  in  the  several  Acts  to  which  this  is  in  addition  to  the  contrary 
notwithstanding.  Provided,  however,  That  the  Act  named  in  the 
first  section  of  this  Act  shall  not  be  repealed,  and  the  alteration 
above  proposed  shall  not  be  made,  but  by  consent  of  the  inhab- 
itants of  said  Portsmouth,  expressed  in  legal  town  meeting  called 
for  that  purpose,  in  which  call  shall  be  set  forth  the  object  of  the 
meeting.  Ayid  provided  further,  That  in  case  said  alteration  shall 
be  made,  said  railroad  corporation  shall  build  and  construct  a 
depot  southwesterly  of  Vaughan  Street,  and  northeasterly  of  Wil- 
liam Storer's  distillery,  and  between  Deer  Street  and  the  north 
burying  ground,  and  at  no  other  place  in  said  Portsmouth,  and 
shall  complete  said  railroad  to  said  depot,  by  the  first  day  of 
March,  A.  D.  1841 ;  nor  shall  said  corporation  be  allowed  to  cross 
Vaughan  or  Market  streets,  by  steam  power. 

Sect.  3.  That  a  further  time,  and  until  the  first  day  of  March, 
A.  D.  1841,  be,  and  hereby  is  granted  to  said  railroad  corporation, 
to  file  the  plan  and  location  of  their  railroad  in  the  office  of  the 
Secretary  of  State,  any  thing  in  the  several  Acts,  to  which  this  is 
in  addition,  to  the  contrary  notwithstanding. 


370  EASTERN   RAILROAD   IN   NEW   HAMPSHIRE. 

Sect.  4.  That  this  Act  shall  not  be  in  force,  unless  the  said  rail- 
road corporation  shall  comply  with  all  the  provisions  of  this  Act, 
nor  unless  the  inhabitants  of  Portsmouth  shall  consent  to  the  alter- 
ation as  above  provided ;  and  in  case  the  inhabitants  of  Ports- 
mouth shall  not  consent  to  the  alteration  as  above  provided,  then 
it  shall  be  unlawful  for  said  railroad  corporation  to  run  upon  said 
railroad  locomotives  or  cars,  until  said  road  is  completed  to  the 
terminus  as  at  present  located. 

Sect.  5.  That  the  legislature  shall  have  the  right  at  any  time  to 
alter,  amend,  or  repeal  this  Act,  or  any  of  its  provisions.  Approved, 
June  19,  1840. 

Laws  of  1841,  Chap.  7. 

An  Act  in  addition  to  th.e  several  Acts  incorporating  the  Eastern  Railroad  in 

New  Hampshire. 

Sect.  1.  Be  it  enacted,  6)*c.  That  the  Eastern  railroad  in  New 
Hampshire  be,  and  they  hereby  are  authorized  and  empowered,  to 
connect  their  railroad  with  the  Portland,  Saco  and  Portsmouth 
Railroad,  at  the  dividing  line  between  the  States  of  New  Hamp- 
shire and  Maine,  and  for  this  purpose  to  locate  and  construct  said 
railroad  in  New  Hampshire,  over  and  across  Noble's  Island,  so 
called,  in  Portsmouth,  and  over  and  across  Portsmouth  Bridge  or 
any  part  thereof;  and  to  enter  into  and  execute  any  contract, 
necessary  to  carry  into  effect  such  location  and  construction,  that 
may  be  fit  and  proper  therefor.  And  the  Portsmouth  Bridge  are 
hereby  authorized  and  empowered,  to  enter  into  and  execute  any 
contract  with  said  Eastern  Railroad,  in  New  Hampshire,  necessary 
or  proper  for  the  purposes  aforesaid,  and  for  the  transportation  of 
the  cars,  carriages,  and  engines,  of  said  railroads. 

Sect.  2.  That  nothing  herein  contained  shall  be  so  construed,  as 
to  authorize  either  the  said  railroad  or  said  Portsmouth  Bridge,  to 
do  or  to  suffer  any  thing  to  be  done,  whereby  the  navigation  of  the 
Piscataqua  River  shall  be  more  obstructed  than  it  now  is  ;  nor  shall 
any  thing  herein  contained  give,  or  ever  be  construed  to  give  to  said 
Portsmouth  Bridge,  and  said  railroad,  or  either  of  them,  any  new 
or  additional  right,  power,  or  privilege  to  obstruct,  impede,  or 
injure,  the  free  and  unobstructed  navigation  of  the  Piscataqua 
River,  over  and  above  what  said  Portsmouth  Bridge  now  have  by 
virtue  of  their  Act  of  incorporation ;  and  it  shall  be  lawful  for  the 
justices  of  the  superior  court  of  judicature,  upon  the  complaint  of 


NEW  HAMPSHIRE.  371 

any  person,  that  any  further  or  unlawful  obstructions  to  the  navi- 
gation of  said  Piscataqua  River,  are  made  or  making  by  said  rail- 
road corporation,  or  the  proprietors  of  said  bridge,  or  by  any  of 
their  agents,  servants,  or  laborers,  upon  due  notice  to  the  parties  in 
interest,  to  hear  and  consider  the  matter  of  said  complaint ;  and  if, 
after  hearing  the  parties,  said  justices  shall  be  of  the  opinion  that 
any  obstructions  are  made  contrary  to  the  true  intent  and  meaning 
of  this  Act,  it  shall  be  the  duty  of  said  justices  to  cause  said 
obstructions  to  be  removed,  by  said  Portsmouth  Bridge  and  said 
railroad,  or  one  of  them,  in  such  reasonable  time  as  said  justices 
shall  direct ;  and  in  case  of  refusal  or  neglect  to  comply  with  such 
order,  all  rights  and  privileges  acquired  under  this  Act  shall  cease. 

Sect.  3.  That  said  railroad  shall  cause  the  three  widest  open- 
ings in  said  Portsmouth  Bridge  to  be  widened  ten  feet  each  at 
least,  and  said  bridge  may  be  otherwise  altered;  provided  said 
alterations  lessen  or  do  not  increase  the  lawfully  existing  obstruc- 
tions to  the  navigation  of  said  Piscataqua  River. 

Sect.  4.  That  nothing  herein  contained  shall  be  so  construed,  as 
to  authorize  said  railroad  to  take  land  for  the  purposes  herein  pro- 
vided, without  the  consent  of  the  owner  thereof. 

Sect.  5.  That  said  Eastern  Railroad  shall  maintain  a  draw,  in 
the  bridge  from  Rindge's  wharf  to  Noble's  Island,  forty  feet  in 
width,  which  said  draw  said  Eastern  Railroad  shall  be  held,  at  all 
times,  and  without  unnecessary  delay,  to  hoist  when  there  may  be 
occasion,  and  when  thereto  requested.  Provided  always^  That 
nothing  in  this  Act  shall  be  so  construed,  as  to  affect  any  process, 
or  proceedings  now  pending  in  any  court  in  this  State,  wherein 
the  said  Portsmouth  Bridge  Corporation  may  be  a  party.  And  all 
Acts  and  parts  of  Acts  inconsistent  herewith,  are  so  far  modified  as 
to  conform  to  the  provisions  of  this  Act.  And  the  Legislature 
may  alter  or  repeal  the  foregoing  Act,  whenever  the  public  good 
may  require. 

Sect.  6.  That  no  contract  which  may  be  entered  into,  between 
the  proprietors  of  the  Portsmouth  Bridge  and  the  Eastern  Railroad 
in  New  Hampshire,  shall  in  any  manner  impede,  obstruct,  or 
endanger  the  ordinary  travel  across  the  said  bridge.  Approved, 
Jime  29,  1841. 


372  CONCORD    GRANITE   AND   RAILWAY    COMPANY. 


CONCORD    GRANITE   AND   RAILWAY   COMPANY, 

INCORPORATED  IN  NEW  HAMPSHIRE  IN  1836. 
Chapter  lOl  of  tJie  Private  Acts  of  1836  contains  the  Charter. 

Sect.  1  grants  corporate  powers  ;  authorizes  the  Company  to  commence  the  business 
of  quarrying  granite,  and  for  this  purpose  to  construct  a  Railway ;  describes  the 
route,  provides  that  it  shall  not  obstruct  any  private  way  or  highway,  and  empow- 
ers the  Company  to  hold  real  and  personal  estate  for  its  purposes  to  the  amount 

of  $2000. 

Sect.  2  limits  the  capital  stock  to  2000  shares,  and  appoints  five  Directors,  who 
shall  choose  officers. 

Sect.  3  directs  the  mode  of  organizing  the  Company,  and  of  holding  meetings  to 
determine  the  manner  of  dividing  the  stock  into  shares  ;  and  provides  that  they 
may  elect  other  officers  and  agents,  order  assessments,  and  appoint  the  time  of 
payment,  and  make  by-laws,  not  repugnant  to  the  laws  of  the  State ;  all  questions 
shall  be  determined  by  a  majority  of  the  stockholders  present;  any  stockholder 
having  more  than  ten  shares,  shall  be  entitled  to  but  one  vote  for  every  five  shares 
exceeding  that  number,  and  any  absent  member  may  vote  by  proxy,  written 
authority  therefor  being  filed  with  the  clerk. 

Sect.  4  limits  the  assessments  on  each  share  to  $100,  and  authorizes  a  sale  of  shares 
for  non-payment  thereof,  under  such  regulations  as  may  be  prescribed  in  the  by- 
laws. 

Sect.  5  provides  that  the  Legislature  may  alter  or  repeal  this  Act. 


Laws  of  1836,  Chap.  101. 
An  Act  to  Incorporate  the  Concord  Granite  and  RaUway  Company, 

Sect.  1.  Be  it  enacted,  i^c.  That  Robert  Davis,  Luther  Roby, 
Horatio  Hill,  Moses  G.  Atwood,  John  J.  Eaton,  Weare  Tappan, 
William  Greene,  and  their  associates,  successors,  and  assigns,  be 
and  they  hereby  are  made  a  body  politic  and  corporate  under  the 
name  of  the  "  Concord  Granite  and  Railway  Company,"  and  by 
that  name  shall  be  and  hereby  are  made  capable  in  law,  to  sue  and 
be  sued,  to  final  judgment  and  execution,  plead  and  be  impleaded, 
defend  and  be  defended,  in  any  court  of  record  or  in  any  other 
place  whatever,  to  make,  have,  and  use  a  common  seal,  and  the 
same  to  break,  renew,  or  alter  at  pleasure,  and  shall  be  and  hereby 
are  vested  with  all  the  powers  and  privileges,  and  subject  to  all 


NEW  HAMPSHIRE.  373 

the  liabilities,  which  by  law  are  incident  to  corporations  of  a  simi- 
lar nature.  And  the  said  corporation  are  hereby  authorized  and 
empowered  to  commence  and  carry  on  the  business  of  quarrying 
granite,  at  the  New-Hampshire  Ledge  or  Quarry  in  Concord  in  said 
State.  And  to  construct  such  railway  as  may  be  necessary  for  the 
transportation  of  said  granite  from  said  ledge  or  quarry  to  the 
Merrimac  River,  and  to  the  line  of  the  Concord  Railroad  Corpora- 
tion, —  not  obstructing  any  existing  public  or  private  way,  or  any 
public  highway  hereafter  laid  out —  and  for  the  purposes  aforesaid, 
may  purchase  and  hold  such  real  and  personal  estate  as  may  be 
necessary,  not  exceeding  in  amount  the  sum  of  two  thousand  dol- 
lars, and  the  same  may  use,  sell  and  dispose  of  at  pleasure. 

Sect.  2.  That  the  capital  stock  of  said  corporation  shall  consist 
of  two  thousand  shares,  and  the  immediate  government  and  direc- 
tion of  the  affairs  of  said  corporation  shall  be  vested  in  five  direct- 
ors, who  shall  be  chosen  by  the  members  of  the  corporation  in  the 
manner  hereinafter  provided,  and  shall  hold  their  offices  until  oth- 
ers shall  be  duly  elected  and  qualified  to  take  their  places  as 
directors.  And  the  said  directors,  a  majority  of  whom  shall  form 
a  quorum  for  the  transaction  of  business,  shall  elect  one  of  their 
own  number  to  be  president  of  the  board,  who  shall  also  be  pres- 
ident of  the  corporation,  and  shall  have  authority  to  choose  a  clerk 
who  shall  be  sworn  to  the  faithful  discharge  of  his  duty,  who  shall 
also  be  clerk  of  the  corporation,  unless  the  corporation  shall  elect 
some  other  person  to  that  office  ;  a  treasurer,  who  shall  give  bonds 
to  the  corporation,  with  sureties  to  the  satisfaction  of  the  directors, 
for  the  faithful  discharge  of  his  trust;  also  all  such  other  agents 
and  servants,  which  may  not  have  been  chosen  by  the  corporation, 
as  shall  from  time  to  time  be  necessary. 

Sect.  3.  That  the  three  persons  first  named,  or  any  two  of  them, 
may  call  the  first  meeting  of  the  members  of  said  corporation,  to 
be  holden  at  any  suitable  time  and  place  in  Concord  aforesaid,  by 
publishing  a  notification  thereof,  expressing  therein  the  time,  place, 
and  design  of  said  meeting,  in  one  of  the  newspapers  printed  in 
said  Concord,  three  weeks  successively  prior  to  the  day  of  meet- 
ing ;  at  which  said  first  meeting  there  shall  be  chosen  five  direct- 
ors ;  also  a  clerk,  who  shall  be  sworn  to  the  faithful  discharge  of 
the  duties  of  his  office,  and  whose  duty  it  shall  be  to  record  the 
acts  and  doings  of  said  corporation,  and  to  give  certified  copies 
thereof  when  lawfully  required;  and  at  the  same  meeting,  or  any 
subsequent  meeting  thereof,  duly  notified  and  holden,  the  members 

32 


374  DOVER  AND   WINNIPISIOGEE   RAILROAD. 

of  said  corporation  may  agree  on  the  manner  of  holding  future 
meetings,  may  determine  the  manner  of  transferring  the  shares  of 
their  capital  stock,  may  elect  such  other  officers  and  agents  as  may 
be  deemed  necessary  for  managing  their  affairs,  and  prescribe  their 
duties,  may  order  assessments  and  fix  the  time  of  their  payment, 
may  establish  by-laws,  not  repugnant  to  the  laws  of  this  State,  for 
their  regulation  and  government,  and  may  do  and  transact  any 
business  necessary  to  carry  into  effect  the  objects  of  their  associa- 
tion. All  questions  at  any  meeting  of  said  corporation,  shall  be 
determined  by  a  majority  of  the  voters  present  and  represented, 
allowing  one  vote  to  each  share ;  provided  that  any  stockholder 
owning  over  ten  shares,  shall  be  entitled  to  carry  only  one  vote  for 
every  five  shares  he  owns  over  and  above  said  ten.  Absent  mem- 
bers may  vote  by  proxy,  being  authorized  in  writing  signed  by  the 
person  represented,  and  filed  with  the  clerk. 

Sect.  4.  That  the  shares  of  said  corporation  shall  be  liable  and 
holden  for  the  payment  of  all  assessments  duly  made  thereon,  not 
exceeding  in  the  whole  one  hundred  dollars  on  each  share ;  and 
upon  the  non-payment  thereof  within  the  time  fixed  for  their  pay- 
ment, the  delinquent  share  or  shares  may  be  advertised  and  sold  at 
public  auction,  or  so  many  of  them  as  may  be  necessary  to  pay 
such  assessments,  with  the  incidental  charges,  under  such  regula- 
tions as  the  corporation  in  its  by-laws  shall  have  prescribed. 

Sect.  5.  That  the  legislature  may  at  any  time  alter  amend  or 
repeal  the  foregoing  Act,  as  the  public  good  may  require.  Ap- 
proved, December  28,  1836. 


DOA^R  AND  WINNIPISIOGEE  RAILROAD. 

INCORPORATED    IN   NEW   HAMPSHIRE    IN    1839. 
Chapter  18  o/"  tJie  Private  Acts  of  1839  contains  tJie  Charter. 

Sect.  1  grants  coqiorate  powers  and  describes  the  location  of  the  route,  authorizing 
the  Company  to  lay  out  a  road  six  rods  wide,  and  to  take  land  and  materials  for 
its  construction,  being  liable  however  for  damages. 

Sect.  '2  limits  the  capital  stock  to  5000  shares  of  $100  each,  and  vests  the  govern- 
ment of  the  Corporation  in  five  Directors  to  be  chosen  annually,  a  Treasurer,  and 
Clerk. 

Sect.  3  defines  the  powers  and  duties  of  the  President  and  Directors,  giving  them 
authority  to  sell  the  shares  of  any  subscriber,  who  shall  fail  to  pay  assessments 
after  thirty  days'  notice,  and  making  him  liable  for  any  deficiency  remaining  after 


NEW   HAMPSHIRE.  375 

.  such  sale  ;  it  limits  the  assessments  to  $100  on  each  share,  authorizing,  if  neces- 
sary, an  increase  of  shares,  to  be  distributed  among  the  original  stockholders. 

Sect.  4  gives  to  the  Corporation  power  to  make  by-laws  and  regulations  not  repug- 
nant to  the  laws  of  the  State. 

Sect.  5  grants  to  the  Coiijoration  a  toll  for  the  transportation  of  passengers  and 
freight,  reserving  to  the  Legislature,  however,  after  the  expiration  of  five  years, 
the  right  to  reduce  the  rates  of  toll,  if  the  net  income  therefrom  shall  have  exceeded 
10  per  cent,  per  annum  upon  the  whole  cost  of  the  road. 

Sect.  6  authorizes  the  Dkectors  to  erect  toll-houses  and  collect  toll;  it  reqmres 
them  to  make  an  annual  report,  and  imposes  a  penalty  for  neglect  or  refusal  so 
to  do. 

Sect.  7  makes  the  Corporation  liable  for  land  damages,  to  be  assessed  in  the  manner 
prescribed  by  the  Act  passed  June  13,  1837. 

Sect.  8  authorizes  guardians  of  persons  incapable  to  contract,  and  husbands  of  mar- 
ried women,  to  release  their  claims  for  damages. 

Sect.  9  imposes  a  penalty  upon  any  one  wilfully  obstructing  or  injuring  the  road, 
and  establishes  the  mode  of  recovering  the  same. 

Sect.  10  appoints  the  time  of  the  annual  meeting,  and  establishes  the  maimer  of 
choosing  Directors  and  organizing  the  Company. 

Sect.  1 1  dii'ccts  the  mode  of  crossing  any  private  way,  highway,  canal,  or  turnpike, 
giving  to  any  person  aggrieved  the  right  to  commence  an  action  on  the  case ;  and 
giving  to  the  projjrietors  of  any  turnjuke  or  the  selectmen  of  any  town  the  same 
right,  if  the  Corporation  first  refuse  to  comply  with  the  written  opinion  of  the 
Court  of  Common  Pleas  for  the  county. 

Sect.  12  prohibits  any  other  railroad  from  being  granted  within  thirty  years,  whose 
termini  shall  be  within  five  miles  of  those  of  this  road,  or  that  shall  run  parallel 
with  this  road  ;  granting,  however,  to  any  other  railroad  the  right  to  enter  upon 
this,  by  paying  therefor  such  rates  of  toll  as  the  Legislature  may  prescribe,  and 
complying  with  the  regulations  of  this  road ;  and  reserving  to  the  State  the  right 
to  purchase  its  franchise  and  property  on  certain  terms. 

Sect.  13  fixes  the  respective  times  within  which  a  portion  of  the  stock  must  be 
subscribed  for,  the  Company  organized,  the  location  of  the  route  filed  and  a  por- 
tion of  the  road  built ;  if  not  complied  with,  this  Act  will  be  void,  otherwise  it 
will  remain  in  full  force  for  fifty  years,  or  until  the  road  is  purchased  by  the 
State, 

Sect.  14  compels  the  Company  to  maintain  in  good  repair  all  bridges,  with  their 
abutments  and  embankments,  and  in  default  thereof  makes  them  liable  for  damages 
and  subject  to  indictment. 

Sect.  15  enacts  that  nothing  in  this  Act  shall  affect  the  existing  rights  of  any  rail- 
road corporation,  and  reserves  to  the  legislature  the  power  to  alter,  amend  or 
modify  this  Act. 


Laws  of  1839,  Chap.  18. 

An  Act  to  incorporate  the  "  Dover  and  Winnipisiogee  Railroad." 

Sect.  1.  Be  it  enacted^  Sf'c.  That  Andrew  Peirce,  Moses  Paul, 
Francis  Cogswell,  Joseph  H.  Smith,  Hatevil  Knight,  Charles  Den- 


376  DOVER   AND    WINNIPISIOGEE   RAILROAD. 

nett,  Noah  Tebbetts,  Benjamin  Barker,  Hobart  Clark,  James  Bur- 
ley,  John  Riley,  Samuel  Wyatt,  Stephen  Hanson,  Richard  Kimball, 
John  P.  Hale,  Watson  Hayes,  Calvin  Hale,  Dominicus  Hanson, 
John  Roberts,  Jr.,  Thomas  W.  Kittridge,  John  H.  Wheeler,  Benja- 
min Wiggin,  William  Twombly,  E.  J.  Lane,  Asa  A.  Tufts,  and 
Silas  Moody,  and  their  associates,  successors,  and  assigns,  be  and 
they  hereby  are  made  a  body  politic  and  corporate  under  the  name 
of  the  "  Dover  and  Winnipisiogee  Railroad,"  and  by  that  name 
shall  be  and  hereby  are  made  capalSle  in  law  to  sue  and  be  sued  to 
final  judgment  and  execution,  plead  and  be  impleaded,  defend  and 
be  defended  in  any  court  of  record,  or  in  any  other  place  what- 
ever, to  make,  have,  and  use  a  common  seal,  and  the  same  to 
break,  alter,  or  renew  at  pleasure,  and   shall  be  and  hereby  are 
vested  with  all  the  powers,  privileges,  and  immunities,  which  are 
or  may  be  necessary  to  carry  into  effect  the  purposes  and  objects 
of  this  Act,  as  hereinafter  set  forth,  and  subject  to  all  liabilities 
incident  to  corporations  of  a  similar  nature.     And  the  said  corpo- 
ration is  hereby  authorized  and  empowered  to  locate,  construct, 
and  finally  complete  a  railroad  beginning  at  any  point  in  Dover  in 
the  county  of  Strafford,  thence  running  in  a  northerly  direction  to 
some  .point  in  Alton  in  said  county  near  the  southerly  extremity  of 
Winnipisiogee  Lake,  in  such  manner  and  form  as  they  shall  deem 
most  expedient.     And  for  this  purpose  the  said  corporation  are 
authorized  to  lay  out  their  road  not  exceeding  six  rods  wide, 
through  the  whole  length  thereof;  and  for  suitably  constructing 
embankments  and  excavations,  and  building  bridges,  may  take  as 
much  more  land  as  may  be  necessary  for  those  purposes,  not  ex- 
ceeding four  rods  in  width,  in  addition  to  said  six  rods.     Provided^ 
however^  that  all  damages  which  shall  be  occasioned  to  any  person 
or  persons,  corporation  or  corporations,  by  the  taking  of  such  land 
for  the  purposes  aforesaid,  shall  be  paid  for  by  said  corporation  in 
the  manner  hereinafter  provided. 

Sect.  2.  That  the  capital  stock  of  said  corporation  shall  consist 
of  five  thousand  shares,  of  one  hundred  dollars  each.  The  imme- 
diate government  and  direction  of  the  affairs  of  the  corporation 
shall  be  vested  in  five  directors,  who  shall  be  chosen  by  the  mem- 
bers of  the  corporation  in  the  manner  hereinafter  provided,  who 
shall  hold  their  offices  for  one  year,  and  until  others  shall  be  duly 
elected  and  qualified  to  take  their  places  as  directors.  And  the 
said  directors,  a  majority  of  whom  shall  form  a  quorum  for  the 
transaction  of  business,  shall  elect  one  of  their  own  number  to  be 


NEW   HAMPSHIRE.  377 

president  of  the  board,  who  sharll  also  be  president  of  the  corpora- 
tion, and  said  directors  shall  have  authority  to  choose  a  clerk,  who 
shall  be  sworn  to  the  faithfnl  discharge  of  his  duty  ;  and  said  clerk 
so  appointed  shall  also  be  the  proprietors'  clerk,  unless  said  proprie- 
tors shall  elect  a  clerk  and  a  treasurer,  who  shall  give  bonds  to  the 
corporation,  with  one  or  more  sureties  to  the  satisfaction  of  the 
directors  in  a  sum  not  less  than  twenty  thousand  dollars,  for  the 
faithful  discharge  of  his  trnst. 

Sect.  3.  That  the  president  Knd  directors  for  the  time  being  are 
authorized  and  empowered  by  themselves  or  their  agents,  to  exer- 
cise all  the  powers  herein  granted  to  the  corporation  for  the  pur- 
poses of  locating,  constructing,  and  completing  said  railroad ;  and 
all  such  other  power  and  authority  for  the  management  of  the 
affairs  of  the  corporation,  not  heretofore  granted,  as  may  be  neces- 
sary and  proper  to  carry  into  effect  the  object  of  this  grant;  to  pur- 
chase and  hold  land,  materials,  engines,  cars,  and  other  necessary 
things  in  the  name  of  the  corporation,  for  the  use  of  said  road  ;  to 
make  such  equal  assessments  from  time  to  time  on  all  the  shares 
in  said  corporation,  as  they  n:iay  deem  expedient  and  necessary  in 
the  execution  and  progress  of  the  work,  and  direct  the  same  to  be 
paid  to  the  treasurer  of  the  corporation ;  and  the  treasurer  shall 
give  notice  of  all  assessments.  And  in  case  any  subscriber  shall 
neglect  to  pay  his  assessment,  for  the  space  of  thirty  days  after  due 
notice  by  the  treasurer  of  said  corporation,  the  directors  may  order 
the  treasurer  to  sell  the  share  or  shares  of  such  delinquent  sub- 
scriber at  public  auction,  after  giving  due  notice  thereof,  to  the 
highest  bidder,  and  the  same  shall  be  transferred  to  the  purchaser. 
And  such  delinquent  subscriber  shall  be  held  accountable  to  the 
corporation  for  the  balance,  if  his  share  or  shares  shall  sell  for  less 
than  the  assessments  due  thereon  with  interest  and  costs  of  sale, 
and  he  shall  be  entitled  to  the  overplus,  if  his  share  or  shares  shall 
sell  for  more  than  the  assessments  due,  with  the  interest  and  costs  of 
sale.  Provided,  however,  that  no  assessments  shall  be  laid  upon 
any  share  in  said  corporation,  of  a  greater  amount  than  one  hun- 
dred dollars  in  the  whole  on  each  share.  And  if  a  greater  amount 
of  money  shall  be  necessary  to  complete  the  said  road,  it  shall  be 
raised  by  creating  new  shares,  giving  the  stockholders  in  said  cor- 
poration the  right  to  take  said  stock,  in  proportion  to  the  stock  by 
them  respectively  owned  in  said  corporation. 

Sect.  4.  That  the  said  corporation  shall  have  power  to  make, 
ordain,  and   establish   all  such   by-laws,  rules,  regulations,  and 
32* 


878  DOVER   AND    WINNIPISIOGEE    RAILROAD. 

ordinances,  as  they  shall  deem  expedient  and  necessary  to  accom- 
plish the  designs  and  purposes,  and  to  carry  into  effect  the  provis- 
ions of  this  Act,  and  for  the  well  ordering,  regulating,  and  secur- 
ing the  interests  and  affairs  of  the  corporation  :  23rovided,  the  same 
be  not  repugnant  to  the  constitution  and  laws  of  this  State. 

Sect.  5.  That  a  toll  be  and  hereby  is  granted  and  established 
for  the  sole  benefit  of  said  corporation,  upon  all  passengers  and 
property  of  every  description,  which  may  be  conveyed  or  trans- 
ported upon  said  road,  at  such  rates  per  mile  as  may  be  agreed 
upon  and  established  from  time  to  time  by  the  directors  of  said 
corporation.  The  transportation  of  persons  and  property,  the 
construction  of  wheels,  the  form  of  cars  and  carriages,  the  weight 
of  loads,  and  all  other  matters  and  things  in  relation  to  the  use  of 
said  road,  shall  be  in  conformity  to  such  rules,  regulations  and  pro- 
visions as  the  directors  shall  from  time  to  time  prescribe  and  direct, 
and  said  road  may  be  used  by  any  person  or  persons  who  shall 
comply  with  such  rules  and  regulations.  Provided,  that  if,  at  the 
expiration  of  five  years  from  and  after  the  completion  or  opening 
of  said  road  for  use,  the  net  income  or  receipts  from  tolls  and  other 
profits  shall  have  amounted  to  more  than  ten  per  cent,  per  annum 
upon  the  whole  cost  of  the  road  from  the  time  of  the  disburse- 
ments, the  legislature  of  this  State  may  take  measures  to  alter  and 
reduce  the  rate  of  tolls  and  other  profits  in  such  manner  as  to 
reduce  the  overplus  for  the  next  five  years,  calculating  the  amount 
of  transportation  upon  the  road  to  be  the  same  as  the  five  preced- 
ing years,  and  at  the  expiration  of  every  five  years  thereafter  the 
same  proceedings  may  be  had,  and  the  rate  of  tolls  may  be  raised 
in  case  the  net  receipts  shall  have  been  less  than  ten  per  cent,  dur- 
ing the  preceding  five  years. 

Sect.  6.  That  the  directors  of  said  corporation  for  the  time 
being  are  hereby  authorized  to  erect  toll-houses  and  houses  for  the 
deposite  of  merchandise,  establish  gates,  appoint  toll-gatherers,  and. 
demand  and  receive  toll  upon  the  road  when  completed,  and  upon 
such  parts  thereof  as  shall  from  time  to  time  be  completed ;  and 
they  shall  from  year  to  year  on  or  before  the  second  Wednesday 
of  June,  make  report  to  the  legislature,  under  oath,  of  their  acts 
and  doings,  receipts  and  expenditmes  under  the  provisions  of  this 
Act.  And  their  books  shall  at  all  times  be  open  to  the  inspection 
of  any  committee  of  the  legislature  appointed  for  that  purpose. 
And  if  said  corporation  shall  unreasonably  neglect  or  refuse  to 
make  such  report,  at  the  expiration  of  every  year  after  the  opening 


NEW    HAMPSHIRE.  379 

of  said  railroad,  for  every  such  neglect  or  refusal  they  shall  forfeit 
and  pay  to  the  use  of  this  State  a  sura  not  exceeding  five  thousand 
dollars,  to  be  recovered  by  action  or  indictment  in  any  court  of 
competent  jurisdiction. 

Sect.  7.  That  the  said  corporation  shall  be  holden  to  pay  all 
damages  that  may  arise  to  any  person  or  persons,  corporation  or 
corporations,  by  taking  their  land  or  other  property  for  said  rail- 
road ;  and  when  such  land  cannot  be  obtained  from  the  owners  by 
voluntary  agreement,  the  damages  occasioned  to  said  owner  by 
taking  such  land  and  other  property  for  the  purposes  aforesaid, 
shall  be  estimated  and  assessed  in  the  manner  prescribed  by  an 
Act  of  the  legislature  of  this  State,  approved  January  13,  1837, 
entitled,  "  An  Act  for  the  assessment  of  damages  for  land  taken 
for  Railroad  Corporations." 

Sect.  8.  That  when  the  lands  or  other  property  or  estate  of  any 
married  woman,  infant,  or  person  noii  compos  mefiiis,  shall  be 
necessary  for  the  construction  of  said  railroad,  the  husband  of  such 
married  woman,  and  the  guardian  of  such  infant,  or  person  non 
compos  mentis^  may  release  all  damages  in  relation  to  the  land  or 
other  property  or  estate  to  be  taken  and  appropriated  as  aforesaid, 
as  they  might  do  if  the  same  were  holden  by  them  in  their  own 
right  respectively. 

Sect.  9.  That  if  any  person  or  persons  shall  unlawfully,  wil- 
fully, and  maliciously  obstruct  the  passage  of  any  carriage  on  said 
railroad,  or  in  any  way  injure,  spoil  or  destroy  said  railroad,  or 
any  part  thereof,  or  shall  aid  or  assist  therein,  such  person  or 
persons  so  obstructing  the  passage  of  such  carriage,  or  so  injuring, 
spoiling,  or  destroying  said  railroad,  or  any  part  thereof,  or  so  aid- 
ing or  assisting  therein,  shall,  for  every  such  offence,  on  conviction 
thereof  before  any  court  of  competent  jurisdiction,  forfeit  and  pay 
a  fine  not  less  than  fifty  dollars,  nor  more  than  five  hundred  dol- 
lars, for  the  use  of  the  county  wherein  such  oflence  may  be  com- 
mitted, and  may  be  imprisoned  for  a  term  not  exceeding  one  year, 
at  the  discretion  of  the  court  before  whom  such  conviction  may  be 
had. 

Sect.  10.  That  the  annual  meeting  of  the  members  of  said  cor- 
poration shall  be  holden  on  the  first  Wednesday  of  October,  at 
such  place  as  the  directors  for  the  time  being  shall  appoint,  at 
which  said  meeting  five  directors  shall  be  chosen  by  ballot,  each 
proprietor  being  entitled  to  as  many  votes  as  he  holds  shares,  pro- 
vided they  do  not  amount  to  more  than  one  twentieth  of  the  whole 


380  DOVER   AND    WINNIPISIOGEE    RAILROAD. 

number  ;  and  the  three  persons  first  named  m  this  Act,  or  any  two  of 
them,  are  liereby  authorized  to  call  the  first  meeting  of  said  corpo- 
ration, by  giving  notice  in  two  newspapers  published  in  Dover  in 
said  county,  of  the  time,  place,  and  purpose  of  such  meeting,  at 
least  ten  days  before  the  time  mentioned  in  such  notice.  And  the 
directors  are  hereby  authorized  to  call  special  meetings  of  the  pro- 
prietors, giving  such  notice  thereof  as  the  proprietors  by  their  by- 
laws may  direct. 

Sect.  11.  That  if  the  said  railroad  in  the  course  thereof,  shall 
intersect  or  cross  any  private  way,  the  said  corporation  shall  so 
construct  said  railroad  as  not  to  obstruct  the  safe  and  convenient 
use  of  such  private  way ;  and  if  said  railroad  shall  not  be  so  con- 
structed, the  party  aggrieved  shall  be  entitled  to  his  action  on  the 
case  in  any  court  proper  to  try  the  same,  and  shall  recover  his 
reasonable  damages  for  such  injury  ;  and  if  the  said  railroad  shall, 
in  the  course  thereof  intersect  or  cross  any  canal,  turnpike,  or 
other  highway,  which  has  or  may  hereafter  be  laid  out  in  pursu- 
ance to  the  laws  of  this  State,  the  said  railroad  shall  be  so  con- 
structed as  not  to  impede  or  obstruct  the  safe  and  convenient  use 
of  such  canal,  turnpike,  or  other  highway.  And  the  said  corpora- 
tion shall  have  the  power  to  raise  or  lower  such  turnpike,  highway, 
or  private  way,  so  that  the  said  railroad,  if  necessary,  may  con- 
veniently pass  under  or  over  the  same,  and  if  said  corporation 
shall  raise  or  lower  any  such  turnpike,  highway,  or  private  way, 
pursuant  thereto,  and  shall  not  so  raise  or  lower  the  same  as  to  be 
satisfactory  to  the  proprietors  of  such  turnpike,  or  to  the  selectmen 
of  the  town  or  towns  in  which  said  highvv^ay  or  private  way  may 
be  situated,  as  the  case  may  be,  said  proprietors  or  selectmen  may 
require  in  writing  of  said  corporation,  such  alteration  or  amend- 
ment as  they  may  think  necessary.  And  if  the  required  amend- 
ment or  alteration  be  reasonable  and  proper,  in  the  written  opinion 
of  the  court  of  common  pleas  of  said  county,  and  if  the  corpora- 
tion shall  unnecessarily  and  unreasonably  neglect  to  make  the 
same,  such  proprietors  or  selectmen,  as  the  case  may  be,  may  pro- 
ceed to  make  such  alterations  or  amendments,  and  may  institute 
and  prosecute  to  final  judgment  and  execution  in  any  court  proper 
to  try  the  same,  any  action  of  the  case  against  said  corporation ; 
and  shall  therein  recover  a  reasonable  indemnity  in  damages,  for 
all  charges,  disbursements,  labor,  and  services  occasioned  by  mak- 
ing such  alterations  or  amendments,  with  costs  of  suit. 

Sect.  12.  That  no  other  railroad  than  the  one  hereby  granted 


NEW    HAMPSHIRE.  381 

shall  within  thirty  years  from  and  after  the  passing  of  this  Act, 
be  authorized  to  be  made  in  this  State,  commencing  within  five 
miles  of  the  commencement  or  termination  of  said  Dover  and  Win- 
nipisiogee  Railroad,  and  running  parallel  with  the  same  or  within 
five  miles  of  the  same  between  said  termini.  Provided,  the  State 
may  authorize  any  company  to  enter  with  another  railroad  at  any 
point  of  said  Dover  and  Winnipisiogee  Railroad,  paying  for  the 
right  to  use  the  same,  or  any  part  thereof,  such  rate  of  toll  as  the 
legislature  may  from  time  to  time  prescribe  ;  and  complying  with 
such  rules  and  regulations  as  may  be  established  by  said  Dover 
and  Winnipisiogee  Railroad  Corporation,  by  virtue  of  the  fifth 
section  of  this  Act.  Provided,  further,  that  it  shall  be  in  the 
power  of  this  State,  at  any  time  during  the  continuance  of  the 
charter  hereby  granted,  after  the  expiration  of  twenty  years  from 
the  opening  for  use  of  the  railroad  herein  provided  to  be  made,  to 
purchase  of  the  said  corporation  the  said  railroad,  and  all  the  fran- 
chise, property,  rights,  and  privileges  of  the  said  corporation,  on 
paying  therefor  the  amount  expended  in  making  said  railroad  and 
the  expenses  of  repairs,  and  all  other  expenses  relating  thereto, 
with  interest  thereon,  at  the  rate  of  ten  per  cent,  per  annum,  de- 
ducting all  sums  received  by  the  corporation  from  tolls  or  any 
other  source  of  profit,  and  interest,  at  the  rate  of  ten  per  cent,  per 
annum  thereon,  that  shall  have  been  received  by  the  stockholders ; 
and  after  such  purchase,  the  limitation  provided  in  this  section  shall 
end  and  be  of  no  effect. 

Sect.  13.  That  if  one  fourth  of  the  stock  shall  not  have  been 
subscribed  for,  the  company  organized,  and  location  of  the  route 
filed  in  the  office  of  the  secretary  of  this  State,  previous  to  the  first 
Wednesday  of  June,  in  the  year  eighteen  hundred  and  forty-one ; 
or  if  the  said  corporation,  previous  to  the  first  day  of  September, 
eighteen  hundred  and  forty-three,  shall  not  have  expended  and 
laid  out  the  sum  of  ten  thousand  dollars  towards  the  completion 
of  the  same,  in  either  case  this  Act  shall  be  void,  and  of  no  effect; 
otherwise  to  remain  in  full  force  fifty  years  after  the  passage  of 
this  Act,  or  until  the  State  shall  purchase  the  same  as  aforesaid. 

Sect.  14.  That  said  railroad  company  shall  constantly  main- 
tain in  good  repair  all  bridges,  with  their  abutments  and  embank- 
ments, which  they  may  construct  for  the  purpose  of  passing 
their  railroad  over  any  canal,  turnpike,  or  other  highway,  or  any 
private  way,  or  for  passing  such  private  way,  turnpike,  or  other 
highway  over  said  railroad,  and  in  default  thereof  shall  be  liable 


3S2      PORTLAND   AND    CONNECTICUT   RIVER  RAILROAD    COMPANY. 

in  an  action  on  the  case,  to  respond  in  damages  to  the  party  ag- 
grieved. 

Sect,  15.  That  nothing  in  this  Act  shall  be  so  construed  as  to 
affect  the  rights  of  any  raih'oad  corporation  heretofore  granted, 
and  that  the  legislature  may  at  any  time  hereafter  alter,  amend,  or 
modify  this  Act  or  any  of  its  provisions.     Apjjroved,  July  2,  1839. 


PORTLAND  AND  CONNECTICUT  RIVER  RAILROAD  COMPANY . 

INCORPORATED    IN   NEW    HAMPSHIRE    IN    1839. 
Chap.  20  of  the  Private  Acts  of  1839  contains  the  Charter. 

Sect.  1  grants  corporate  powers. 

Sect.  2  describes  the  location  of  the  route ;  authorizing  the  Company  to  lay  out  a 
road  six  rods  wide,  and  to  take  land  and  materials  for  its  construction. 

Sect.  3  authorizes  the  Company  to  hold  real  and  personal  estate,  for  the  purposes  of 
the  road,  to  the  amount  of  $500,000. 

Sect.  4  directs  the  mode  of  organizing  the  Company,  dividing  the  stock  into  shares, 
making  assessments  not  exceeding  $100  on  each  share,  appointing  officers,  and  hold- 
ing meetings ;  no  shareholder  shall  represent,  by  his  vote,  more  than  one  tenth 
of  the  whole  number  of  shares. 

Sect.  5  makes  the  shares  liable  for  assessments,  and  to  be  sold  for  that  purpose ; 
providing  for  an  increase  of  shares,  if  it  be  necessary  to  raise  more  than  $100  on 
each  share. 

Sect.  6  authorizes  husbands  of  married  women,  and  guardians  of  persons  incompe- 
tent to  contract,  to  release  their  claims  for  land  damages. 

Sect.  7  makes  the  corporation  liable  for  land  damages,  to  be  assessed  in  the  manner 
prescribed  by  the  Act  passed  June  13,  1837. 

Sect.  8  directs  the  mode  of  crossing  any  private  way,  highway,  canal  or  turnpike, 
giving  to  any  person  aggrieved,  or  the  selectmen  of  any  town,  the  right  to  com- 
mence an  action  on  the  case,  if  he  or  they  first  file  with  the  clerk  of  the  Corpora- 
tion a  written  statement  of  any  proposed  alteration,  limiting  the  right  to  com- 
mence said  action  to  one  year  therefrom. 

Sect.  9  compels  the  Company  to  maintain  in  good  repair  all  bridges,  with  their 
abutments  and  embankments,  and  in  default  thereof  makes  them  liable  for  damages, 
and  subject  to  indictment. 

Sect.  10  prohibits  any  other  railroad  from  being  granted,  within  thirty  years,  whose 
route  shall  be  parallel  with,  or  which  shall  be  a  substitute  for,  this  road ;  but 
authorizes  a  grant  to  another  railroad  to  meet  this  ;  it  also  requu'es  that  the  loca- 
tion be  filed  before  July  1,  1850 ;  that  $4000  be  expended  within  ten  years,  and 
the  road  completed  for  transportation  within  fifteen  years  from  this  date,  —  other- 
wise this  Act  shall  be  void. 

Sect.  1 1  imposes  a  penalty  upon,  and  makes  liable  to  indictment,  any  person  injur- 
ing or  obstructing  the  road. 


NEW  HAMPSHIRE.  383 

Sect.  12  reserves  to  the  Legislature  the  right  to  reduce  the  rates  of  toll,  after  the 
expiration  of  five  years,  if  the  net  income  thereof  shall  have  exceeded  10  per 
cent,  per  annum  on  the  cost  of  the  road ;  it  also  reserves  to  the  State  the  power  to 
purchase  the  franchise  and  property  of  the  Corporation,  after  twenty  years,  by 
paying  the  amount  of  its  capital,  and  such  further  sum  as  shall  make  theii-  net 
income  equal  to  10  per  cent,  per  annum  upon  the  cost  of  the  road. 

Sect.  13  authorizes  the  Company  to  lease  the  right,  entire  or  in  part,  to  use  this 
road,  to  any  person  or  corporation. 

Sect.  14  reserves  to  the  Legislature  the  right  to  alter  or  modify  this  Act. 


Laws  of  1839,  Chap.  20. 
An  Act  to  incorporate  the  Portland  and  Connecticut  River  Railroad  Corporation. 

Sect.  1.  Be  it  enacted^  ^'c.  That  John  H.  White,  Frederick  G. 
Messer,  Royal  Joyslin,  James  B.  Sumner,  Robert  Ingalis,  Moses 
P.  Little,  Benjamin  Stephenson,  Hiram  A.  Fletcher,  Joshua  Mar- 
shall, Richard  P.  Kent,  John  Pendexter,  Adino  N.  Brackett, 
Charles  Bellows,  Daniel  Green,  Thomas  Carlisle,  Reuben  Ste- 
phenson, John  Wilson,  Joseph  C.  Cady,  George  A.  Cossitt,  Press 
West,  Harvey  Adams,  and  their  associates,  successors  and  assigns, 
be  and  hereby  are  constituted  and  made  a  corporation,  by  the  name 
of  the  Portland  and  Connecticut  River  Railroad  Corporation  ;  and 
by  that  name  may  sue  and  be  sued,  prosecute  and  defend  to  final 
judgment  and  execution,  and  may  have  and  use  a  common  seal, 
and  the  same  may  alter  and  renew  at  pleasure ;  and  may  also  make, 
ordain,  and  put  in  execution  all  such  by-laws  and  regulations,  not 
being  contrary  to  the  constitution  and  laws  of  this  State,  as  shall 
be  necessary,  proper  and  convenient  for  the  government  of  said 
corporation,  the  due  management  of  its  concerns,  and  the  preserva- 
tion and  proper  use  of  said  railroad  ;  and  shall  be  and  hereby  are 
vested  with  all  the  powers  and  privileges,  and  subject  to  all  the 
liabilities  which  by  law  are  incident  to  corporations  of  a  similar 
nature. 

Sect.  2.  That  said  corporation  be  and  hereby  is  empowered  to 
locate,  construct  and  keep  in  repair  a  railroad  from  any  point  in  the 
easterly  line  of  the  State  of  New  Hampshire,  between  the  towns  of 
Haverhill  in  the  county  of  Grafton,  and  Colebrook  in  the  county 
of  Coos,  thence  running  westerly  to  the  west  line  of  said  State  of 
New  Hampshire,  to  some  convenient  place  between  said  towns  of 
Haverhill  and  Colebrook,  in  such  manner  as  they  shall  deem  most 
expedient,  and  to  take  toll  for  all  passengers  and  property  of  all 


384     PORTLAND   AND    CONNECTICUT  RIVER  RAILROAD    COMPANY. 

descriptions  conveyed  upon  the  same  or  any  part  thereof;  and  for 
this  purpose  may  lay  out  said  raih'oad,  not  exceeding  six  rods 
wide,  and  may  take  as  much  more  land  as  may  be  necessary,  not 
exceeding  four  rods  in  width,  in  addition  to  said  six  rods,  for  suit- 
ably constructing  embankments  and  excavations,  and  building 
bridges,  for  the  proper  construction  of  said  railroad  ;  and  the  trans- 
portation of  persons  and  property,  the  construction  of  wheels,  the 
form  of  cars  and  carriages,  the  weight  of  loads,  and  all  other  mat- 
ters and  things  in  relation  to  the  use  of  said  road,  shall  be  in  con- 
formity to  such  rules,  regulations  and  provisions  as  the  directors 
shall  from  time  to  time  prescribe  and  direct. 

Sect.  3.  That  said  corporation  be  and  is  hereby  authorized  for 
the  purposes  aforesaid,  to  purchase,  take,  hold,  improve  and  con- 
vey real  and  personal  estate  of  every  kind,  and  to  erect  thereon 
such  depots,  storehouses,  toll  houses,  and  other  buildings  as  they 
may  think  expedient,  to  such  amount  as  they  may  find  sufficient 
for  the  completion  of  said  railroad  and  the  management  of  its  con- 
cerns. Provided,  said  amount  shall  not  exceed  five  hundred  thou- 
sand dollars. 

Sect.  4.  That  the  said  John  H.  White,  Frederick  G.  Messer, 
and  Royal  Joyslin,  or  any  two  of  them,  may  call  the  first  meeting 
of  said  corporation,  by  giving  to  each  of  the  members  seven  days' 
previous  notice,  at  which  meeting  a  clerk  shall  be  chosen,  who  shall 
be  sworn  to  the  faithful  discharge  of  the  duties  of  his  office,  and 
it  shall  be  his  duty  to  record  the  doings  and  proceedings  of  said 
corporation,  and  to  perform  such  other  services  as  the  by-laws  of 
said  corporation  may  require.  And  at  the  same  or  any  subsequent 
meeting,  duly  holden,  the  members  of  said  corporation  may  pre- 
scribe the  time  and  manner  of  calling,  holding,  and  managing 
future  meetings ;  may  divide  the  capital  stock,  or  such  portion 
thereof  as  they  may  deem  sufficient  for  the  time  being,  into  shares, 
and  prescribe  the  mode  in  which  the  same  shall  be  holden  and 
transferred  ;  may  make  or  provide  for  the  making  of  assessments 
on  said  shares,  from  time  to  lime  as  occasion  may  require,  pro- 
vided that  assessments  shall  not  exceed,  in  the  whole,  the  sum  of 
one  hundred  dollars  on  each  share,  and  fix  the  time  and  mode  of 
payment ;  may  appoint  and  constitute  such  officers,  servants,  or 
agents  of  the  said  corporation  as  they  shall  think  expedient,  and 
prescribe  their  respective  duties  and  powers  ;  and  may  do  or  trans- 
act any  other  matter  or  thing  relating  to  the  property,  business  or 
concerns  of  said  corporation.     And  each  member  shall  be  entitled 


NEW  HAMPSHIRE.  385 

to  one  vote  to  each  share  he  owns  or  holds  in  said  corporation,  and 
absent  members  may  be  represented  and  vote  by  proxy,  authorized 
thereto  by  writing  filed  with  the  clerk  of  said  corporation;  and  all 
questions  shall  be  decided  by  a  majority  of  votes  cast.  Provided^ 
that  no  vote  shall  be  given  by  any  proprietor  for  any  share  owned 
or  held  by  him,  exceeding  one-tenth  of  the  whole  number  of 
shares. 

Sect.  5.  That  the  shares  aforesaid  shall  be  liable  and  holden  for 
the  payment  of  all  assessments  legally  made  thereon ;  and  in  case 
of  the  neglect  or  refusal  of  any  member  to  pay  the  assessment  or 
assessments  on  his  share  or  shares,  the  same  or  so  many  of  them 
as  may  be  sufficient  to  pay  the  amount  of  such  assessments,  with 
interest  and  expenses  of  sale,  may  be  sold  and  transferred  for  the 
payment  of  the  same,  in  such  manner  as  may  be  prescribed  by  the 
by-laws  of  said  corporation.  Provided^  that  if  it  be  necessary  to 
raise  a  sum  exceeding  one  hundred  dollars  on  each  share,  the  same 
shall  be  done  by  creating  new  shares. 

Sect.  6.  That  when  the  lands,  or  other  property  of  any  feme 
covert,  infant,  spendthrift,  or  person  non  compos  mentis,  shall  be 
necessary  for  the  construction  of  said  railroad,  the  husband  of  such 
feme  covert,  or  the  guardian  of  such  infant,  spendthrift,  or  person 
non  compos  mentis,  may  release  all  damages  for  any  land  or  pro- 
perty taken  and  appropriated  as  aforesaid,  as  fully  as  they  might 
do  if  the  same  were  holden  in  their  own  rights  respectively. 

Sect.  7.  That  said  corporation  shall  be  holden  to  pay  all  dama- 
ges, arising  to  any  person  or  corporation  by  taking  their  land  for 
said  railroad,  when  it  cannot  be  obtained  by  voluntary  agree- 
ment, on  petition  to  the  court  of  common  pleas,  in  the  mode  pro- 
vided by  an  Act  entitled  "An  Act  providing  for  the  assessment  of 
damages  for  land  taken  for  Railroad  Corporations,"  approved,  Jan- 
uary 13,  1837. 

Sect.  8.  That  said  corporation  be. and  hereby  is  authorized  to 
cross  any  canal,  or  to  cross,  raise,  lower  or  run  along  any  turn- 
pike, highway,  or  other  way ;  provided  that  said  railroad  shall  be 
so  constructed  as  not  to  obstruct  the  safe  and  convenient  use  of  the 
same  ;  and  if  said  railroad  shall  not  be  so  constructed,  the  propri- 
etors of  such  canal  or  turnpike,  the  owner  of  such  private  way,  or 
the  selectmen  of  the  town  in  which  such  highway  may  be  situated, 
as  the  case  may  be,  shall  be  entitled  to  an  action  on  the  case 
against  said  corporation,  and  may  recover  reasonable  damages. 
Provided,  hoicever,   That  the  proprietors,   owners,  or  selectmen 

33 


386       PORTLAND   AND    CONNECTICUT   RIVER   RAILROAD    COMPANY. 

aforesaid,  as  the  case  may  be,  shall,  before  action  brought,  file 
with  the  clerk  of  said  corporation  a  particular  description,  in  writ- 
ing, signed  by  them,  of  all  such  alterations  as  they  may  deem 
necessary,  and  shall  specify  therein  and  allow  a  reasonable  time 
to  said  corporation  for  making  said  alterations.  And  provided  fur- 
ther, That  no  action  shall  be  sustained  as  aforesaid  miless  brought 
within  one  year  after  the  time  allowed  for  making  such  alterations 
shall  have  expired. 

Sect.  9.  That  said  corporation  shall  substantially  construct  and 
keep  in  good  repair,  all  bridges,  abutments,  foundations,  walls  and 
embankments,  which  may  be  necessary  for  safely  and  conveniently 
crossing  any  canal,  or  crossing,  passing  over,  under  or  along  any 
turnpike,  highway,  or  other  way :  and  when  any  public  highway 
shall  hereafter  be  laid  out  by  the  selectmen  of  any  town,  or  by 
order  of  the  court  of  common  pleas,  across  said  railroad,  said  cor- 
poration, being  thereto  required  in  writing  by  the  selectmen  of  the 
town  where  such  highway  may  cross  said  railroad,  shall  make 
such  alterations  in  said  railroad  as  may  be  necessary  to  the  proper 
construction  of  said  highway  and  the  convenient  and  safe  use 
thereof,  and  the  same  constantly  maintain  and  keep  in  repair ;  and 
in  default  thereof  shall  be  liable  in  damages  to  the  party  injured, 
and  also  to  prosecution  by  indictment  and  fine,  to  the  use  of  the 
county  wherein  such  default  may  take  place,  at  the  discretion  of 
the  court  before  whom  the  same  may  be  tried. 

Sect.  10.  That  no  other  railroad  shall  be  granted,  within  thirty 
years  from  the  completion  of  the  railroad  granted  in  this  Act,  run- 
ning parallel  with,  or  which  is  a  substitute  for  the  same,  or  any 
part  thereof,  within  five  miles  of  the  same.  Provided,  however, 
that  any  railroad  may  be  granted  running  to  meet  the  railroad 
granted  in  this  Act  at  its  termination,  any  thing  herein  contained 
to  the  contrary  notwithstanding  :  And  provided  further,  that  if 
the  location  of  said  railroad  be  not  filed  with  the  secretary  of  state, 
on  or  befare  the  first  day  of  July,  in  the  year  of  our  Lord  one  thou- 
sand eight  hundred  and  fifty,  or  if  said  railroad  shall  not  be  com- 
menced, and  the  sum  of  four  thousand  dollars  have  been  laid  out 
and  expended  on  the  same,  within  ten  years  from  and  after  the 
passage  of  this  Act,  or  if  the  same  shall  not  be  completed,  so  that 
passengers  and  property  may  and  shall  be  conveyed  on  the  same, 
within  fifteen  years  from  this  time,  then  this  Act  shall  be  null  and 
void. 

Sect.  U.  That  if  any  person  shall  wilfully,  maliciously,  or  wan- 


NEW  HAMPSHIRE.  387 

tonly,  and  contrary  to  law,  obstruct  the  passage  of  any  engine  or 
carriage  upon  said  railroad,  or  in  any  way  injure  or  destroy  said 
railroad,  or  any  part  thereof,  he,  she,  or  they,  or  any  person  aid- 
ing or  abetting  in  such  trespass,  shall  forfeit  and  pay  to  said  cor- 
poration, for  every  such  offence,  treble  such  damages  as  shall  be 
proved,  to  be  sued  for  and  recovered  before  any  court  proper  to 
try  the  same.  And  such  offender  shall  be  liable  to  indictment,  by 
the  grand  inquest  for  the  county  in  which  such  trespass  shall  have 
been  committed,  for  any  offence  aforesaid,  and  on  conviction 
thereof  shall  pay  a  fine  not  exceeding  five  hundred  dollars,  nor  less 
than  thirty  dollars,  for  the  use  of  said  county,  or  may  be  impris- 
oned for  a  term  not  exceeding  one  year,  at  the  discretion  of  the 
court  before  whom  such  conviction  may  be  had. 

Sect.  12.  That  if  after  the  expiration  of  five  years  from  and 
after  the  completion  of  said  road,  the  net  income  or  receipts  from 
tolls  and  other  profits,  taking  the  five  years  aforesaid  as  the  basis  of 
calculation,  shall  have  amounted  to  more  than  10  per  cent,  per 
annum  upon  the  cost  of  the  road,  the  repairs  and  all  expenses  inci- 
dent thereto,  the  legislature  may  take  measures  to  alter  and  reduce 
the  rate  of  tolls  and  other  profits,  in  such  manner  as  to  take  off 
the  overplus  for  the  next  five  years,  calculating  the  amount  of 
transportation  upon  the  road  to  be  the  same  as  the  five  preceding 
years ;  and  at  the  expiration  of  every  five  years  thereafter,  the 
same  proceedings  may  be  had.  Provided,  that  it  shall  be  in  the 
power  of  the  State,  at  any  time  during  the  continuance  of  the  char- 
ter hereby  granted,  after  the  expiration  of  twenty  years  from  the 
opening  for  use  of  the  railroad  herein  provided  to  be  made,  to  pur- 
chase of  the  said  corporation  the  said  railroad,  and  all  the  fran- 
chise, property,  rights  and  privileges  of  said  corporation,  by  pay- 
ing to  said  corporation  a  sum  equal  in  amount  to  their  capital 
expended,  with  such  further  sum,  after  deducting  the  net  income 
by  them  received,  as  shall  make  their  net  income  equal  to  10  per 
cent,  on  said  capital  annually. 

Sect.  13.  That  said  corporation  be  and  they  hereby  are  author- 
ized and  empowered  to  lease  a  part  or  the  entire  right  to  use  said 
railroad  by  locomotives,  cars,  carriages  and  engines,  to  such  per- 
son or  persons  or  corporation,  and  upon  such  terms  as  they  may 
deem  proper. 

Sect.  14.  That  the  legislature  of  this  State  may  at  any  time 
hereafter,  amend  or  modify  this  Act,  or  any  of  its  provisions.  Ajt- 
jiroved,  July  2,  1839. 


388      GREAT    FALLS    AND    SOUTH    BERWICK    BRANCH    RAILROAD. 


THE  GREAT  FALLS  AND  SOUTH  BERWICK  BRANCH  RAILROAD, 

IN  MAINE. 

Chapter  8  of  the  Private  Acts  o/"  18-il  contains  An  Act  authorizing  this  railroad  to  cross 

Salmon  Falls  River. 

Sect.  1  empowers  said  Company  to  cross,  with  tteir  railroad,  Salmon  Falls  River, 
from  Berwick,  in  Maine,  near  Great  Falls  in  Somersworth ;  also  to  purchase  and 
hold  real  estate  in  or  near  Great  Falls,  for  a  depot  and  track  for  said  railroad  ;  but 
they  shall  not  take  private  property,  without  the  owner's  consent. 

Sect.  2  authorizes  said  Branch  Railroad  to  connect  with  any  railroad  in  Somers- 
worth. 

Sect.  3  provides  that  nothing  herein  shall  affect  the  existing  rights  of  any  railroad 
corporation ;  and  that  the  legislature  may  alter  or  amend  this  Act. 


Laws  of  1841,  Chap.  8. 

An  Act  to  enable  the  Great  Falls  and  South  Berwick  Branch  Railroad  to  cross 
Salmon  Falls  River,  and  to  connect  with  any  other  railroad  in  the  town  of  Som- 
ersworth. 

Sect.  1.  Be  it  enacted^  &j'c.  That  the  Great  Falls  and  South 
Berwick  Branch  Railroad  be,  and  they  hereby  are  authorized  and 
empowered  to  cross  with  their  railroad  the  Salmon  Falls  River 
from  Berwick  in  the  State  of  Maine,  near  Great  Falls  in  the  town 
of  Somersworth  ;  and  they  hereby  are  authorized  and  empowered 
to  purchase  and  to  hold  such  and  so  much  real  estate  in  or  near 
the  village  of  Great  Falls  for  a  depot  and  a  track  for  said  railroad, 
from  said  depot  to  said  branch  railroad,  at  the  dividing  line 
between  said  Berwick  and  said  town  of  Somersworth,  as  may  be 
necessary  for  these  purposes.  Provided.  That  nothing  herein  con- 
tained shall  be  so  construed,  as  to  authorize  said  railroad  to  take 
or  occupy  any  private  property  without  the  consent  of  the  owner 
thereof 

Sect.  2.  That  said  Branch  Railroad  be,  and  they  hereby  are 
authorized  and  empowered,  to  connect  said  Branch  Railroad  with 
any  railroad,  which  is  or  hereafter  may  be  established  or  located 
in  said  town  of  Somersworth. 

Sect.  3.  That  nothing  in  this  Act  shall  be  so  construed  as  to 
affect  the  rights  of  any  railroad  corporation  heretofore  granted, 
and  that  the  legislature  may  at  any  time  hereafter,  alter,  amend, 
or  modify  this  Act  or  any  of  its  provisions.    Approved,  July  3, 1841. 


NEW  HAMPSHIRE.  389 

NORTHERN  RAILROAD   COMPANY. 
INCORPORATED    IN    NEW    HAMPSHIRE    IN    1844. 

Chapter  111  of  the  Lmos  of  1844  contains  the  Charter. 

Sect.  1  grants  corporate  powers,  and  describes  the  location  of  the  route ;  it  author- 
izes the  Company  to  lay  out  a  road  six  rods  wide,  and  take  land  and  materials  for 
its  construction,  being  liable,  however,  to  damages  occasioned  thereby. 

Sect.  2  limits  the  capital  stock  to  7000  shares,  and  vests  the  government  of  the  Cor- 
poration in  seven  Directors,  a  majority  of  whom  shall  constitute  a  quorum,  and 
who  shall  choose  their  officers,  a  treasurer  and  clerk. 

Sect.  3  defines  the  powers  and  duties  of  the  President  and  Directors ;  giving  them 
authority  to  sell  the  shares  of  any  subscriber  who  shall  fail  to  pay  assessments, 
after  sixty  days'  notice,  and  making  him  liable  for  any  deficiency  remaining  after 
such  sale;  it  limits  the  assessments  to  $100  on  each  share,  and  authorizes,  if 
necessary,  an  increase  of  shares,  to  be  distributed  among  the  original  stockholders. 

Sect.  4  gives  to  the  Corporation  power  to  make  by-laws  and  regulations  not  repug- 
nant to  the  laws  of  the  State. 

Sect.  5  grants  to  the  Corporation  a  toll  for  the  transportation  of  passengers  and 
freight,  reservmg,  however,  to  the  Legislature  after  the  expiration  of  five  years, 
the  right  to  reduce  the  rates  of  toll,  if  the  net  income  therefrom  shall  have  ex- 
ceeded 8  per  cent  on  the  cost  of  the  road,  and  so  after  each  five  years. 

Sect.  6  authorizes  the  Directors  to  erect  toll  houses  and  collect  toll. 

Sect.  7  appoints  the  time  of  the  annual  meeting. 

Sect.  8  directs  the  manner  of  crossing  any  private  way,  and  entitles  any  person 
aggrieved  to  any  action  on  the  case  for  his  damages. 

Sect.  9  provides  that  if  said  Company  be  not  organized,  one  fourth  part  of  the  stock 
subscribed  for,  and  the  location  of  the  route  filed  before  June  1,  1846,  or  $6000 
expended  before  September  1, 1846,  or  one  fourth  part  of  the  road  completed  before 
December  1,  1848,  then  this  Act  shall  be  void ;  it  authorizes  a  deviation,  if  neces- 
sary, to  the  distance  of  one  mile,  from  the  location  in  the  charter. 

Sect.  10  requires  that  the  Company  shaU  keep  in  good  repair  all  bridges ;  in 
default  thereof  being  liable  for  damages,  in  an  action  of  the  case. 

Sect.  11  empowers  the  Company  to  erect  bridges  across  the  Merrimac  and  Con- 
necticut Rivers,  provided  they  do  not  impede  the  navigation. 

Sect.  12  requires  the  Directors  to  make  an  annual  Report  at  a  certain  time,  and  keep 
books  open  to  the  inspection  of  a  committee  of  the  Legislature,  and  for  refusal  or 
neglect  to  do  the  latter,  imposes  a  penalty. 

Sect.  13  provides  that  the  State  may,  after  twenty  years  from  the  completion  of  the 
road,  piu-chase  the  franchise  and  property  of  the  Company,  by  payiag  the  amount 
of  its  cost  and  such  further  sum  as  with  the  net  income  of  the  road  shaU  equal 
8  per  cent,  per  annum  thereon,  from  the  time  of  payment  by  the  stockholders  to 
the  time  of  purchase. 

Sect.  14  makes  this  Act  subject  to  the  laws  of  the  State  respecting  corporations  and 
railroads. 

Sect.  15  reserves  to  the  Legislature  power  to  amend  or  repeal  this  Act. 

33* 


390  NORTHERN   RAILROAD    COMPANY. 


Chapter  190  of  the  Private  Acts  of  1844  contains  the  Charter. 

Sect.  1  grants  corporate  powers,  Kmiting  the  amount  of  real  estate  to  be  held  ex- 
clusive of  that  -within  the  limits  of  the  road  and  for  purposes  of  construction,  to 
o  per  cent,  on  the  capital  stock. 

Sect.  2  describes  the  route,  authorizes  them  to  build  bridges  across  the  Connecticut, 
ilerrimac  or  Pemigewasset  Eivers,  so  as  not  to  impede  navigation,  and  requires 
them  to  keep  such  bridges  in  repair,  and  provide  suitable  engines,  and  cars,  and 
run  them  each  way  at  least  once  a  day,  Sundays  excepted. 

Sect.  3  divides  the  capital  stock  into  15,000  shares,  vests  the  government  in  seven 
Directors,  a  majority  of  whom  shall  constitute  a  quorum,  and  provides  for  the 
choice  of  officers. 

Sect.  4  grants  a  toll  to  the  Corporation,  provided  they  pay,  each  year,  the  excess,  if 
any,  of  the  net  receipts  over  10  per  cent,  on  the  capital  stock,  into  the  State 
Treasury. 

Sect.  5  defines  the  powers  and  duties  of  the  officers,  authorizes  making  equal  assess- 
ments to  the  extent  of  $100  on  each  share,  a  sale  of  shares  for  nonpayment  thereof, 
after  notice,  and  making  new  shares,  if  necessary,  to  be  distributed  proportion- 
allj'  among  the  original  stockholders. 

Sect.  6  establishes  the  mode  of  crossing  any  private  way,  highway,  or  canal,  giving 
any  party  aggrieved  a  right  of  action,  to  be  commenced  witliin  two  years  from  the 
time  of  the  obstruction ;  it  requii-es  that  they  make  alterations  necessary  in  the 
opinion  of  the  County  Commissioners,  in  crossing  highways,  or  turnpikes,  at  the 
request  of  the  Selectmen  of  any  town  or  proprietors  of  any  turnpike,  in  neglect 
or  refusal  of  which  they  shall  be  liable  to  an  action  for  damages  ;  and  that  they 
erect  and  maintain  a  bridge  over,  or  gates  on  each  side  of,  a  highway  which  they 
cross  or  intersect,  and  all  other  bridges ;  in  default  thereof  being  liable  in  damages. 

Sect.  7  provides  that,  unless  one  hah'  of  the  capital  stock  be  subscribed  for,  and  the 
Company  organized  before  December  1,  1848,  and  $100,000  be  expended  before 
December  1,  1849,  this  Act  shall  be  null  and  void;  and  that  it  shall  be  null  and 
void  as  to  every  part  not  constructed  and  ready  for  use  before  December  1,  1852. 

Sect.  8  appoints  the  time  of  the  annual  meeting,  and  the  manner  of  choosing  Direct- 
ors, authorizes  special  meetings  to  be  called,  if  necessary,  and  directs  the  manner 
of  organizing  the  Company. 

Sect.  9  provides  that  the  expenses  heretofore  incurred  and  to  be  incurred  in  procur- 
ing this  Act  shall,  being  first  audited  by  the  Directors,  constitute  a  charge  against 
the  Corporation. 

Sect.  10  subjects  this  Act  to  the  provisions  of  the  Revised  Statutes. 

Sect.  11  reserves  to  the  Legislature  the  right  to  alter  or  repeal  this  Act,  after  notice. 

Sect.  12  repeals  the  Act  passed  at  the  last  session  entitled  "  an  Act  to  incorporate 
the  Northern  Railroad  Company." 

Sect.  13  enacts  that  this  Act  shall  take  effect  from  its  passage. 

Chapter  777  of  the  Private  Acts  of  1848  contains  an  Act  authorizing  this  Company  to 
unite  icith  the  Franklin  and  Bristol  Railroad.  —  {Vide  Charter  of  the  Franklin  a7id 
Bristol  Railroad.) 


NEW    HAMPSHIRE.  391 

Private  Acts  op  1844,  Chap.  111. 

An  Act  to  incorporate  the  Northern  Railroad  Company. 

Sect.  1.  Be  it  enacted,  c^'c  That  Halsey  R.  Stevens,  Amos  A. 
Brewster,  James  Willis,  Timothy  Kenrick,  Elijah  Blaisdell,  Ros- 
well  Startwell,  Joseph  C.  Thompson,  Converse  Goodhue,  Uriah 
Amsden,  George  W.  Nesmith,  Caleb  Merrill,  James  Colburn, 
Stephen  Kenrick,  Dearborn  Sanborn,  and  their  associates,  succes- 
sors, and  assigns,  be  and  they  are  hereby  made  a  body  politic  and 
corporate,  under  the  name  of  the  Northern  Railroad  Company;  and 
by  that  name  shall  be,  and  hereby  are  made  capable,  in  law,  to  sue 
and  be  sued  to  final  judgment  and  execution ;  plead  and  be  im- 
pleaded, defend  and  be  defended,  in  any  court  of  record  or  in  any 
other  place  whatever  ;  to  make,  have  and  use  a  common  seal  —  the 
same  to  break,  renew  or  alter  at  pleasure ;  and  shall  be,  and  here- 
by are  vested  with  all  the  powers,  privileges,  and  immunities, 
which  are  or  may  be  necessary,  to  carry  into  effect  the  purposes 
and  objects  of  this  Act  as  hereinafter  set  forth,  and  subject  to  all 
the  liabilities  incident  to  corporations  of  a  similar  nature.  And 
for  the  better  accommodation  of  the  public  travel,  and  the  more 
easy  transportation  of  all  persons,  goods,  and  merchandise,  which 
may  be  offered  for  transportation  on  said  railroad,  the  said  com- 
pany are  hereby  authorized  and  empowered  to  locate,  construct,  and 
finally  to  complete  a  railroad  —  beginning  at  any  point  in  the  towns 
of  Concord  or  Bow,  so  as  to  enter  on  the  Concord  Railroad,  pay- 
ing for  the  right  to  use  the  same  or  any  part  thereof,  such  a  rate 
of  toll  as  the  legislature  may  from  time  to  time  prescribe,  and 
complying  with  such  rules  and  regulations  as  may  be  established 
by  said  Concord  Railroad  Corporation  ;  and  thence  running  north- 
erly to  the  east  or  west  bank  of  the  Connecticut  River,  at  some 
point  in  the  towns  of  Haverhill  or  Charlestown,  or  betwixt  the 
same  on  said  Connecticut  River,  on  such  route  as  shall  be  deemed 
most  expedient.  And  for  this  purpose,  the  said  company  are  au- 
thorized to  lay  out  their  road,  not  exceeding  six  rods  wide,  through 
the  whole  length ;  and  for  the  purpose  of  cuttings,  and  embank- 
ments, may  take  as  much  more  land  as  may  be  necessary  for  the 
proper  slope  of  the  same  in  the  construction  of  said  road ;  provi- 
ded however,  that  all  damages  that  may  be  occasioned  to  any  per- 
son or  persons,  corporation  or  corporations,  by  taking  such  land  for 


392  NORTHERN   RAILROAD    COMPANY. 

the  purposes  aforesaid,  shall  be  paid  by  said  company  in  the  man- 
ner hereinafter  provided,  prior  to  their  entering  thereon,  except  for 
the  purpose  of  surveying  said  route. 

Sect.  2.  The  capital  stock  of  said  company  shall  consist  of 
eight  thousand  shares;  and  the  immediate  government  and  direc- 
tion of  the  affairs  of  said  company  shall  be  vested  in  seven  direct- 
ors, who  shall  be  chosen  by  the  members  of  the  company,  and 
shall  hold  their  offices  until  others  shall  be  duly  elected  and  quali- 
fied to  take  their  places  as  directors.  And  the  said  directors,  a 
majority  of  whom  shall  form  a  quorum  for  the  transaction  of  busi- 
ness, shall  elect  one  of  their  own  number  to  be  president  of  the 
board,  who  shall  also  be  president  of  the  company,  and  shall  have 
authority  to  choose  a  clerk,  who  shall  be  sworn  to  the  faithful  dis- 
charge of  his  duty,  and  who  shall  also  be  clerk  of  the  company, 
unless  the  company  shall  elect  some  other  person  to  that  office ;  a 
treasurer  who  shall  give  bonds  to  the  company,  with  sureties  to 
the  satisfaction  of  the  directors,  in  a  sum  not  less  than  twenty 
thousand  dollars,  for  the  faithful  discharge  of  his  trust ;  also  all 
other  such  agents  as  shall  from  time  to  time  be  necessary. 

Sect.  3.  That  the  president  and  directors  for  the  time  being  are 
authorized  and  empowered,  by  themselves  or  their  agents,  to  exer- 
cise all  the  powers  herein  granted  to  the  company,  for  the  purpose 
of  locating,  constructing,  and  completing  said  railroad,  and  for  [the] 
transporting  and  carrying  of  persons,  goods,  and  merchandise  there- 
on ;  and  all  such  other  powers  and  authority  for  the  management 
of  the  affairs  of  the  company,  not  heretofore  granted,  as  may  be 
necessary  and  proper  to  carry  into  effect  the  object  of  this  grant; 
and  to  purchase  and  hold  in  fee-simple  all  such  lands,  as  may  be 
necessary  for  the  location  and  construction  of  said  road,  and  the 
erection  of  suitable  buildings  therefor ;  and  to  purchase  materials, 
engmes,  cars,  and  other  necessary  things  in  the  name  of  the  com- 
pany for  the  use  of  said  road,  and  for  the  transportation  of  persons, 
goods,  and  merchandise ;    to  make  such  equal  assessments  from 
time  to  time  on  all  the  shares  in  said  company,  as  they  may  deem 
expedient  and  necessary  in  the  execution  and  progress  of  the  work, 
and  direct  the  same  to  be  paid  to  the  treasurer  of  the  company; 
and  the  treasurer  shall  give  notice  of  such  assessment.     And  in 
case  any  subscriber  for  stock  shall  neglect  to  pay  his  assessment, 
for  the  space  of  sixty  days  after  due  notice  by  the  treasurer  of  said 
company,  the  directors  may  order  the  treasurer  to  sell  the  share  or 
shares  of  such  delinquent  subscriber,  at  public  auction,  after  due 


NEW    HAMPSHIRE.  893 

notice  thereof,  to  the  highest  bidder,  and  the  same  shall  be  trans- 
ferred to  the  purchaser;  and  such  dehnquent  subscriber  shall  be 
held  accountable  to  the  company  for  the  balance,  if  his  share  or 
shares  shall  sell  for  less  than  the  assessments  due  thereon,  with  in- 
terest and  cost  of  sale,  and  shall  be  entitled  to  the  overplus  if  any 
there  be  ;  provided^  howevei^  that  no  assessment  shall  he  laid  upon 
any  share  in  said  company  of  a  greater  amount  than  one  hun- 
dred dollars,  in  the  whole,  on  each  share.  And  if  a  greater  amount 
of  money  shall  be  necessary  to  complete  said  road,  it  shall  be 
raised  by  creating  new  shares,  giving  to  the  stockholders  in  said 
corporation  the  right  to  take  stock,  in  proportion  to  the  stock  by 
them  respectively  owned  in  said  company. 

Sect.  4.  The  said  company  shall  have  power  to  make,  ordain, 
and  establish  all  such  by-laws,  rules,  regulations  and  ordinances, 
as  they  shall  deem  expedient  and  necessary  to  accomplish  the  de- 
signs and  purposes,  and  to  carry  into  eifect  the  provisions  of  this 
Act,  and  for  the  well-ordering,  regulating,  and  securing  the  inter- 
ests and  affairs  of  the  company  ;  provided  the  same  be  not  repug- 
nant to  the  constitution  and  laws  of  this  State. 

Sect.  5.  That  a  toll  be,  and  is  hereby  granted  and  established 
for  the  use  of  said  road,  upon  all  passengers  and  property  of  every 
description,  which  may  be  conveyed  or  transported  upon  said  road, 
at  such  rates  per  mile  as  may  be  agreed  upon  and  established  from 
time  to  time  by  the  directors  of  said  company:  the  transportation 
of  persons  and  property,  the  construction  of  wheels,  the  form  of 
cars  and  carriages,  the  weight  of  loads,  the  times  and  periods  of 
starting,  and  rates  of  travel  on  the  same,  and  all  other  matters  and 
things  in  relation  to  the  use  of  said  road,  shall  be  in  conformity  to 
such  rules,  regulations,  and  provisions,  as  the  directors  shall  from 
time  to  time  prescribe  and  direct,  and  as  shall  be  necessary  for 
the  safety  of  the  public  travel  over  said  road ;  provided  that  if, 
at  the  expiration  of  five  years  from  and  after  the  opening  of 
said  road  for  use,  the  net  income  or  receipts  from  tolls  and  other 
profits  shall  have  amounted  to  more  than  eight  per  cent,  per 
annum,  upon  the  whole  cost  of  the  road  from  the  time  of  the 
disbursements,  the  legislature  of  this  State  may  take  measures  to 
alter  and  reduce  the  rates  of  toll,  and  other  profits,  in  such  man- 
ner as  to  take  off  the  overplus  for  the  next  five  years,  calculat- 
ing the  amount  of  transportation  upon  the  road  to  be  the  same 
as  the  five  preceding  years ;  and  at  the  expiration  of  every  five 
years  the  same  proceedings  may  be  had. 


394  NORTHERN   RAILROAD    COMPANY. 

Sect.  6.  That  the  directors  of  said  company  for  the  time  being, 
are  hereby  authorized  to  erect  toll  houses,  and  houses  for  the 
deposit  of  merchandise,  establish  gates,  appoint  toll  gatherers,  and 
demand  and  receive  toll  upon  the  road  when  completed,  and  upon 
such  parts  thereof  as  shall  from  time  to  time  be  completed. 

Sect.  7.  That  the  annual  meeting  of  the  members  of  said  com- 
pany shall  be  holden  at  such  time  and  place  within  the  State,  as 
the  company  by  their  by-laws,  or  the  directors  for  the  time  being 
shall  appoint,  at  which  meeting  seven  directors  shall  be  chosen  by 
ballot ;  and  the  three  persons  first  named  in  this  Act,  or  any  two 
of  them,  are  hereby  authorized  to  call  the  first  meeting  of  said 
company,  by  giving  notice  in  some  paper  published  at  Concord, 
in  this  State.  And  the  directors  are  hereby  authorized  to  call  spe- 
cial meetings  of  the  stockholders,  whenever  they  shall  deem  it 
expedient  and  proper,  giving  such  notice  as  the  company  by  their 
by-laws  shall  direct. 

Sect.  8.  That  if  the  said  railroad  in  the  course  thereof  shall  in- 
tersect or  cross  any  private  way,  the  said  company  shall  so  con- 
struct said  railroad,  as  not  to  obstruct  the  safe  and  convenient  use 
of  such  private  way ;  and  if  such  railroad  shall  not  be  so  con- 
structed, the  party  aggrieved  shall  be  entitled  to  his  action  on  the 
case,  in  any  court  proper  to  try  the  same,  and  shall  recover  his 
reasonable  damages  for  such  injury. 

Sect.  9.  That  if  said  company  shall  not  have  been  organized, 
one  fourth  part  of  the  stock  subscribed,  and  the  location  of  the 
route  filed  with  the  secretary  of  state,  on  or  before  the  first  day  of 
June,  1846,  permitting  the  said  company,  in  the  construction  of  said 
road,  the  right  to  construct  the  same  on  each  or  either  side  of  the 
line  so  located  and  filed ;  or  shall  not  have  laid  out  and  expended 
the  sum  of  six  thousand  dollars  towards  the  completion  of  the 
same,  previous  to  the  first  day  of  September,  1846 ;  or  shall  fail  to 
complete  at  least  one  fourth  part  of  the  same  by  the  first  day  of 
December,  1848;  in  either  of  the  above  mentioned  cases  this  Act 
shall  be  null  and  void,  so  far  as  the  same  shall  not  be  completed : 
otherwise  to  remain  in  full  force.  But  notwithstanding  the  filing 
of  said  location,  said  corporation  may  deviate  therefrom  in  the 
construction  of  said  railroad,  not  exceeding  the  distance  of  one 
mile  on  either  side  of  said  location ;  provided  such  deviation  be 
found  necessary  for  avoiding  impediments,  or  for  the  easier  or 
better  construction  of  said  road. 

Sect.  10.  That  the  said  railroad  company  shall  constantly  main- 


NEW    HAMPSHIRE.  395 

tain,  in  good  repair,  all  bridges  with  their  abutments  and  embank- 
ments, which  they  may  construct  for  the  purpose  of  conducting 
said  raih'oad  over  any  turnpike,  private  or  public  highway,  or  for 
conducting  such  turnpike,  private  or  highway  over  said  railroad, 
and  in  default  thereof  shall  be  liable  in  an  action  of  the  case,  to 
respond  in  damages  to  any  party  aggrieved. 

Sect.  11.  That  the  said  company  be,  and  they  hereby  are  au- 
thorized and  empowered  to  erect,  for  the  sole  use  and  exclusive 
accommodation  of  the  travel  on  said  railroad,  if  they  shall  deem 
it  necessary,  such  bridge  or  bridges  as  may  be  required  across  the 
waters  of  the  Merrimack  and  Connecticut  Rivers,  or  any  of  their 
branches ;  provided  said  bridge  or  bridges  shall  be  so  constructed 
as  not  to  obstruct,  nor  unnecessarily  impede  the  navigation  of  said 
rivers. 

Sect.  12.  That  it  shall  be  the  duty  of  the  directors  c''  said  com- 
pany from  year  to  year,  on  or  before  the  second  Wednesday  of 
June,  to  make  a  report  to  the  secretary  of  this  State,  of  their  acts 
and  doings,  receipts  and  expenditures,  under  the  provisions  of  this 
Act.  And  their  books,  at  all  times,  shall  be  open  to  the  inspection 
of  any  committee  of  the  legislature  appointed  for  that  purpose ; 
and  if  said  company  shall  unreasonably  neglect  or  refuse  to  make 
such  report  at  the  expiration  of  every  year  after  the  opening  of  said 
railroad,  for  every  such  neglect  or  refusal,  they  shall  forfeit  and 
pay  to  the  use  of  the  State  a  sum  not  exceeding  five  thousand 
dollars,  to  be  recovered  by  action  or  indictment  in  any  court  of 
competent  jurisdiction. 

Sect.  13.  That  this  State,  at  any  time  during  the  charter  of  the 
Northern  Railroad  Company,  after  the  expiration  of  twenty  years 
from  the  time  of  the  completion  of  said  road,  m.ay  purchase  the 
same  of  said  company,  and  all  the  franchise,  rights,  and  privileges 
of  said  company,  by  paying  them  therefor  the  amount  expended 
in  making  said  road ;  and  in  case,  at  the  time  of  such  purchase,  the 
said  company  shall  not  have  received  a  net  income  equal  to  eight 
per  cent,  per  annum,  on  the  amount  of  such  expenditure,  from  the 
time  of  the  payment  thereof  by  the  stockholders,  by  paying  said 
company  such  additional  sum,  as  together  with  the  tolls  and  profits 
of  every  kind,  which  they  shall  have  received  from  said  railroad, 
will  be  equal  to  a  net  profit  of  eight  per  cent,  per  annum  on  the 
cost  of  said  road,  from  the  time  of  payment  thereof  by  the  stock- 
holders to  the  time  of  purchase. 

Sect.  14.  And  the  said  corporators  are  to  take  all  the  privileges 


396  NORTHERN   RAILROAD    COMPANY. 

and  franchises  herein  granted,  subject  to  the  laws  in  relation  to  cor- 
porations and  railroads,  as  they  now  stand  in  the  Revised  Statutes 
of  New  Hampshire. 

Sect.  15.  The  legislature  may  at  any  time  alter,  amend,  or  re- 
peal this  Act,  or  any  of  its  provisions.     Approved^  June  18,  1844. 

Laws  of  1844,  Chap.  190. 
An  Act  to  incorporate  the  Northern  Railroad. 

Sect.  1.  Be  it  enacted,  dfc.  That  Timothy  Kenrick,  EHjah 
Blaisdell,  Halsey  R.  Stevens,  Daniel  Blaisdell,  William  H.  Dun- 
can, Charles  B.  Haddock,  James  H.  Kendrick,  James  Willis, 
Converse  Goodhue,  William  P.  Weeks,  Jesse  Cross,  Joseph  C. 
Thompson,  James  Smith,  Caleb  Merrill,  Stephen  Pingree,  James 
Clark,  Simeon  B.  Little,  Jeremiah  Kimball,  Brackett  L.  Greenough, 
Joseph  Cass,  and  Nathaniel  S.  Berry,  their  associates,  successors, 
and  assigns,  shall  be,  and  hereby  are  made  a  body  politic  and  cor- 
porate, by  the  name  of  the  Northern  Railroad,  and  by  that  name 
may  sue  and  be  sued,  prosecute  and  be  prosecuted  to  final  judg- 
ment and  execution,  and  hereby  are  vested  with  all  the  powers 
necessary  and  proper  to  carry  into  effect  the  purposes  and  objects  of 
this  Act ;  but  shall  hold  no  more  real  estate  at  any  one  time,  ex- 
clusive of  that  within  the  limits  of  the  road,  and  land  purchased 
to  procure  stone,  sand,  and  gravel,  than  shall  be  worth  five  per 
cent,  of  the  capital  stock  of  the  corporation. 

Sect.  2.  The  said  corporation  are  hereby  authorized  and  em- 
powered to  construct,  and  finally  complete  for  public  use,  and  keep 
in  use,  a  railroad,  beginning  at  any  point  on  the  Concord  Railroad 
in  the  towns  of  Concord  or  Bow,  in  the  county  of  Blerrimac; 
thence  running  by  such  route  as  shall  be  deemed  best  to  accommo- 
date the  public,  to  the  west  bank  of  Connecticut  River,  in  the  town 
of  Lebanon,  in  the  county  of  Grafton.  And  they  are  hereby  au- 
thorized and  empowered  to  construct  a  bridge  or  bridges,  across  the 
waters  of  the  Connecticut  and  Merrimac,  or  Pemigewasset  rivers, 
provided  said  bridge  or  bridges  shall  be  so  constructed  as  not  unne- 
cessarily to  impede  the  navigation  of  said  rivers.  And  said  corpo- 
ration are  required  to  keep  said  road  and  bridge  or  bridges  in  good 
repair,  and  provide  suitable  and  proper  engines,  and  cars  for  the 
conveyance  of  passengers  and  property  over  the  said  road,  and 
cause  the  said  engines  and  cars  to  be  run  each  way  at  least  once  a 


NEW  HAMPSHIRE.  397 

day,  Sundays  excepted,  to  accommodate  the  public  travel  and  trans- 
portation, except  when  prevented  by  unavoidable  accidents  and 
contingencies. 

Sect.  3.  The  capital  stock  of  said  corporation  shall  consist  of 
fifteen 'thousand  shares  ;  and  the  immediate  government  and  direc- 
tion of  the  affairs  thereof,  shall  be  vested  in  seven  directors,  who 
shall  be  chosen  by  the  members  or  stockholders,  in  the  manner 
hereinafter  provided,  and  shall  hold  their  offices  until  others  shall 
be  duly  elected  and  qualified  to  take  their  places  as  directors.  And 
the  said  directors,  a  majority  of  whom  shall  form  a  quorum  for  the 
transaction  of  business,  shall  elect  one  of  their  own  number  to 
be  president  of  the  board,  who  shall  also  be  president  of  the 
company,  and  they  shall  have  authority  to  choose  a  clerk,  who 
shall  be  sworn  to  the  faithful  discharge  of  his  duty,  and  they  shall 
also  have  authority  to  choose  a  treasurer,  who  shall  give  bonds  to 
the  corporation,  with  sureties  to  the  satisfaction  of  the  directors 
in  a  sum  not  less  than  thirty  thousand  dollars,  for  the  faithful  dis- 
charge of  his  trust,  and  such  other  agents  and  servants  as  shall, 
from  time  to  time,  be  necessary. 

Sect.  4.  A  toll  is  hereby  granted  to  the  corporation  for  their 
benefit,  on  all  passengers  and  property  which  may  be  conveyed  on 
said  railroad,  at  such  rates  as  may  be  from  time  to  time  agreed  on 
by  the  directors ;  provided  that  in  any  and  every  year,  when  their 
net  receipts  shall  amount  to  a  sum  making,  with  the  prior  net  re- 
ceipts of  the  corporation,  more  than  an  average  often  percent,  per 
annum  from  the  commencement  of  their  operations,  the  excess 
shall  be  paid  into  the  treasury  of  the  State,  until  otherwise  direct- 
ed by  the  legislature.  And  the  directors  are  hereby  authorized  to 
erect  toll  houses  and  houses  for  the  deposit  of  merchandise,  and 
demand  and  receive  toll  upon  the  road  when  completed,  and  upon 
such  parts  thereof  as  shall  from  time  to  time  be  completed. 

Sect.  5.  The  president  and  directors  for  the  time  being  are  au- 
thorized and  empowered,  by  themselves  or  their  agents,  to  exercise 
all  the  powers  herein  granted  to  the  corporation,  for  the  purpose  of 
constructing  and  completing  said  railroad,  and  for  the  transporta- 
tion of  persons,  goods,  and  merchandise  thereon,  and  all  such  other 
powers  and  authority  for  the  management  of  the  affairs  of  the 
corporation,  not  heretofore  granted,  as  maybe  necessary  and  proper 
to  carry  into  effect  the  object  of  this  grant;  to  purchase  lands, 
materials,  engines,  cars,  and  other  necessary  things  in  the  name  of 
the  corporation,  for  the  use  of  said  road,  and  for  the  transportation 

34 


398  NORTHERN  RAILROAD   COMPANY. 

of  persons,  goods,  and  merchandise ;  to  make  such  equal  assess- 
ments from  time  to  time  on  all  the  shares  in  said  corporation,  as 
they  may  deem  expedient  and  necessary  in  the  execution  and  pro- 
gress of  the  work,  and  direct  the  same  to  be  paid  to  the  treasurer 
of  the  corporation,  and  the  treasurer  shall  give  notice  of  such  as- 
sessments. And  if  any  subscriber  shall  neglect,  for  sixty  days  after 
such  notice,  to  pay  his  assessments,  the  directors  may  order  the 
treasurer  to  sell  his  share  or  shares  at  public  auction,  due  notice 
thereof  being  given,  to  the  highest  bidder,  and  the  same  shall  be 
transferred  to  the  purchaser;  and  such  delinquent  subscriber  shall 
be  held  accountable  to  the  corporation  for  the  balance,  if  his  share 
or  shares  shall  sell  for  less  than  the  assessments  due  thereon,  with 
interest  and  cost  of  sale,  and  shall  be  entitled  to  the  overplus,  if 
any  there  be  ;  jDrovided,  that  no  assessment  shall  be  laid  on  any 
share  of  a  greater  amount  than  one  hundred  dollars,  in  the  whole, 
on  each  share.  And  if  a  greater  amount  of  money  shall  be  neces- 
sary, it  shall  be  raised  by  creating  new  shares,  giving  the  stock- 
holders in  the  corporation  the  right  to  take  said  shares,  in  propor- 
tion to  shares  by  them  respectively  owned  in  said  corporation. 

Sect.  6.  If  the  said  railroad  in  the  course  thereof,  shall  inter- 
sect or  cross  any  private  way,  the  said  corporation  shall  so  con- 
struct said  railroad,  as  not  to  obstruct  the  safe  and  convenient  use  of 
such  private  way  ;  and  if  said  railroad  shall  not  be  so  constructed, 
the  party  aggrieved  shall  be  entitled  to  his  action  on  the  case,  and 
shall  recover  reasonable  damages  for  such  injury ;  but  no  action 
shall  be  commenced  after  the  expiration  of  two  years  from  the  ob- 
struction aforesaid.  And  if  the  said  railroad  shall,  in  the  course 
thereof,  intersect  or  cross  any  canal,  turnpike,  or  other  highway, 
the  said  railroad  shall  be  so  constructed  as  not  to  impede  or  ob- 
struct the  safe  and  convenient  use  of  such  canal,  turnpike,  or  other 
highway ;  and  the  corporation  shall  have  the  power  to  raise  or 
lower  such  turnpike,  highway,  or  private  way,  so  that  the  railroad, 
if  necessary,  may  conveniently  pass  under  or  over  the  same  ;  and 
if  said  corporation  shall  raise  or  lower  any  such  turnpike,  highway, 
or  private  way,  and  shall  not  raise  or  lower  the  same  so  as  to  be 
satisfactory  to  the  proprietors  of  such  turnpike,  or  to  the  selectmen 
of  the  town  in  which  said  highway,  or  private  way,  may  be  situate, 
as  the  case  may  be,  said  proprietors  or  selectmen  may  require,  in 
writing,  of  said  corporation,  such  alteration  or  amendment  as  they 
may  think  necessary.  And  if  the  required  alteration  or  amend- 
ment be  reasonable  and  proper,  in  the  written  opinion  of  the  road 


NEW    HAMPSHIRE.  399 

commissioners  for  the  county  in  which  such  alteration  or  amend- 
ment is  proposed,  and  the  said  corporation  shall  unnecessarily  and 
unreasonably  neglect  to  make  the  same,  such  proprietors  or  select- 
men, as  the  case  may  be,  may  proceed  to  make  such  alteration  or 
amendment,  and  may  institute  any  action  on  the  case  against  said 
corporation,  and  shall  thereupon  recover  reasonable  damages  for  all 
charges,  disbursements,  labor  and  services  occasioned  by  making 
such  alteration  or  amendments,  with  costs  of  suit.     And  whenever 
said  railroad  shall  intersect  or  cross  any  highway,  the  board  of  road 
commissioners  within  the  county,  on  notice  given,  and  hearing  had 
for  this  purpose,  may  direct  that  such  place  of  crossing,  or  inter- 
section shall  be  secured  by  a  bridge  over  said  road,  or  by  the  erec- 
tion of  gates  on  both  sides  of  said  road,  should  either,  in  their 
opinion,  be  essential  to  the  public  safety ;  and  such  powers  shall 
be  vested  solely  in  the  road  commissioners.     And  the  said  com- 
pany shall  constantly  maintain  in  good  repair  all  bridges,  with  their 
abutments  and  embankments,  which  they  may  construct  for  the 
purpose  of  conducting  said  railroad  over  any  turnpike,  private  way, 
or  highway,  or  for  conducting  such  turnpike,  private  way,  or  high- 
way over  said  railroad  ;  and  in  default  thereof,  shall  be  liable,  in 
an  action  on  the  case,  to  respond  in  damages  to  any  party  ag- 
grieved. 

Sect.  7.  Unless  one  half  of  the  capital  stock  above  specified 
shall  be  subscribed  for,  and  the  corporation  organized  before  the 
first  day  of  December,  in  the  year  of  our  Lord  one  thousand  eight 
hundred  and  forty-eight,  and  the  sum  of  one  hundred  thousand 
dollars  shall  have  been  expended  toward  the  construction  of  said 
railroad,  before  the  first  day  of  December,  in  the  year  of  our  Lord 
one  thousand  eight  hundred  and  forty-nine,  this  Act  shall  be  null 
and  void.  And  this  Act  shall  be  null  and  void  as  to  any  and  every 
portion  of  said  railroad,  which  shall  not  be  completed  and  fit  for 
use,  on  or  before  the  first  day  of  December,  one  thousand  eight 
hundred  and  fifty-two. 

Sect.  8.  The  annual  meeting  of  the  members  or  stockholders 
of  the  corporation  shall  be  holden  on  the  day  prescribed  by  the 
by-laws,  and  at  such  place  in  this  State  as  the  directors  for  the  time 
being  shall  appoint,  or  as  the  by-laws  shall  prescribe,  at  which 
meeting  seven  directors  shall  be  chosen  by  ballot.  The  directors 
may  call  special  meetings  of  the  stockholders  whenever  they  shall 
deem  it  expedient,  giving  such  notice  as  the  corporation  by  their 
by-laws  shall  direct.     And  any  three  of  the  five  persons  first  named 


400   riTCHBUBG,  KEENE  AND  CONNECTICUT  RIVER  R.  R.  COMPANY. 

in  this  Act,  may  call  the  first  meeting  of  the  corporation,  by  a  notice 
published  two  weeks  successively,  in  two  of  the  newspapers 
printed  at  Concord;  at  which  meeting,  associates  may  be  admitted, 
and  a  president  and  clerk,  and  such  other  officers,  and  such  agents 
and  committees  may  be  chosen  or  appointed,  as  may  be  deemed 
necessary  to  carry  into  efiect  the  objects  of  this  Act,  who  shall 
hold  their  offices  until  such  time  as  a  board  of  directors  shall  be 
chosen. 

Sect.  9.  The  expenses  heretofore  incurred  in  making  surveys, 
and  accomplishing  other  purposes  in  relation  to  said  railroad,  and 
suitable  compensation  for  time  and  expenses  in  procuring  this  Act, 
the  claims  being  first  audited  and  allowed  by  the  directors,  shall 
constitute  a  valid  charge  against  the  corporation,  and  be  allowed 
in  discharge  of  assessments  on  shares. 

Sect.  10.  This  corporation  shall  hold  and  enjoy  the  privileges 
and  franchises  herein  granted,  subject  to  the  laws  in  relation  to 
corporations  and  railroads,  as  they  now  stand  in  the  Revised  Statutes 
of  this  State. 

Sect.  11.  The  legislature  may  alter,  amend,  or  modify  the  pro- 
visions of  this  Act,  or  repeal  the  same,  notice  being  given  to  the 
corporation,  and  an  opportunity  to  be  heard. 

Sect.  12.  The  Act  passed  at  the  last  session  of  the  General 
Court,  entitled  "  an  Act  to  incorporate  the  Northern  Railroad  Com- 
pany," is  hereby  repealed. 

Sect.  13.  This  Act  shall  take  efiect  upon  the  passage  thereof. 
Approved^  December  27,  1844. 


FITCHBURG,   KEENE,   AND   CONNECTICUT  RIVER    RAILROAD 

COMPANY. 

INCORPORATED    IN    NEW    HAMPSHIRE    IN    1844. 

Chapter  112  of  the  Laws  of  1844  contains  the  Charter. 

Sect.  1  grants  corporate  powers,  and  describes  the  route ;  it  authorizes  the  Company  to 

build  a  road  six  rods  wide,  and  take  land  and  materials  for  its  construction,  being 

liable,  however,  for  land  damages. 
Sect.  2  limits  the  capital  stock  to  eight  thousand  shares,  and  vests  the  government 

in  seven  directors,  a  majority  of  whom  shall  form  a  quorum,  and  who  shall  choose 

officers. 
Sect.  3  defines  the  powers  and  duties  of  the  President  and  Directors,  authorizing 


NEW   HAMPSHIRE.  401 

tliein  to  sell  the  stock  of  any  subscriber  who  shall  fail  to  pay  assessments  due, 
making  him  liable  for  any  deficiency  remaining  after  such  sale,  and  limiting  the 
assessments  to  $100  on  each  share. 

Sect.  4  authorizes  the  Company  to  make  by-laws  not  repugnant  to  the  laws  of  the 
State. 

Sect.  0  grants  to  the  Corporation  a  toll  for  transportation  of  passengers  and  freight; 
provided  that,  after  five  years  from  the  opening  of  the  road,  if  the  net  income 
shall  have  exceeded  8  per  cent,  per  annum  upon  its  cost,  the  Legislature  may 
reduce  the  rates  of  toll,  for  the  next  five  years,  so  that  the  net  income  shall  equal 
that  sum ;  and  thus  proceed  at  the  expiration  of  each  five  years. 

Sect.  6  authorizes  the  Directors  to  erect  toll-houses  and  collect  toll. 

Sect.  7  provides  that  an  annual  meeting  be  held,  when  seven  directors  shall  be 
chosen ;  and  directs  the  mode  of  organizing  the  Company,  authorizing  that  special 
meetings  be  held,  when  expedient  and  proper. 

Sect.  8  establishes  the  manner  of  crossing  any  private  way,  giving  to  any  person 
aggrieved  the  right  to  an  action  on  the  case,  to  recover  reasonable  damages. 

Sect.  9  provides  that,  if  the  Company  be  not  organized,  one  fourth  part  of  the  stock 
subscribed  for,  and  the  location  filed  before  June  1,  1846,  the  sum  of  $6000 
expended  before  September  1,  1846,  or  one  fourth  part  of  the  road  completed 
before  December  1,  1848,  this  Act  shall  be  void;  it  authorizes  a  deviation  from 
the  route  located  by  the  charter,  not  exceeding  the  distance  of  one  mile,  if  neces- 
sary. 

Sect.  10  requires  the  Company  to  keep  in  good  repair  all  bridges,  and  in  default 
thereof  to  be  liable  for  damages. 

Sect.  1 1  empowers  the  Company  to  erect  bridges  across  the  Connecticut  River,  pro- 
vided they  do  not  obstruct  the  navigation. 

Sect.  12  requires  that  the  Directors  make  an  annual  report  to  the  Secretary  of  State, 
and  keep  books  open  to  the  inspection  of  a  committee  of  the  Legislature  ;  in  de- 
fault thereof  being  liable  to  a  penalty. 

Sect.  13  provides  that  the  State  may,  after  twenty  years,  purchase  the  franchise  and 
property  of  the  Corporation,  by  paying  the  amoimt  of  the  cost  of  the  road,  and 
such  further  sum  as,  with  the  net  income,  shall  equal  8  per  cent,  per  annum  upon 
its  cost,  from  the  time  of  payment  by  subscribers  to  the  time  of  purchase. 

Sect.  14  makes  this  Act  subject  to  the  laws  of  the  State  respecting  corporations  and 

railroads. 
Sect.  15  reserves  to  the  Legislature  the  power  to  annul  or  repeal  this  Act. 


Laws  of  1844,  Chap.  112. 

An  Act  to  incorporate  the  Fitchburg,  Keene,  and  Connecticut  River  Railroad  Com- 
pany. 

Sect.  1.  Be  it  enacted,  S^c.  That  George  Huntington,  John  Elh- 
ott,  Josiah  Colony,  Daniel  W.  Farrar,  Robinson  Perkins,  Abel 
Bellows,  and  Nathaniel  Tucker,  and  their  associates,  successors, 
and  assigns,  be,  and  they  are  hereby  made,  a  body  politic  and 
corporate,  under  the  name  of  the  Fitchburg,  Keene,  and  Connecti- 

34* 


402   FITCHBURG,    KEENE,  AND  CONNECTICUT  RIVER  R.  R.  COMPANY. 

cut  River  Railroad  Company;  and  by  that  name  shall  be,  and 
hereby  are  made,  capable  in  law,  to  sue  and  be  sued  to  final  judg- 
ment and  execution,  plead  and  be  impleaded,  defend  and  be 
defended,  in  any  court  of  record,  or  in  any  other  place  whatso- 
ever, to  make,  have,  and  use  a  common  seal  —  the  same  to  break, 
renew,  or  alter  at  pleasure ;  and  shall  be,  and  hereby  are,  vested 
with  all  the  powers,  privileges,  and  immunities,  which  are  or 
may  be  necessary  to  carry  into  efi'ect  the  purposes  and  objects  of 
this  Act,  as  hereinafter  set  forth,  and  subject  to  all  the  liabilities 
incident  to  corporations  of  a  similar  nature.  And  for  the  better 
accommodation  of  the  public  travel  and  the  more  easy  transporta- 
tion of  all  persons,  goods,  and  merchandise,  which  may  be  offered 
for  transportation  on  said  railroad,  the  said  company  are  hereby 
authorized  and  empowered  to  locate,  construct,  and  finally  to  com- 
plete a  railroad,  beginning  at  any  point  on  the  south  line  of  the 
State,  in  Fitzwilliam  or  Rindge ;  thence  passing  through  said 
towns,  or  either  of  them,  and  through  Keene  to  the  western  boun- 
dary of  the  State,  in  Walpole  or  Charlestown,  on  such  route  as 
shall  be  deemed  most  expedient.  And  for  this  purpose,  the  said 
company  are  authorized  to  lay  out  their  road,  not  exceeding  six 
rods  wide,  through  the  whole  length;  and  for  the  purpose  of 
cuttings  and  embankments,  may  take  as  much  more  land,  as  may 
be  necessary  for  the  proper  slope  of  the  same  in  the  construction 
of  said  road :  Provided,  however,  that  all  damages  that  may  be 
occasioned  to  any  person  or  persons,  corporation  or  corporations,  by 
taking  such  land  for  the  purposes  aforesaid,  shall  be  paid  by  said 
company  in  the  manner  hereinafter  provided,  prior  to  their  enter- 
ing thereon,  except  for  the  purpose  of  surveying  said  route. 

Sect.  2.  The  capital  stock  of  said  company  shall  consist  of 
eight  thousand  shares;  and  the  immediate  government  and  direc- 
tion of  the  affairs  of  said  company  shall  be  vested  in  seven  direct- 
ors, who  shall  be  chosen  by  the  members  of  the  company,  and 
shall  hold  their  offices  until  others  shall  be  duly  elected  and  quali- 
fied to  take  their  places  as  directors.  And  the  said  directors,  a 
majority  of  whom  shall  form  a  quorum  for  the  transaction  of 
business,  shall  elect  one  of  their  own  number  to  be  president  of  the 
board,  who  shall  also  be  president  of  the  company,  and  shall  have 
authority  to  choose  a  clerk,  who  shall  be  sworn  to  the  faithful  dis- 
charge of  his  duty,  and  who  shall  also  be  clerk  of  the  company, 
unless  the  company  shall  elect  some  other  person  to  that  office  ;  a 
treasurer,  who  shall  give  bonds  to  the  company,  with  sureties  to 


NEW    HAMPSHIRE.  403 

the  satisfaction  of  the  directors,  in  a  sum  not  less  than  twenty- 
thousand  dollars,  for  the  faithful  discharge  of  his  trust ;  also  all 
other  such  agents  as  shall  from  time  to  time  be  necessary. 

Sect.  3.  That  the  president  and  directors  for  the  time  being  are 
authorized  and  empowered,  by  themselves  or  their  agents,  to  exer- 
cise all  the  powers  herein  granted  to  the  company  for  the  purpose 
of  locating,  constructing,  and  completing  said  railroad,  and  for  [the] 
transporting  and  carrying  of  persons,  goods,  and  merciiandise 
thereon  ;  and  all  such  otlier  powers  and  authority  for  the  manage- 
ment of  the  affairs  of  the  company,  not  heretofore  granted,  as 
may  be  necessary  and  proper  to  carry  into  effect  the  object  of  this 
grant ;  and  to  purchase  and  hold  in  fee  simple  all  such  lands  as 
may  be  necessary  for  the  location  and  construction  of  said  road, 
and  the  erection  of  suitable  buildings  therefor ;  and  to  purchase 
materials,  engines,  cars,  and  other  necessary  things  in  the  name  of 
the  company,  for  the  use  of  said  road,  and  for  the  transportation  of 
persons,  goods,  and  merchandise  ;  to  make  such  equal  assessments, 
from  time  to  time,  on  all  the  shares  in  said  company,  as  they 
may  deem  expedient  and  necessary  in  the  execution  and  progress 
of  the  work,  and  direct  the  same  to  be  paid  to  the  treasurer  of  the 
company ;  and  the  treasurer  shall  give  notice  of  such  assess- 
ments ;  and  in  case  any  subscriber  for  stock  shall  neglect  to  pay 
his  assessments,  for  the  space  of  sixty  days  after  due  notice  by  the 
treasurer  of  said  company,  the  directors  may  order  the  treasurer  to 
sell  the  share  or  shares  of  such  delinquent  subscriber  at  public 
auction,  after  due  notice  thereof,  to  the  highest  bidder,  and  the  same 
shall  be  transferred  to  the  purchaser ;  and  such  delinquent  sub- 
scriber shall  be  held  accountable  to  the  company  for  the  balance, 
if  his  share  or  shares  shall  sell  for  less  than  the  assessments  due 
thereon,  with  interest  and  cost  of  sale,  and  shall  be  entitled  to 
the  overplus,  if  any  there  be  ;  Provided^  hoicever,  that  no  assess- 
ment shall  be  laid  upon  any  share  in  said  company  of  a  greater 
amount  than  one  hundred  dollars,  in  the  whole,  on  each  share.  And 
if  a  greater  amount  of  money  shall  be  necessary  to  complete  said 
road,  it  shall  be  raised  by  creating  new  shares,  giving  to  the  stock- 
holders in  said  company,  the  right  to  take  stock,  in  proportion 
to  the  stock  by  them  respectively  owned  in  said  company. 

Sect.  4.  The  said  company  shall  have  power  to  make,  ordain, 
and  establish  all  such  by-laws,  rules,  regulations,  and  ordinances, 
as  they  shall  deem  expedient  and  necessary  to  accomplish  the 
designs  and  purposes,  and  to  carry  into  effect  the  provisions  of  this 


404   FITCHBURG,    KEEXE,  AND  CONNECTICUT  RIVER  R.  R.  COMPANY. 

Act,  and  for  the  well  ordering,  regulating,  and  securing,  the  inter- 
ests and  affairs  of  the  company ;  provided  the  same  be  not  repug- 
nant to  the  constitution  and  laws  of  this  State. 

Sect.  5,  That  a  toll  be  and  is  hereby  granted  and  established 
for  the  use  of  said  road,  upon  all  passengers  and  property  of  every 
description,  which  may  be  conveyed  or  transported  upon  said  road, 
at  such  rates  per  mile  as  may  be  agreed  upon  and  established  from 
time  to  time  by  the  directors  of  said  company.  The  transportation 
of  persons  and  property,  the  construction  of  wheels,  the  form  of 
cars  and  carriages,  the  weight  of  loads,  the  times  and  periods  of 
starting,  and  rates  of  travel  on  the  same,  and  all  other  matters  and 
things  in  relation  to  the  use  of  said  road,  shall  be  in  conformity  to 
such  rules,  regulations,  and  provisions,  as  the  directors  shall  from 
time  to  time  prescribe  and  direct,  and  as  shall  be  necessary  for  the 
safety  of  the  public  travel  over  said  road.  Provided,  that  if,  at  the 
expiration  of  five  years,  from  and  after  the  opening  of  said  road 
for  use,  the  net  income  or  receipts,  from  tolls  and  other  profits,  shall 
have  amounted  to  more  than  eight  per  cent,  per  annum,  upon  the 
whole  cost  of  the  road  from  the  time  of  the  disbursements,  the 
legislature  of  this  State  may  take  measures  to  alter  and  reduce 
the  rates  of  toll  and  other  profits,  in  such  manner  as  to  take  off  the 
overplus  for  the  next  five  years,  calculating  the  amount  of  trans- 
portation upon  the  road  to  be  the  same  as  the  five  preceding  years ; 
and  at  the  expiration  of  every  five  years  the  same  proceedings  may 
be  had. 

Sect.  6.  That  the  directors  of  said  company  for  the  time  being, 
are  hereby  authorized  to  erect  toll-houses  and  houses  for  the 
deposit  of  merchandise,  establish  gates,  appoint  toll-gatherers,  and 
demand  and  receive  toll  upon  the  road  when  completed,  and  upon 
such  parts  thereof  as  shall  from  time  to  time  be  completed. 

Sect.  7.  That  the  annual  meeting  of  the  members  of  said  com- 
pany shall  be  holden  at  such  time  and  place  within  the  State,  as 
the  company  by  their  by-laws,  or  the  directors  for  the  time  being 
shall  appoint,  at  which  meeting  seven  directors  shall  be  chosen 
by  bahot ;  and  the  three  persons  first  named  in  this  Act,  or  any 
two  of  them,  are  hereby  authorized  to  call  the  first  meeting  of  said 
company,  by  giving  notice  in  some  paper  published  at  Keene,  in 
this  State.  And  the  directors  are  hereby  authorized  to  call  special 
meetings  of  the  stockholders,  whenever  they  shall  deem  it  expedi- 
ent and  proper,  giving  such  notice  as  the  company,  by  their  by- 
laws shall  direct. 


NEW  HAMPSHIRE.  405 

Sect.  8.  That  if  the  said  railroad  in  the  course  thereof  shall 
intersect  or  cross  any  private  way,  the  said  company  shall  so  con- 
struct said  railroad,  as  not  to  obstruct  the  safe  and  convenient  use 
of  such  private  way:  and  if  such  railroad  shall  not  be  so  con- 
structed, the  party  aggrieved  shall  be  entitled  to  his  action  on  the 
case,  in  any  court  proper  to  try  the  same,  and  shall  recover  his 
reasonable  damages  for  such  injury. 

Sect.  9.  That  if  said  company  shall  not  have  been  organized, 
one  fourth  part  of  the  stock  subscribed,  and  the  location  of  the 
route  filed  with  the  secretary  of  state,  on  or  before  the  first  day  of 
June,  1846,  permitting  the  said  company,  in  the  construction  of 
said  road,  the  right  to  construct  the  same  on  each  or  either  side  of 
the  line  so  located  and  filed ;  or  shall  not  have  laid  out  and 
expended  the  sum  of  six  thousand  dollars  towards  the  completion 
of  the  same,  previous  to  the  first  day  of  September,  1846 ;  or  shall 
fail  to  complete  at  least  one  fourth  part  of  the  same  by  the  first 
day  of  December,  1848 ;  in  either  of  the  above  mentioned  cases 
this  Act  shall  be  null  and  void,  so  far  as  the  same  shall  not  be  com- 
pleted ;  otherwise  to  remain  in  full  force  ;  but  notwithstanding  the 
filing  of  said  location,  said  corporation  may  deviate  therefrom  in 
the  construction  of  said  railroad,  not  exceeding  the  distance  of  one 
mile  on  either  side  of  said  location,  provided  such  deviation  be 
found  necessary  for  avoiding  impediments,  or  for  the  easier  or  bet- 
ter construction  of  said  road. 

Sect.  10.  That  the  said  railroad  company  shall  constantly  main- 
tain in  good  repair,  all  bridges  with  their  abutments  and  embank- 
ments which  they  may  construct  for  the  purpose  of  conducting 
said  railroad  over  any  turnpike,  private  or  highway,  or  for  con- 
ducting such  turnpike,  private  or  highway  over  said  railroad,  and 
in  default  thereof  shall  be  liable  in  an  action  of  the  case,  to  respond 
in  damages  to  any  party  aggrieved. 

Sect.  11.  That  the  said  company  be,  and  they  hereby  are 
authorized  and  empowered  to  erect,  for  the  sole  use  and  exclusive 
accommodation  of  the  travel  on  said  railroad,  if  they  shall  deem 
it  necessary,  such  bridge  or  bridges  as  may  be  required  across  the 
waters  of  the  Connecticut  River,  or  any  of  its  branches  ;  provided 
said  bridge  or  bridges  shall  be  so  constructed  as  not  to  obstruct, 
nor  unnecessarily  impede  the  navigation  of  said  river. 

Sect.  12.  That  it  shall  be  the  duty  of  the  directors  of  said  com- 
pany, from  year  to  year,  on  or  before  the  second  Wednesday  of 
June,  to  make  a  report  to  the  secretary  of  this  State,  of  their  acts 


406  GREAT  FALLS  AND  CONWAY  RAILROAD. 

and  doings,  receipts  and  expenditures,  under  the  provisions  of  this 
Act.  And  their  books  at  all  times  shall  be  open  to  the  inspection 
of  any  committee  of  the  legislature  appointed  for  that  purpose. 
And  if  said  company  shall  unreasonably  neglect  or  refuse  to 
make  such  report,  at  the  expiration  of  every  year,  after  the  open- 
ing of  said  railroad,  for  every  such  neglect  or  refusal,  they  shall 
forfeit  and  pay  to  the  use  of  the  State  a  sum  not  exceeding  five 
thousand  dollars,  to  be  recovered  by  action  or  indictment  in  any 
court  of  competent  jurisdiction. 

Sect.  13.  That  this  State,  at  any  time  during  the  charter  of  the 
Fitchburg,  Keene,  and  Connecticut  River  Railroad  Company,  after 
the  expiration  of  twenty  years  from  the  time  of  the  completion  of 
said  road,  may  purchase  the  same  of  said  company,  and  all  the 
franchise,  rights,  and  privileges  of  said  company,  by  paying  them 
therefor  the  amount  expended  in  making  said  road ;  and  in  case, 
at  the  time  of  such  purchase,  the  said  company  shall  not  have 
received  a  net  income  equal  to  eight  per  cent,  per  annum,  on  the 
amount  of  such  expenditure,  from  the  time  of  the  payment  thereof 
by  the  stockholders,  by  paying  said  company  such  additional 
sum  as  together  with  the  tolls  and  profits  of  every  kind,  which 
they  shall  have  received  from  said  railroad,  will  be  equal  to  a  net 
profit  of  eight  per  cent,  per  annum  on  the  cost  of  said  road,  from 
the  time  of  payment  thereof  by  the  stockholders,  to  the  time  of 
purchase. 

Sect.  14.  And  the  said  corporators  are  to  take  all  the  privileges 
and  franchises  herein  granted,  subject  to  the  laws  in  relation  to 
corporations  and  railroads  as  they  now  stand  in  the  Revised  Stat- 
utes of  New  Hampshire. 

Sect.  15.  The  legislature  may  at  any  time  alter,  amend,  or  repeal 
this  Act,  or  any  of  its  provisions.     Approved,  June  19,  1844. 


GREAT  FALLS  AND  CONWAY  RAILROAD. 

INCORPORATED  IN  NEW  HAMPSHIRE  IN  1844. 

Chapter   113   of   the   Laws   of   1844   contains   the    Charter. 

Sect.  1  grants  corporate  powers,  describes  the  route,  authorizes  the  Company  to 
build  a  road  six  rods  wide,  and  take  land  and  materials  for  its  construction,  being 
liable  for  land  damages. 


NEW  HAMPSHIRE.  407 

Sect.  2  limits  the  capital  stock  to  10,000  shares,  of  $100  each,  and  vests  the  govern- 
ment of  the  Corporation  in  five  Dii-ectors,  Avho  shall  choose  officers. 

Sect.  3  defines  the  powers  and  duties  of  the  Directors,  authorizing  them  to  sell  the 
shares  of  any  subscriber  who  shall  fail  to  pay  assessments,  and  rendering  him 
liable  for  any  deficiency  remaining  after  such  sale,  limiting  assessments  to  $100 
on  each  share,  and  providing  that  new  shares  may  be  made,  if  necessary,  to  be 
distributed  among  the  original  stockholders. 

Sect.  4  authorizes  the  Company  to  make  by-laws,  not  repugnant  to  the  laws  of  the 
State. 

Sect.  5  grants  to  the  Corporation  a  toll  for  the  transportation  of  passengers  and 
freight ;  providing  that  the  Legislature  may,  after  five  years,  reduce  the  rates  of 
toll,  if  the  net  income  shall  have  exceeded  8  per  cent,  per  annum  upon  the  cost 
of  the  road,  so  as  to  equal  that  sum  for  the  succeeding  five  years,  and  thus  pro- 
ceed at  the  expiration  of  every  five  years. 

Sect.  6  authorizes  the  Directors  to  erect  toll-houses  and  collect  toll. 

Sect.  7  provides  that  an  annual  meeting  be  holden,  when  five  Directors  shall  be 
chosen,  and  establishes  the  manner  of  organizing  the  Company,  authorizing  special 
meetings  to  be  called,  when  expedient  and  proper. 

Sect.  8  provides,  that  if  the  Company  be  not  organized,  three  fourths  of  the  stock 
subscribed  for,  and  the  location  filed  before  June  1,  1846,  $100,000  expended 
before  September  1,  1847,  this  Act  shall  be  null  and  void,  and  as  to  every  part  of 
the  road  not  completed  before  June  1,  1850  ;  it  authorizes  a  deviation  from  the 
route  described  m  the  charter,  if  necessary,  to  the  distance  of  one  mile. 

Sect.  9  requires  the  Company  to  keep  in  good  repair  all  bridges. 

Sect.  10  makes  it  the  duty  of  the  Directors  to  present  an  annual  report  to  the  Legis- 
lature, and  keep  books  of  account  open  to  the  inspection  of  their  committee ;  in 
default  thereof  being  liable  to  a  penalty. 

Sect.  11  provides  that  the  State  may,  after  fifteen  years,  purchase  the  franchise  and 
property  of  the  Corporation,  by  paying  the  amount  of  capital  expended,  and  such 
further  sum  as,  with  the  net  income,  shall  equal  8  per  cent,  per  annum  thereon. 

Sect.  12  provides  that  nothing  herein  shall  affect  the  rights  of  any  existing  raih-oad 
corporation,  and  that  this  Act  may  be  amended  or  repealed  by  the  Legislature. 

Chaptei-  291  of  the  Private  Acts  of  1845  contains  an  Act  in  addition  to  the  foregoing. 

Sect.  1  provides  that  the  Company  may  construct  a  railroad  from  Dover,  on  the 
Maine  Railroad,  or  between  Dover  and  Great  Falls,  thence  through  Rochester,  on 
the  original  route. 

Sect.  2  repeals  that  part  of  the  origiaal  Act,  requiring  this  Company  to  begin  their 
road  in  Somersworth,  near  the  depot  of  the  Boston  and  Maine  Railroad. 

Sect.  3  enacts  that  this  Act  shall  take  effect  from  its  passage. 

Chapter  557  of  the  Private  Acts  of  1847  contains  an  Act  in  addition  to  the  foregoing. 

Sect.  1  extends  the  time  for  expending  $100,000,  as  limited  in  section  8  of  the 

original  Act,  to  September  1,  1850. 
Sect.  2  provides  that  this  Act  shall  take  effect  from  its  passage. 

Chapter  776  of  the  Private  Acts  of  1848  contains  an  additional  Act. 

Sect.  1  authorizes  the  Company  to  extend  its  railroad  to  the  line  of  the  State  of 


408  GREAT  FALLS  AND  CONWAY  RAILROAD. 

Maine,  at  some  point  in  Somersworth,  and  there  to  unite  with  the  Great  Falls  and 
South  Berwick  Branch  Kailroad  in  Maine. 

Sect.  2  constitutes  proprietors  of  stock  in  one  Company,  stockholders  in  the  other 
Company,  and  unites  the  two  Companies  into  one,  under  the  name  of  the  Ports- 
mouth, Great  Falls,  and  Conway  Ilailroad  Company ;  but  if  this  Company,  or 
said  Company,  when  united,  shall  cross  the  track  of  the  Cocheco  Ilailroad,  it  shall 
be  upon  terms,  if  not  agreed,  to  be  prescribed  by  the  Railroad  Commissioners. 

Sect.  3  requires  one  of  the  Directors  to  reside  in  this  State,  on  whom  service  of 
process  against  the  Company  may  be  legally  made. 

Sect.  4  declares  that  part  of  the  road  lying  in  this  State,  to  be  subject  to  the  laws 
thereof. 

Sect.  5  provides  that  this  Act  shall  not  take  effect,  until  it,  and  an  Act  of  Maine  to 
the  same  effect,  shall  have  been  accepted  by  the  stockholders  of  the  two  Com- 
panies, at  a  meeting  called  for  that  purpose. 

Sect.  6  reserves  to  the  Legislature  the  right  to  amend  or  repeal  this  Act. 

Chapter  911  of  the  Private  Acts  of  1849  contains  an  Act  in  addition  to  the  foregoing. 

Sect.  1  extends  the  time  for  completing  said  railroad  to  June  1,  1855. 

Sect.  2  repeals  all  Acts  inconsistent  with  this  Act. 

Sect.  3  provides  that  this  Act  shall  take  effect  immediately. 


Laws  of  1844,  Chap.  113. 
An  Act  to  incorporate  the  Proprietors  of  the  Great  Falls  and  Conway  Eailroad. 

Sect.  1.  Beit  enacted,  <yc.  That  Samuel  Quarles,  John  Crocker, 
Josiah  H.  Hobbs,  Lory  Odell,  Luther  D.  Sawyer,  Zebulon  Pease, 
Thomas  P.  Drake,  Brackett  Wiggins,  James  Garvin,  Adam  Brown, 
Joel  Eastman,  John  A.  Burley,  Levi  Jones,  William  Sawyer, 
Artemas  Harmon,  Nathaniel  Abbott,  James  Willey,  Zara  Cutler, 
John  H.  White,  and  Samuel  Atkinson,  and  their  associates,  suc- 
cessors, and  assigns,  be  and  they  hereby  are  incorporated  and 
made  a  body  politic,  under  the  name  of  the  Great  Falls  and  Con- 
way Railroad ;  and  by  tliat  name  shall  be,  and  hereby  are  made 
capable,  in  law,  to  sue  and  be  sued  to  final  judgment  and  execu- 
tion, plead  and  be  impleaded,  defend  and  be  defended  in  any  court 
or  place  whatever;  to  make,  have,  and  use  a  common  seal,  and 
the  same  to  break,  alter,  or  renew  at  pleasure ;  and  shall  be,  and 
hereby  are  vested  with  all  the  powers,  privileges,  and  immunities, 
which  are  or  may  be  necessary  to  carry  into  effect  the  purposes 
and  objects  of  this  Act  as  hereinafter  set  forth,  and  subject  to  all 
such  liabilities  incident  to  corporations,  and  the  directors,  officers, 
and  stockholders  thereof,  as  are  or  hereafter  may  be  provided,  by 


NEW   HAMPSHIRE.  409 

any  general  law  in  relation  to  corporations  created,  or  in  future  to 
be  created,  of  a  similar  nature,  for  the  time  being,  while  such  law 
shall  remain  in  force  ;  and  the  said  corporation  is  hereby  author- 
ized and  empowered  to  locate,  construct,  and  finally  complete  a 
railroad,  beginning  at  or  near  the  depot  of  the  Boston  and  Maine 
Railroad,  in  Somersworth,  and  thence  running  through  said 
Somersworth,  Rochester,  Milton,  Wakefield,  Ossipee,  Effingham, 
Freedom,  or  Tamworth,  and  Eaton,  to  any  place  in  Conway,  in 
such  manner  and  form  as  they  may  deem  expedient.  And  for  tiie 
purpose  aforesaid,  the  said  corporation  is  authorized  to  lay  out 
their  road,  not  exceeding  six  rods  wide,  through  the  whole  length  ; 
and  for  the  purpose  of  cuttings,  embankments,  and  procuring  stone 
and  gravel,  may  take,  by  purchase,  as  much  more  land  as  may  be 
necessary  for  tlie  proper  construction  and  security  of  said  road  ; 
and  the  said  corporation  is  hereby  authorized  and  enabled  to  agree 
for,  purchase,  take,  and  hold  all  such  lands  and  real  estate,  privi- 
leges and  franchises,  materials,  engines,  cars,  and  other  things,  as 
may  be  necessary  or  useful  for  the  location  and  construction  of 
said  road,  the  erection  of  suitable  buildings  therefor,  places  of 
deposit  of  goods  and  merchandise  transported  thereon,  or  for  the 
carriage  or  transportation  of  persons,  goods,  and  merchandise,  and 
conducting  the  business  of  said  corporation. 

Sect.  2.  That  the  capital  stock  of  said  corporation  shall  consist 
of  ten  thousand  shares,  of  one  hundred  dollars  each,  which  shall 
be  assignable  by  the  proprietor  under  the  rules  of  the  corporation, 
and  all  transfers  of  shares  shall  be  recorded  by  their  clerk;  but 
said  corporation,  whenever  three  hundred  thousand  dollars  of  said 
stock  shall  be  subscribed  for,  may  commence  the  construction  of 
said  road,  and  complete  the  same  so  far  as  the  stock  subscribed  for 
will  go.  And  the  immediate  government  and  direction  of  the 
afl'airs  of  said  corporation  shall  be  vested  in  five  directors,  who 
shall  be  chosen  by  the  members  of  the  corporation,  by  ballot,  and 
shall  hold  their  offices  until  others  shall  be  duly  elected  and  quali- 
fied to  take  their  places  as  directors.  And  the  said  directors,  a 
majority  of  whom  shall  form  a  quorum  for  the  transaction  of  busi- 
ness, shall  elect  one  of  their  own  number  to  be  president  of  the 
board,  who  shall  be  president  of  the  corporation,  and  they  shall 
have  authority  to  choose  a  clerk,  who  shall  be  sworn  to  the  faithful 
discharge  of  his  duties,  and  who  shall  be  clerk  of  the  corporation, 
unless  some  other  person  shall  be  elected  to  the  office  by  the  cor- 
poration and  sworn ;  and  also  a  treasurer  who  shall  give  bonds  to 

35 


410  GREAT  FALLS  AND  CONWAY  RAILROAD. 

the  corporation,  with  sureties  to  the  satisfaction  of  the  directors, 
in  a  sum  not  less  than  twenty  thousand  dollars,  for  the  faithful 
discharge  of  his  trust ;  and  all  other  such  agents  and  servants  as 
shall  from  time  to  time  be  necessary. 

Sect.  3.  That  the  directors  for  the  time  being  are  authorized 
and  empowered,  by  themselves  or  their  agents,  to  exercise  all  the 
powers  herein  granted  to  the  corporation  for  the  purpose  of  locat- 
ing, constructing,  and  completing  said  railroad,  and  for  the  trans- 
porting and  carrying  of  persons  and  merchandise  thereon  ;  to  make 
purchases,  contracts,  and  agreements,  in  the  name  of  the  corpo- 
ration, and  to  exercise  all  such  other  powers  and  authority  for  the 
management  of  the  affairs  of  the  corporation,  not  heretofore  grant- 
ed, as  may  be  necessary  and  proper  to  carry  into  effect  the  object 
of  this  grant,  subject  always,  however,  to  such  general  control  as 
the  proprietors,  at  any  legal  meeting  of  the  corporation,  may  from 
time  to  time  think  proper  to  exercise.  And  the  directors  shall 
make  such  equal  assessments  from  time  to  time  on  all  the  shares 
in  said  corporation,  as  they  may  deem  expedient  and  necessary  in 
the  execution  and  progress  of  the  work,  and  direct  the  same  to  be 
paid  to  the  treasurer  of  the  corporation  ;  and  the  treasurer  shall 
give  notice  of  such  assessments.  And  in  case  any  subscriber  for 
stock  shall  neglect  to  pay  his  assessment,  for  the  space  of  sixty 
days  after  due  notice  by  the  treasurer,  the  directors  may  order  the 
treasurer  to  sell  the  share  or  shares  of  such  delinquent  subscriber, 
at  auction,  after  due  notice  thereof,  to  the  highest  bidder,  and  the 
same  shall  be  transferred  to  the  purchaser ;  and  such  delinquent 
subscriber  shall  be  held  accountable  to  the  corporation  for  the 
balance,  if  his  share  or  shares  shall  sell  for  less  than  the  assess- 
ments due  thereon,  with  interest  and  cost  of  sale,  and  shall  be 
entitled  to  the  overplus  if  any  there  be ;  provided,  however,  that 
no  assessments  shall  be  laid  upon  any  share  in  said  corporation,  of 
a  greater  amount  than  one  hundred  dollars,  in  the  whole,  on  such 
share  ;  and  if  a  greater  amount  of  money  shall  be  necessary  to 
complete  the  said  road,  it  shall  be  raised  by  creating  new  shares, 
giving  the  stockholders  in  said  corporation  the  right  to  take  said 
stock,  in  proportion  to  the  stock  by  them  respectively  owned  in  said 
corporation. 

Sect.  4.  The  said  corporation  shall  have  power  to  make,  ordain, 
and  establish  all  such  by-laws,  rules,  and  regulations,  as  they  shall 
deem  expedient  and  necessary  to  accomplish  the  designs  and  pur- 
poses, and  to  carry  into  effect  the  provisions  of  this  Act ;  and  for 


NEW    HAMPSHIRE.  •  411 

the  well -ordering,  regulating,  and  securing  [of]  the  affairs  and 
interests  of  the  corporation ;  provided  the  same  be  not  repugnant 
to  the  constitution  or  laws  of  this  State. 

Sect.  5.  That  a  toll  be,  and  hereby  is  granted  and  established, 
for  the  sole  benefit  of  said  corporation,  upon  all  passengers  and 
property  of  every  description,  which  may  be  conveyed  or  trans- 
ported on  said  road,  at  such  rates  per  mile  as  may  be  agreed  on 
and  established  from  time  to  time  by  the  directors  of  said  corpora- 
tion :  the  transportation  of  persons  and  property,  the  construction 
of  wheels,  the  forms  or  [of?]  cars  and  carriages,  the  weight  of 
loads,  and  all  other  matters  and  things  in  relation  to  the  use  of 
said  road,  shall  be  in  conformity  to  such  rules,  regulations,  and 
provisions  as  the  directors  shall  from  time  to  time  prescribe  and 
direct ;  and  said  road  shall  be  used  by  any  person  or  persons  who 
shall  comply  with  such  rules  and  regulations ;  provided  that  if,  at 
the  expiration  of  five  years,  from  and  after  the  opening  of  said 
road  for  use,  the  net  income  or  receipts  from  tolls  and  other  profits 
shall  have  amounted  to  more  that  eight  per  centum  per  annum, 
on  the  whole  cost  of  the  road,  from  the  time  of  the  disbursements, 
the  legislature  of  the  State  may  take  measures  to  alter  and  reduce 
the  rate  of  tolls  and  other  profits,  in  such  manner  as  to  take  off 
the  overplus  for  the  next  five  years,  calculating  the  amount  of 
transportation  on  the  road  to  be  the  same  as  the  five  preceding 
years ;  and  at  the  expiration  of  every  five  years  the  same  pro- 
ceedings may  be  had. 

Sect.  6.  The  directors  of  said  corporation  for  the  time  being, 
are  hereby  authorized  to  erect  toll-houses,  and  houses  for  the 
deposit  of  merchandise,  establish  gates,  appoint  toll-gatherers,  and 
demand  and  receive  toll  upon  the  road  when  completed,  and  upon 
such  parts  thereof  as  shall  from  time  to  time  be  completed. 

Sect.  7.  The  annual  meeting  of  the  stockholders  of  said  corpo- 
ration shall  be  holden  at  such  times,  as  the  corporation  by  their 
by-laws  shall  prescribe,  and  at  such  place  within  this  State,  as 
the  corporation  or  the  directors  for  the  time  being  shall  prescribe  ; 
at  which  meeting  five  directors,  being  stockholders,  shall,  and  a 
clerk  may  be  chosen  by  ballot ;  and  the  five  persons  first  named 
in  this  Act,  or  any  three  of  them,  are  hereby  authorized  to  call  the 
first  meeting  of  said  corporation,  by  giving  notice,  at  the  least, 
thirty  days  before  the  time  of  holding  such  meeting,  in  two  or 
more  newspapers,  of  which  one  shall  be  published  in  Portsmouth, 
and  one  in  Dover.     And  at  said  first  meeting  or  any  adjournment 


412  GREAT   FALLS   AND    CONWAY   RAILROAD. 

thereof,  a  clerk  for  the  time  being  and  directors  may  be  chosen, 
by  ballot,  and  rules  and  regulations  adopted,  and  measures  taken 
for  subscribing  the  stock,  duly  organizing  the  corporation,  survey- 
ing and  locating  the  road,  and  preparing  for  the  construction  of 
the  same.  And  the  directors  are  authorized  to  call  special  meet- 
ings of  the  stockholders,  whenever  they  shall  deem  it  expedient 
and  proper,  giving  such  notice  as  the  corporation  by  their  by-laws 
shall  direct. 

Sect.  8.  Unless  three  tenths  of  the  stock  shall  have  been  sub- 
scribed for,  and  the  corporation  organized,  and  the  location  of  the 
route  filed  in  the  office  of  the  secretary  of  state,  prior  to  the  first 
Wednesday  in  June,  in  the  year  of  our  Lord,  one  thousand  eight 
hundred  and  forty-six,  and  the  corporation  shall  have  expended 
the  sum  of  one  hundred  thousand  dollars  towards  the  completion 
of  said  road,  previous  to  the  first  day  of  September,  in  the  year  of 
our  Lord,  one  thousand  eight  hundred  and  forty-seven,  this  Act 
shall  be  mill  and  void  :  and  this  Act  shall  be  null  and  void  as  to 
any  and  every  portion  of  said  railroad,  which  shall  not  be  com- 
pleted and  fit  for  use,  on  or  before  the  first  day  of  June,  in  the 
year  of  our  Lord,  one  thousand  eight  hundred  and  fifty.  But 
notwithstanding  the  filing  of  said  location,  said  corporation  may 
deviate  therefrom  in  the  construction  of  said  railroad,  not  exceed- 
ing the  distance  of  one  mile  on  either  side  of  said  location  ;  pro- 
vided such  deviation  be  found  necessary  for  avoiding  impediments, 
or  the  easier  or  better  construction  of  said  road. 

Sect.  9.  Said  railroad  corporation  shall  constantly  maintain,  in 
good  repair,  all  bridges  with  their  abutments  and  embankments, 
which  they  may  construct  for  the  purpose  of  constructing  their 
railroad  over  any  canal,  turnpike,  or  other  highway,  or  any  private 
way,  or  for  conducting  such  private  way,  turnpike,  or  other  high- 
way over  said  railroad ;  and  in  default  thereof,  shall  be  liable  in 
an  action  of  the  case,  to  answer  in  damages  to  the  party  ag- 
grieved. 

Sect.  10.  It  shall  be  the  duty  of  the  directors  of  said  corpora- 
tion from  year  to  year,  on  or  before  the  second  Wednesday  of  June, 
to  make  a  report  to  the  legislature  of  this  State,  of  their  acts  and 
doings,  receipts  and  expenditures,  under  the  provisions  of  this  Act. 
And  their  books  shall,  at  all  times,  be  open  to  the  inspection  of  any 
committee  of  the  legislature  appointed  for  that  purpose;  and  if 
said  corporation  shall  unreasonably  neglect  or  refuse  to  make  such 
report,  at  the  expiration  of  every  year  after  the  opening  of  said 


NEW   HAMPSHIRE.  413 

railroad,  for  every  such  neglect  or  refusal,  they  shall  forfeit  and 
pay  to  the  use  of  the  State  a  sum  not  exceeding  five  thousand  dol- 
lars, to  be  recovered  by  action  or  indictment  in  any  court  of  com- 
petent jurisdiction. 

Sect.  11.  It  siiall  be  in  the  power  of  this  State  at  any  time  after 
the  expiration  of  fifteen  years,  from  opening  for  use  said  railroad, 
to  purchase  of  said  corporation  said  railroad,  and  all  the  franchises, 
property,  rights,  and  privileges  of  said  corporation,  by  paying  them 
therefor  a  sum  equal  in  amount  to  their  capital  expended,  and 
such  further  sum  as  with  the  net  income  by  them  received,  shall 
make  their  net  income  equal  to  eight  per  centum  on  said  capital 
annually. 

Sect.  12.  Nothing  in  this  Act  shall  be  so  construed  as  to  affect 
the  rights  of  any  railroad  corporation  heretofore  granted,  and  the 
legislature  may  at  any  time  hereafter  alter,  amend,  modify,  or 
repeal  this  Act,  or  any  of  its  provisions.     Approved^  June  19,  1844. 

Laws  of  1845,  Chap.  291. 

An  Act  in  amendment  of  the  Act  of  incorporation  of  the  Great  Falls  and  Conway 

E-ailroad. 

Sect.  1.  Be  it  enacted,  S)'c.  That  the  Great  Falls  and  Conway 
Railroad,  shall  be  empowered  to  locate,  construct,  and  finally  com- 
plete a  railroad,  beginning  at  the  Boston  and  Maine  Railroad  in 
Dover,  in  the  county  of  Strafford,  or  at  some  point  between  Dover 
and  Great  Falls,  thence  running  through  Rochester,  on  the  route 
granted  by  said  Act  of  incorporation. 

Sect.  2.  That  so  much  of  the  Act  to  incorporate  the  proprietors 
of  the  Great  Falls  and  Conway  Railroad,  as  compels  the  said  cor- 
poration to  begin  their  road  at  or  near  the  depot  of  the  Boston  and 
Maine  Railroad  in  Somers worth,  is  hereby  repealed. 

Sect.  3.  This  Act  shall  take  efilect  from  and  after  its  passage. 
Approved,  Jidy  2,  1845. 

Laws  of  1847,  Chap.  557. 

An  Act  in  amendment  of  an  Act  entitled  "  An  Act  to  incorporate  the  proprietors  of 
the  Great  Falls  and  Conway  Railroad." 

Sect.  1.  Be  it  enacted,  ^'c.  That  so  much  of  the  eighth  section 
of  the  Act  to  which  this  is  an  amendment,  as  requires  said  corpo- 

35* 


414  GREAT  FALLS  AND  CONWAY  RAILROAD. 

ration,  on  pain  of  the  forfeiture  of  their  charter,  to  have  expended 
the  sum  of  one  hundred  thousand  dollars  towards  the  completion 
of  said  road,  previous  to  the  first  day  of  September,  in  the  year  of 
our  Lord,  one  thousand  eight  hundred  and  forty-seven,  be  and  the 
same  is  hereby  repealed  :  Provided,  hoicever,  that  said  sum  of  one 
hundred  thousand  dollars  shall  have  been  so  expended,  previous  to 
the  first  day  of  September,  one  thousand  eight  hundred  and  fifty, 
otherwise  said  Act,  to  which  this  is  an  amendment,  shall  be  null 
and  void. 

Sect.  2.  This  Act  shall  take  eff'ect  from  and  after  its  passage. 
Approved,  July  2,  1847. 

Laws  of  1848,  Chap.  776. 

An  Act  in  addition  to  an  Act  entitled  "An  Act  to  incorporate  the  proprietors  of  the 

Great  Falls  and  Conway  R,aili-oad." 

Sect.  1.  Be  it  enacted,  <^'c.  That  the  Great  Falls  and  Conway 
Railroad  be,  and  it  hereby  is,  authorized  and  empowered  to  extend, 
construct,  and  complete  its  railroad  from  its  terminus  in  Somers- 
worth,  across  Salmon  Falls  River  to  the  line  of  the  State  of  Maine, 
at  such  point  in  said  Somersworth  above  the  head  of  tide  waters, 
as  shall  by  the  directors  of  said  corporation  be  found  most  for  the 
convenience  and  interest  of  the  public,  and  the  stockholders  thereof, 
and  there  unite  with  the  Great  Falls  and  South  Berwick  Branch 
Railroad  in  Maine. 

Sect.  2.  That  the  stockholders  of  the  Great  Falls  and  Conway 
Railroad  Corporation  in  New  Hampshire,  are  hereby  constituted 
stockholders  of  the  Great  Falls  and  South  Berwick  Branch  Rail- 
road Company,  a  body  corporate  and  politic,  duly  constituted  and 
existing  under  the  laws  of  the  State  of  Maine ;  and  the  stock- 
holders of  the  said  Great  Falls  and  South  Berwick  Branch  Rail- 
road Company  in  Maine,  are  hereby  constituted  stockholders  of 
the  said  Great  Falls  and  Conway  Railroad  in  New  Hampshire,  and 
the  said  two  corporations  are  hereby  made  one  corporation  by  the 
name  of  the  Portsmouth,  Great  Falls,  and  Conway  Railroad  Com- 
pany ;  and  all  the  franchises,  property,  powers,  and  privileges  guar- 
anteed or  acquired  under  the  authority  of  said  States  respectively, 
shall  be  held  and  enjoyed  by  all  the  said  stockholders,  in  propor- 
tion to  the  number  of  shares  or  amount  of  property  held  by  them 
respectively,  in  either  or  both  of  said  corporations  :  Provided, 
however,  That  in  case  the  Great  Falls  and  Conway  Railroad,  or 


NEW  HAMPSHIRE.  415 

/ 

the  Portsmouth,  Great  Falls,  and  Conway  Railroad,  shall  cross 
the  track  of  the  Cocheco  Railroad,  as  now  located  by  the  railroad 
commissioners,  it  shall  be  upon  such  terms  and  in  such  manner  as 
said  railroad  commissioners  may  prescribe,  unless  said  corporations 
shall  agree  upon  the  terms  and  manner  of  crossing. 

Sect.  3.  One  or  more  of  the  directors  of  said  Portsmouth,  Great 
Falls,  and  Conway  Railroad  Company,  shall  at  all  times  be  an 
inhabitant  of  this  State,  on  whom  process  against  said  company 
may  legally  be  served ;  and  the  said  company  shall  be  held  to 
answer  in  the  jurisdiction,  where  the  service  is  made  and  the  pro- 
cess is  returnable. 

Sect.  4.  The  said  company  and  the  stockholders  therein,  so  far 
as  this  road  is  situated  in  New  Hampshire,  shall  be  subject  to  all 
the  duties  and  liabilities  of  the  Great  Falls  and  Conway  Railroad, 
and  the  general  laws  of  this  State  regulating  corporations. 

Sect.  5.  This  Act  shall  not  take  effect  until  the  same,  and  also 
an  Act  of  the  Legislature  of  Maine,  authorizing  the  union  of  said 
corporations,  shall  have  been  accepted  by  the  stockholders  of  said 
two  corporations  respectively,  at  a  legal  meeting  called  for  that 
purpose. 

Sect.  6.  The  legislature  may  alter,  amend,  or  repeal  this  Act, 
whenever  in  their  opinion  the  public  good  shall  require  the  same. 
Approved,  December  30,  1S48. 

Laws  of  1849,  Chap.  911. 

An  Act  in  amendment  of  an  Act,  entitled  "  An  Act  to  incorporate  the  proprietors 
of  the  Great  Falls  and  Conway  Railroad." 

Sect.  1.  Be  it  enacted,  ^c.  That  the  time  for  completing  the 
Great  Falls  and  Conway  Railroad  be  and  the  same  hereby  is. 
extended  from  the  first  day  of  June,  in  the  year  of  our  Lord,  one 
thousand  eight  hundred  and  fifty,  to  the  first  day  of  June,  in  the 
year  of  our  Lord,  one  thousand  eight  hundred  and  fifty-five. 

Sect.  2.  All  Acts  and  parts  of  Acts,  inconsistent  with  the  pro- 
visions of  this  Act,  are  hereby  repealed. 

Sect.  3.  This  Act  shall  take  effect  from  and  after  its  passage. 
Approved,  June.27,  1849. 


416  GROTON   AND   NASHUA  RAILROAD   CORPORATION, 


GROTON   AXD   NASHUA  RAILROAD   CORPORATION. 
INCORPORATED    IN    NEW    HAMPSHIRE     IN    1844. 
Chap.  188  q/"  the  Laics  of  1844:  co7itains  the  Charter. 

Sect.  1  grants  corporate  powers. 

Sect.  2  describes  the  route  ;  it  authorizes  the  Company  to  connect  their  railroad  with 
the  Nashua  and  Lowell  Railroad,  to  receive  tolls,  to  lay  out  their  railroad  six  rods 
wide,  to  hold  real  and  personal  estate,  and  erect  bxiildings,  with  a  capital  stock  of 
$300,000. 

Sect.  3  authorizes  said  Company  to  construct  their  road  over  any  land  purchased 
by  them,  or  any  highway,  or  land  dedicated  to  the  public  in  the  town  of  Nashua ; 
provided  they  comply  with  the  Revised  Statutes,  and  said  to-mi  of  Nashua  assent, 
by  vote,  at  a  meeting  held  for  that  purpose. 

Sect.  4  establishes  the  mode  of  organization  ;  it  authorizes  a  division  of  the  stock  into 
shares  ;  making  assessments  not  exceeding  $100  on  each  share,  a  sale  of  shares,  if 
necessary,  to  pay  such  assessments,  framing  by-laws  not  repugnant  to  the  laws 
of  the  State,  and  appointing  officers  and  agents. 

Sect.  5  empowers  this  Company  to  enter  upon  and  use  the  Nashua  and  Lowell 
Raib-oad,  or  Concord  Railroad,  by  paying  therefor  rates  of  toll  prescribed  by 
the  Legislature,  and  complying  with  the  rules  of  said  Corporations ;  and  said 
Corporations  are  authorized  to  enter  upon  and  use  this  railroad ;  this  Company 
may  lease  to  the  Concord  Railroad  Company,  or  any  other  Company  using  that 
road,  the  right  to  use  this  road  for  any  term  of  years,  such  lease  being  approved 
by  the  Governor  and  subject  to  the  control  of  the  Legislature. 

Sect.  6  makes  it  the  duty  of  said  Corporations,  should  a  junction  with  this  be 
formed,  to  establish  proper  arrangements  to  accommodate  passengers  on  this  road. 

Sect.  7  provides  that  the  Legislature  may,  at  the  expiration  of  live  years,  reduce 
the  rates  of  toll  for  the  succeeding  five  years,  if  the  net  income  of  the  road  shall 
have  exceeded  8  per  cent,  on  its  cost,  so  as  to  take  off  the  surplus ;  and  thus  at  the 
end  of  each  term  of  five  years. 

Sect.  8  authorizes  any  executor,  administrator,  or  guardian,  to  sell  and  convey  lands 
for  their  respective  estates,  at  private  sale,  under  license  and  direction  of  the  Judge 
of  Probate  for  the  county. 

Sect.  9  requires  that  the  road  be  opened  for  use,  within  five  years,  or  this  Act  shall 
be  void. 

Sect.  10  provides  that  the  Legislature  may  amend  or  repeal  this  Act. 

Sect.  11  makes  this  Act  subject  to  the  provisions  of  the  Revised  Statutes,  respecting 
Railroads  and  Corporations. 

Chapter  288  of  the  Private  Acts  of  1845,  contains  «w  Act  to  unite  tlie  Worcester  and 
Nashua  Railroad  Company,  incorporated  in  Massachusetts,  and  the  Groton  and  Nashtia 
Railroad  Corporation. 

Sect.  1  provides  that  the  two  Corporations  may  unite,  the  stockholders  of  one  being 
the  stockholders  of  the  other,  under  the  name  of  the  first  mentioned  Company. 


NEW   HAMPSHIRE.  417 

Sect.  2  provides  that  one  or  more  of  the  Duectors  shall  reside  in  this  State. 

Sect.  3  requires  that  they  keep  separate  accounts  of  expenditures  in  each  State, 
and  that  one  commissioner  be  appointed  by  the  Governor  of  each  State,  to  appor- 
tion the  receipts  and  expenditures,  and  approve  the  annual  report. 

Sect.  4  subjects  that  part  of  the  road  within  this  State,  to  the  provisions  of  the  Act 
of  incorporation,  as  if  no  union  had  been  made. 

Sect.  5  provides  that  this  Act  shall  be  in  force,  when  it  is  accepted  by  each  Corpo- 
ration. 


Laws  of  18U,  Chap.  188. 
An  Act  to  incorporate  the  Groton  and  Nashua  Railroad  Corporation. 

Sect.  1.  Be  it  enacted,  ($^c.  That  Benjamin  M.  Farley,  Jesse 
Estey,  Ebenezer  Dearborn,  George  Y.  Sawyer,  Bernard  Whit- 
temore,  William  D.  Beasom,  William  W.  Parker,  Elijah  Colburn, 
Israel  Hunt,  jr.,  Thomas  Chase,  Peter  Clark,  and  their  associates, 
and  successors,  be  and  they  hereby  are  made  a  corporation,  by  the 
name  of  the  Groton  and  Nashua  Railroad  Corporation  ;  and  by  that 
name  may  sue  and  be  sued,  and  shall  be  and  hereby  are  vested 
with  all  the  powers  and  privileges,  and  subject  to  all  the  liabilities, 
which  by  law  are  incident  to  corporations  of  a  similar  nature. 

Sect.  2.  Said  corporation  is  hereby  empowered  to  locate,  con- 
struct, and  keep  in  repair  a  railroad,  from  any  pohit  in  the  southern 
boundary  line  of  this  State,  between  the  Nashua  River  on  the  west 
and  the  northeast  corner  of  the  town  of  Dunstable,  in  the  Com- 
monwealth of  Massachusetts,  on  the  east,  within  one  hundred  rods 
of  Nashua  River ;  thence  uniting  with  any  railroad,  that  may  be 
constructed  from  said  southern  boundary  line  to  any  point  in  said 
Commonwealth,  at  any  point  not  farther  east  than  the  eastern 
boundary  of  the  town  of  Groton,  and  from  said  point  in  said 
southern  boundary  line,  between  the  limits  aforesaid,  running  in  a 
northerly  or  northeasterly  direction,  through  the  town  of  Nashua, 
in  the  county  of  Hillsborough,  to  any  convenient  point  in  the 
village  in  said  Nashua,  or  in  the  town  of  Nashville,  in  said  county 
of  Hillsborough,  with  the  right  to  connect  said  railroad  with  the 
Nashua  and  Lowell  Railroad,  or  with  the  Concord  Railroad,  at 
some  point  between  Salmon  Brook,  in  said  Nashua,  on  the  south, 
and  Pennychuck  Brook  on  the  north  ;  and  to  take  toll  for  all  passen- 
gers and  freight  that  may  be  conveyed  or  transported  thereon ;  and 
for  that  purpose  said  corporation,  hereby  created,  may  lay  out  their 
said  railroad  not  over  six  rods  wide,  and  may  purchase,  hold,  im- 


418  GROTON    AND    NASHUA    RAILROAD    CORPORATION. 

prove,  and  convey,  real  and  personal  estate  of  every  kind,  and  erect 
thereon  depots,  storehouses,  toll  houses,  and  other  buildings,  as 
they  may  think  proper ;  and  the  capital  stock  of  said  corporation 
shall  not  exceed  three  hundred  thousand  dollars. 

Sect.  3.  Said  corporation  is  hereby  authorized  to  lay  out  and 
construct  their  said  railroad,  over  and  across  any  land  purchased  by 
them  as  aforesaid,  and  across,  over  and  along  any  public  highway 
now  existing,  or  any  land  now  dedicated  by  the  owner  thereof  to 
the  public  for  a  highway,  within  said  town  of  Nashua ;  provided, 
that,  in  addition  to  a  compliance  with  the  Revised  Statutes,  the 
assent  of  said  town  of  Nashua  be  given  thereto,  by  vote  of  the 
town,  at  any  meeting  called  for  that  purpose. 

Sect.  4.  The  said  Benjamin  M.  Farley,  Jesse  Estey,  Ebenezer 
Dearborn,  and  George  Y.  Sawyer,  or  any  three  of  them,  may  call 
the  first  meeting  of  said  corporation,  by  publishing  previous  notice 
thereof,  for  two  weeks  successively,  in  one  or  more  of  the  news- 
papers published  in  said  Nashua,  and  at  said  meeting  a  clerk  shall 
be  chosen  ;  and  at  the  same  or  any  subsequent  meeting,  duly 
holden,  the  members  of  said  corporation  may  prescribe  the  time 
and  manner  of  calling,  holding,  and  conducting  future  meetings, 
may  divide  their  capital  stock,  or  such  portion  thereof  as  they  may 
deem  sufficient  for  the  time  being,  into  shares,  and  provide  for 
making  assessments  on  said  shares  from  time  to  time,  as  occasion 
may  require,  not  exceeding  one  hundred  dollars  on  a  share,  for 
which  assessments,  the  shares  shall  be  holden,  and  may  be  sold 
agreeably  to  the  provisions  of  the  by-laws;  may  adopt  such  by- 
laws for  the  government  of  the  corporation  and  for  the  manage- 
ment of  its  concerns,  as  may  be  deemed  expedient,  not  repugnant 
to  the  constitution  and  laws  of  this  State;  may  appoint  such 
officers,  agents,  and  servants  as  they  may  deem  necessary,  and 
may  do  any  other  thing  relating  to  the  business  and  concerns  of 
said  corporation. 

Sect.  5.  The  said  corporation  shall  have  the  right  to  enter 
with  their  railroad,  upon  the  Nashua  and  Lowell  Railroad  or  the 
Concord  Railroad,  at  any  convenient  point  within  the  limits  afore- 
said, and  to  use  said  road  or  any  part  thereof,  paying  therefor  such 
a  rate  of  toll,  as  the  legislature  may  from  time  to  time  prescribe, 
and  complying  with  such  rules  and  regulations  as  may  be  estab- 
lished by  said  Nashua  and  Lowell,  and  Concord  Railroad  Corpora- 
tions ;  and  the  said  Nashua  and  Lowell  Railroad,  and  the  Concord 
Railroad  Corporation  shall  be,  and  they  hereby  are  authorized  to 


NEW    HAMPSHIRE.  419 

enter  upon,  and  use  the  road  hereby  granted,  or  any  part  thereof,  on 
the  same  terms  ;  and  the  said  corporation  hereby  created  are  autho- 
rized and  empowered,  to  lease  their  raih'oad  for  any  term  of  years 
to  the  Concord  Railroad  Corporation,  or  to  any  other  railroad  corpo- 
ration entering  upon  and  using  said  Concord  Railroad,  upon  such 
terms  and  conditions  as  may  be  agreed  upon ;  provided,  Itou-ever, 
that  no  such  lease  shall  be  valid,  unless  it  be  approved  by  the 
governor  and  council  of  this  State  for  the  time  being ;  jjrovided, 
farther,  that  all  such  arrangements  shall  be  subject  to  the  control 
and  supervision  of  the  legislature. 

Sect.  6.  If  the  corporation  hereby  created  shall  enter  with  their 
road,  upon  the  said  Nashua  and  Lowell  Railroad,  or  upon  the  said 
Concord  Railroad  as  aforesaid,  it  shall  be  the  duty  of  the  said  Con- 
cord Railroad  Corporation,  and  of  said  Nashua  and  Lowell  Railroad 
Corporation,  to  make  all  necessary  and  proper  arrangements  for 
stopping  their  respective  cars  running  on  their  roads,  by  the  junc- 
tion of  said  Groton  and  Nashua  Railroad  therewith,  whenever  any 
passenger  in  their  said  cars  may  request  to  be  left  at  said  junction, 
to  be  conveyed  on  said  Groton  and  Nashua  Railroad,  and  also 
whenever  any  person,  arriving  at  said  junction,  by  the  cars  running 
on  said  Groton  and  Nashua  road,  may  desire  to  be  received  there 
into  said  cars  of  the  Concord  or  Nashua  and  Lowell  Railroad,  to  be 
conveyed  upon  said  roads,  and  to  stop  their  said  cars  at  said  junc- 
tion accordmgly,  for  the  due  accommodation  of  all  passengers  on 
said  Groton  and  Nashua  road. 

Sect.  7.  If,  after  the  expiration  of  five  years  from  and  after  the 
completion  of  said  road,  the  net  income  or  receipt  of  the  tolls  and 
other  profits,  taking  said  five  years  as  the  basis  of  calculation,  shall 
have  amounted  to  more  than  eight  per  cent,  per  annum  upon  the 
total  cost  of  the  road,  including  the  repairs  and  all  expenses  inci- 
dent thereto,  the  legislature  may  take  measures  to  alter  and  reduce 
the  rates  of  toll  and  profit  in  such  manner,  as  to  take  off"  the  surplus 
for  the  next  five  years,  calculating  the  amount  of  transportation 
upon  said  road  to  be  the  same  as  for  the  five  preceding  years ;  and 
at  the  expiration  of  every  five  years  thereafter  the  same  proceed- 
ings may  be  had. 

Sect.  8.  Each  and  every  executor,  administrator,  or  guardian 
now  in  commission,  or  who  may  be  hereafter  appointed,  are  hereby 
authorized  and  empowered  to  sell  and  convey  any  land  or  lands, 
necessary  for  the  construction  of  the  railroad  hereby  granted,  be- 
longing  to    the  estates    they  respectively  represent  in  their   said 


420      GEOTOX  AND  NASHUA  RAILROAD  CORPORATION. 

capacities,  at  private  sale,  under  the  license  and  direction  of  tlie 
judge  of  probate  for  the  county  where  said  executor,  administrator, 
or  guardian  may  reside. 

Sect.  9.  If  the  railroad  hereby  granted  shall  not  be  so  far  com- 
pleted, as  to  be  opened  for  use  within  five  years  from  the  passage 
of  this  Act,  then  this  Act  shall  be  void. 

Sect.  10.  The  legislature  may  at  any  time  modify,  amend,  or 
repeal  this  Act,  or  any  of  its  provisions. 

Sect.  II.  That  this  Act  shall  be  construed  and  taken  as  subject 
to  all  the  provisions  and  restrictions  of  the  Revised  Statutes,  in  re- 
lation to  corporations  and  railroads.     App?'oi'ed,  December  2-^^  1844. 

Laws  of  1845,  Chap.  288. 

An  Act  to  unite  the  Worcester  and  Nashua  Railroad  Company  and  the  Groton  and 

Nashua  Railroad  Corporation. 

Sect.  1.  Be  it  enacted^  6^*0.  That  the  Groton  and  Nashua  Rail- 
road Corporation  are  hereby  authorized  to  unite  with  the  Worces- 
ter and  Nashua  Railroad  Company,  (which  was  incorporated  by 
the  legislature  of  Massachusetts  to  build  a  road  from  Worcester  to 
the  state  line  at  the  southern  terminus  of  said  Groton  and  Nashua 
Railroad,)  and  when  the  two  companies  shall  have  so  united,  the 
stockholders  of  the  one  company  shall  become  the  stockholders  of 
the  other  company,  and  the  two  companies  shall  constitute  one 
corporation,  by  the  name  of  the  Worcester  and  Nashua  Railroad 
Company,  and  the  franchise,  property,  and  power  acquired  under 
the  authority  of  said  States  respectively,  shall  be  held  and  enjoyed 
by  all  the  stockholders,  in  proportion  to  the  number  of  shares  or 
amount  of  property  held  by  them  respectively,  in  either  or  both  of 
said  corporations. 

Sect.  2.  One  or  more  of  the  directors  of  said  united  corpora- 
tions shall  at  all  times  be  an  inhabitant  of  this  State,  on  whom 
process  against  said  company  may  be  legally  served,  and  said 
company  shall  be  held  to  answer  in  the  jurisdiction,  where  the  ser- 
vice is  made  and  the  process  is  returnable. 

Sect.  3.  Said  company  shall  keep  separate  accounts  of  their 
expenditures  in  Massachusetts  and  New  Hampshire  respectively, 
and  two  commissioners  shall  be  appointed,  one  by  the  governor  of 
each  State,  to  hold  their  offices  for  the  term  of  three  years,  and  to 
be  reasonably  compensated  by  said  company,  who  shall  decide 
what  portion  of  all  expenditures  of  said  company  and  of  its  receipts, 


NEW   HAMPSHIRE.  421 

and  profits  properly  pertain  to  that  part  of  the  road  lymg  in  Mas- 
sachusetts and  in  New  Hampshire  respectively  ;  and  the  annual 
report  required  to  be  made  to  the  legislature  of  this  State,  shall  be 
approved  by  the  commissioners. 

Sect.  4.  Said  company,  and  the  stockholders  therein,  so  far  as 
their  road  shall  be  situated  in  this  State,  shall  be  subject  to  all  the 
duties  and  liabilities  of  the  Groton  and  Nashua  Railroad  Corpora- 
tion, created  by  the  Act  incorporating  said  company,  and  the  laws 
of  the  State,  to  the  same  extent  that  the  Groton  and  Nashua  Rail- 
road Corporation  would  have  been  liable,  if  no  union  had  taken 
place. 

Sect.  5.  Whereas,  the  legislature  of  Massachusetts  have  enacted. 
in  the  charter  of  the  Worcester  and  Nashua  Railroad  Company, 
provisions  substantially  similar  to  those  herein  contained,  author- 
izing the  union  of  said  two  corporations,  this  Act  shall  be  in  force 
when  the  same  shall  have  been  accepted  by  the  stockholders  of 
each  and  both  of  said  corporations,  at  a  meeting  to  be  called  for 
that  purpose.     Apj)7'oved,  June  26,  1845. 


COLEBROOK  RAILROAD  COMPANY. 

INCORPORATED    IN    NEW    HAMPSHIRE    IN    1 844. 

Chapter  189  o/"  the  Private  Acts- of  1844  contains  the  Charter. 

Sect.  1  grants  corporate  powers,  and  limits  the  amount  of  real  estate  to  be  held  by 
the  Company,  except  for  procuring  stone,  sand,  and  gravel,  to  5  per  cent,  on  the 
capital  stock. 

Sect.  2  describes  the  route,  authorizes  the  building  of  bridges  across  the  Connecti- 
cut and  Androscoggin  Rivers,  so  as  not  to  impede  navigation,  and  requires  the 
Company  to  keep  said  bridges  in  repair,  and  to  run  their  cars  each  waj'  at  least 
once  a  day,  excepting  Sundays. 

Sect.  3  divides  the  capital  stock  into  10,000  shares,  vests  the  government  in  seven 
directors,  a  majority  of  whom  shall  form  a  quorum,  and  provides  for  the  choice  of 
other  officers. 

Sect.  4  grants  a  toll  to  the  Corporation,  provided  they  pay  into  the  State  treasury, 
each  year,  the"  excess,  if  any,  of  the  net  receipts  of  the  road  over  10  per  cent,  on 
its  cost. 

Sect.  5  defines  the  powers  and  duties  of  the  officers,  authorizes  making  equal 
assessments  on  the  shares,  and  a  sale  of  shares  where  the  holders,  after  notice,  fail 
to  pay  such  assessments,  limits  assessments  to  f  100  on  each  share,  and  provides 
that  new  shares  may  be  created  if  necessary,  to  be  divided  proportionably  among 
the  original  stockholders. 

Sect.  6  establishes  the  mode  of  crossing  any  private  way,  highway,  or  canal,  giving 

36 


422  COLEBROOK   RAILROAD    COMPAXY. 

to  any  party  or  town  aggrieved  a  right  of  action,  to  be  commenced  within  two 
years  from  the  obstruction ;  requiring  that  they  make  alterations  necessary  in  the 
opinion  of  the  County  Commissioners,  in  crossing  highways  or  turnpikes,  at  the 
request  of  the  Selectmen  of  any  town  or  proprietors  of  any  turnpike,  on  neglect  or 
refusal  of  which,  they  shall  be  liable  to  an  action  for  damages  ;  and  further,  that 
they  erect  and  maintain  a  bridge  over,  or  gates  on  each  side  of,  a  highway  which 
they  cross  or  intersect,  and  all  other  bridges,  in  default  thereof  being  liable  in  dam- 
ages. 

Sect.  7  requires  that  one  half  of  the  capital  stock  be  subscribed  for  and  the  company 
organized  before  December  1,  1850,  and  $100,000  be  expended  towards  the  con- 
struction of  the  road  before  December  1,  1852,  or  this  Act  shall  be  null  and  void ; 
and  that  it  shall  be  null  and  void  as  to  every  part  not  completed  and  fit  for  use 
before  December  1,  1854. 

Sect.  8  appoints  the  time  of  the  annual  meeting,  when  seven  directors  shall  be 
chosen,  authorizes  special  meetings  to  be  called,  if  necessary,  and  diiects  the  man- 
ner of  organizing  the  Company. 

Sect.  9  provides  that  the  expenses  heretofore  incurred  and  to  be  incurred  in  procur- 
ing this  Act,  shall,  being  first  audited  by  the  Directors,  constitute  a  vahd  charge 
against  the  Corporation. 

Sect.  10  makes  this  Act  subject  to  the  provisions  of  the  Revised  Statutes,  and  of 
"  An  Act  to  render  Railroad  Corporations  public  in  certain  cases,"  &c.  when 
accepted  by  this  Company. 

Sect.  1 1  requires  that  every  officer  or  conductor  shall  be  a  citizen,  and  resident  in 
the  United  States. 

Sect.  12  reserves  to  the  Legislature  the  right  to  alter  or  repeal  this  Act. 

Sect.  13  enacts  that  this  Act  shall  take  effect  from  its  passage. 


Laws  of  1844,  Chap.  189. 

An  Act  to  incorporate  the  Colebrook  RaUroad. 

Sect.  1.  Be  it  enacted,  ^'c.  That  Hezekiah  Pearsons,  Frederick 
G.  Messer,  Albert  Pitkin,  Moses  Johnson,  Augustus  Harris,  Charles 
H.  Thompson,  Abner  Norcott,  James  M.  Hilliard,  Samuel  Da- 
vidson, Milton  Harvey,  Samuel  B.  Parsons,  George  Parsons,  and 
Harvey  Hobart,  their  associates,  successors,  and  assigns,  shall  be 
and  hereby  are  made  a  body  politic  and  corporate,  by  the  name  of 
the  Colebrook  Railroad  Company,  and  by  that  name  may  sue  and  be 
sued,  prosecute  and  be  prosecuted  to  final  judgment  and  execution, 
and  hereby  are  vested  with  all  the  powers  necessary  and  proper  to 
earry  into  effect  the  purposes  and  objects  of  this  Act ;  but  shall 
hold  no  more  real  estate  at  any  one  time,  exclusive  of  that  within 
the  limits  of  the  road  and  land  purchased  to  procure  stone,  sand, 
and  gravel,  than  shall  be  worth,  at  the  time  of  purchase,  five  per 
cent,  of  the  capital  stock  of  the  corporation. 


NEW    HAMPSHIRE.  423 

Sect.  2.  That  the  said  corporation  are  hereby  aiUhorized  and  em- 
powered to  construct  and  finally  complete  for  public  use,  and  keep 
in  use  a  railroad,  beginning  at  any  point  on  the  east  line  of  the 
State,  where  the  contemplated  railroad  from  Portland,  in  Maine,  to 
Montreal,  in  Canada,  shall  meet  the  same  ;  and  thence  in  continu- 
ation and  extension  of  the  said  contemplated  railroad,  passing  in 
its  course  through  the  towns  of  Dixville  and  Colebrook,  in  the 
county  of  Coos,  to  the  line  of  the  State  of  Vermont,  And  they  are 
hereby  authorized  and  empowered  to  construct  a  bridge  or  bridges 
across  the  waters  of  the  Connecticut  and  Androscoggin  Rivers,  and 
all  other  waters  necessary  to  pass  ;  provided  said  bridge  or  bridges 
shall  be  so  constructed  as  not  unnecessarily  to  impede  the  naviga- 
tion of  said  rivers  or  waters.  And  said  corporation  are  required  to 
keep  said  road  and  bridge  or  bridges  in  good  repair,  and  provide 
suitable  and  proper  engines  and  cars  for  the  conveyance  of  passen- 
gers and  property  over  the  said  road,  and  cause  the  said  engines 
and  cars  to  be  run  each  way  at  least  once  a  day,  Sundays  excepted, 
to  accommodate  the  public  travel  and  transportation,  except  when 
prevented  by  unavoidable  accidents  and  contingencies. 

Sect.  3.  The  capital  stock  of  said  corporation  shall  consist  of 
ten  thousand  shares,  and  the  immediate  government  and  direction 
of  the  affairs  thereof  shall  be  vested  in  seven  directors,  who  shall 
be  chosen  by  the  members  or  stockholders  in  the  manner  hereinaf- 
ter provided,  and  shall  hold  their  offices  until  others  shall  be  duly 
elected  and  qualified  to  take  their  places  as  directors.  And  the 
said  directors,  a  majority  of  whom  shall  form  a  quorum  for  the 
transaction  of  business,  shall  elect  one  of  their  own  number  to  be 
president  of  the  board,  who  shall  also  be  president  of  the  company, 
and  they  shall  have  authority  to  choose  a  clerk,  who  shall  be  sworn 
to  the  faithful  discharge  of  his  duty,  and  they  shall  also  have 
authority  to  choose  a  treasurer,  who  shall  give  bonds  to  the  corpo- 
ration, with  sureties  to  the  satisfaction  of  the  directors,  in  a  sum 
not  less  than  thirty  thousand  dollars,  for  the  faithful  discharge  of 
his  trust,  and  such  other  agents  and  servants  as  shall  from  time  to 
time  be  necessary. 

Sect.  4.  A  toll  is  hereby  granted  to  the  corporation,  for  their 
benefit,  on  all  passengers  and  property  which  may  be  conveyed  on 
said  railroad,  at  such  rates  as  may  be  from  time  to  time  agreed  on 
by  the  directors  ;  provided,  that  in  any  and  every  year,  when  their 
net  receipts  shall  amount  to  a  sum  making,  with  the  prior  net 
receipts  of  the  corporation,  more  than  an  average  of  ten  per  cent. 


424  COLEBROOK   RAILROAD    COMPANY. 

per  annum,  from  the  commencement  of  their  operations,  the  excess 
shall  be  paid  into  the  treasury  of  this  State,  until  otherwise  directed 
by  the  legislature  ;  and  the  directors  are  hereby  authorized  to  erect 
toll  houses  and  houses  for  the  deposit  of  merchandise,  and  demand 
and  receive  toll  upon  the  road  when  completed,  and  upon  such 
parts  thereof  as  shall  from  time  to  tmie  be  completed. 

Sect.  5.  The  president   and   directors  for  the   time  being  are 
authorized  and  empowered,  by  themselves  or  their  agents,  to  exer- 
cise all  the  powers  herein  granted  to  the  corporation,  for  the  pur- 
pose of  constructing    and  completing  said  railroad,  and   for  the 
transportation  of  persons,  goods,  and  merchandise  thereon,  and  all 
such  other  powers  and  authority  for  the  management  of  the  affairs 
of  the  corporation,  not  heretofore  granted,  as  may  be  necessary  and 
proper  to  carry  into  effect  the  object  of  this  grant ;  to  purchase  lands, 
materials,  engines,  cars,  and  other  necessary  things  in  the  name  of 
the  corporation,  for  the  use  of  said  railroad,  and  for  the  transporta- 
tion of  persons,  goods,  and  merchandise  ;  to  make  such  equal  assess- 
ments from  time  to  time  on  all  the  shares  in  said  corporation,  as 
they  may  deem  expedient  and   necessary,  in  the  execution  and 
progress  of  the  work,  and  direct  the  same  to  be  paid  to  the  treas- 
urer of  the  corporation  ;  and  the  treasurer  shall  give  notice  of  such 
assessments.     And  if  any  subscriber  shall  neglect,  for  sixty  days 
after  such  notice,  to  pay  his  assessments,  the  directors  may  order 
the  treasurer  to  sell  his  share  or  shares  at  public  auction,  due  notice 
thereof  being  given,  to  the  highest  bidder,   and  the  same  shall  be 
transferred  to  the  purchaser.     And  such  delinquent  subscriber  shall 
be  held  accountable  to  the  corporation  for  the  balance  of  [if?]  his 
share  or  shares  shall  sell  for  less  than  the  assessments  due  thereon, 
with  interest  and  costs  of  sale,   and  shall  be  entitled  to  the  over- 
plus, if  any  there  be;  provided,  that  no  assessment  shall  be  laid  on 
any  share  of  a  greater  amount  than  one  hundred  dollars,  in  the 
whole,  on  each  share.     And  if  a  greater  amount  of  money  shall  be 
necessary,  it  shall  be  raised  by  creating  new  shares,  giving  the 
stockholders  in  the  corporation  the  right  to  take  said  shares,  in  pro- 
portion to  the  shares  by  them  respectively  owned  in  said  corpora- 
tion. 

Sect.  6.  If  the  said  railroad  in  the  course  thereof,  shall  inter- 
sect or  cross  any  private  way,  the  said  corporation  shall  so  con- 
struct said  railroad  as  not  to  obstruct  the  safe  and  convenient 
use  of  such  private  way;  and  if  said  railroad  shall  not  be  so  con- 
structed, the  party  aggrieved  shall  be  entitled  to  his  action  on  the 


NEW   HAMPSHIRE.  425 

case,  and  shall  recover  reasonable  damages  for  such  injury ;  but 
no  action  shall  be  commenced  after  the  expiration  of  two  years 
from  the  obstruction  aforesaid.     And  if  the  said  railroad  shall,  in 
the  course  thereof  intersect  or  cross  any  canal,  turnpike,  or  other 
highway,  the  said  railroad  shall  be  so  constructed  as  not  to  impede 
or  obstruct  the  safe  and  convenient  use  of  such  canal,  turnpike,  or 
other  highway.      And  the   corporation  shall  have  the  power  to 
raise  or  lower  such  turnpike,  highway,  or  private  way,  so  that  the 
railroad,  if  necessary,  may  conveniently  pass  under  or  over  the 
same  ;  and  if  said  corporation  shall  raise  or  lower  any  such  turn- 
pike, highway,  or  private  way,  and  shall  not  so  raise  or  lower  the 
same  as  to  be  satisfactory  to  the  proprietors  of  such  turnpike,  or  to 
the  selectmen  of  the  town  in  which  such  highway  or  private  way 
may  be  situated,  as  the  case  may  be,  said  proprietors  or  selectmen 
may   require  in   writing   of  said  corporation,    such    alteration  or 
amendment  as  they  may  think  necessary.     And   if  the  required 
alteration  or  amendment  be  reasonable  and  proper,  in  the  written 
opinion  of  the  road  commissioners  for  the  county  in  which  such 
alteration  or  amendment  is  proposed,  and  the  said  corporation  shall 
imnecessarily  and  unreasonably  neglect  to  make  the  same,  such 
proprietors  or  stockholders,  as  the  case  may  be,  may  proceed  to 
make  such  alteration  or  amendment,  and  may  institute  and  pros- 
ecute  to  final  judgment   and  execution   any   action  on  the  case 
against  said  corporation,  and  shall  thereupon  recover  reasonable 
damages,  for  all  charges,  disbursements,  labor,  and  services  occa- 
sioned by  making  such  alteration  or  amendments,  with  cost  of  suit. 
And  whenever  said  railroad  shall  intersect  or  cross  any  highway, 
the  board  of  road  commissioners  within  the  county,  on  notice  given, 
and  hearing  had  for  that  purpose,  may  direct  that  such  place  of 
crossing  or  intersection  shall  be  secured  by  a  bridge  over  said  rail- 
road, or  by  the  erection  of  gates  on  both  sides  of  said  road,  should 
either,  in  tlieir  opinion,  be  essential  to  the  public  safety;  and  such 
power  shall  be  vested  solely  in  the  road  commissioners.     And  the 
said  company  shall  constantly  maintain  in  good  repair  all  bridges, 
with  their  abutments  and  embankments,  which  they  may  construct 
for  the  purpose  of  conducting  said  road  over  any  turnpike,  pri- 
vate way,  or  highway,  or  for  conducting  such  turnpike,  private 
way,   or  highway  over  [said  ?J  railroad  ;   and   in  default  thereof, 
shall  be  hable,  in  an  action  on  the  case,  to  refund  in  damages  to 
any  party  aggrieved. 

Sect.  7.  Unless  one  half  of  the  capital  stock  above  specified 

36* 


426  COLEBROOK    RAILROAD    COMPANY. 

shall  be  subscribed  for,  and  the  corporation  organized  before  the 
first  day  of  December,  in  the  year  of  our  Lord  one  thousand  eight 
hundred  and  fifty,  and  the  sum  of  one  hundred  thousand  dollars 
shall  have  been  expended  toward  the  construction  of  said  railroad 
before  the  first  day  of  December,  in  the  year  of  our  Lord  one  thou- 
sand eight  hundred  and  fifty-two,  this  Act  shall  be  null  and  void. 
And  this  Act  shall  be  null  and  void  as  to  any  and  every  portion  of 
said  railroad,  which  shall  not  be  completed  and  fit  for  use  on  or 
before  the  first  day  of  December,  one  thousand  eight  hundred  and 
fifty-four. 

Sect.  8.  The  annual  meeting  of  the  members  or  stockholders 
of  the  corporation  shall  be  holden  on  the  day  prescribed  by  the 
by-laws,  and  at  such  place  in  this  State  as  the  directors  for  the 
time  being  shall  appoint,  or  as  the  by-laws  shall  prescribe,  at  which 
meeting  seven  directors  shall  be  chosen  by  ballot.  The  directors 
may  call  special  meetings  of  the  stockholders  whenever  they  shall 
deem  it  expedient,  giving  such  notice  as  the  corporation,  by  their 
by-laws  shall  direct.  And  any  three  of  the  five  persons  first  named 
in  this  Act,  may  call  the  first  meeting  of  the  corporation,  by  a 
notice  published  two  weeks  successively  in  the  Coos  County 
Democrat,  printed  at  Lancaster,  at  which  meeting  associates  may 
be  admitted,  and  a  president,  clerk,  and  such  other  officers,  and 
such  agents  and  committees  may  be  chosen  or  appointed,  as  may 
be  deemed  necessary  to  carry  into  effect  the  objects  of  this  Act,  who 
shall  hold  their  offices  until  such  time  as  a  board  of  directors  shall 
be  chosen. 

Sect.  9.  The  expenses  heretofore  incurred  in  making  surveys 
and  accomplishing  other  purposes  in  relation  to  said  railroad,  and 
suitable  compensation  for  time  and  expenses  in  procuring  this  Act, 
the  claims  being  first  audited  and  allowed  by  the  directors,  shall 
constitute  a  valid  charge  against  the  corporation,  and  be  allowed 
in  discharge  of  assessments  on  shares. 

Sect.  10.  This  corporation  shall  hold  and  enjoy  the  privileges 
and  franchises  herein  granted,  subject  to  the  laws  in  relation  to 
corporations  and  railroads  as  they  now  stand  in  the  Revised  Stat- 
utes, except  so  far  as  said  laws  have  been  modified  or  amended, 
and  so  long  as  said  laws  shall  remain  in  force,  and  subject  to  the 
provisions  of  "An  Act  to  render  railroad  corporations  public  in 
certain  cases,  and  constituting  a  board  of  railroad  commissioners." 
upon  the  acceptance  of  the  same  by  said  corporation. 

Sect.  11.  That  no  person  who  is  not  a  citizen  of  the  United 


NEW   HAMPSHIRE.  427 

States,  and  who  shall  not  be  living  within  the  jurisdiction  of  the 
same,  shall  ever  be  an  officer  or  conductor  of  this  corporation. 

Sect.  12.  The  legislature  may  alter,  amend,  or  modify  the  pro- 
visions of  this  Act,  or  repeal  the  same,  notice  being  given  to  the 
corporation  and  an  opportunity  to  be  heard. 

Sect.  13.  This  Act  shall  take  effect  upon  the  passage  thereof. 
Approved^  Dec.  27,  1844. 


BOSTON,   CONCORD,   AND    MONTREAL   RAILROAD. 

INCORPORATED    IN    NEW    HAMPSHIRE    IN    1844. 

Chapter  191  o/"  the  Private  Acts  of  1844  contains  the  charter. 

Sect.  1  grants  corporate  powers,  providing  that  they  shall  not  hold  real  estate, 
except  that  within  the  limits  of  the  road  and  for  its  construction,  exceeding  5  per 
cent,  on  its  capital  stock. 

Sect.  2  describes  the  route,  and  authorizes  this  road  to  enter  upon  the  Northern 
Railroad,  if  that  be  first  constructed,  or  that  to  enter  upon  this,  if  this  be  first 
constructed ;  also  to  build,  for  their  sole  use,  bridges  across  the  Connecticut  or 
Merrimac  Rivers,  so  as  not  to  impede  navigation  ;  and  they  are  required  to  keep 
said  bridges  and  railroad  in  good  repair,  and  to  run  proj)er  engines  and  cars  each 
way,  at  least  once  a  day,  Sundays  excepted. 

Sect.  3  provides  that  the  capital  stock  shall  consist  of  15,000  shares,  that  the  number 
of  Directors  shall  be  seven,  a  majority  of  whom  shall  constitute  a  quorum,  and 
directs  the  mode  of  choosing  officers. 

Sect.  4  grants  a  toll  to  the  corporation,  provided  they  pay,  each  year,  the  excess,  if 
any,  of  the  net  receipts  of  the  road  over  10  per  cent,  on  the  capital  stock. 

Sect.  5  defines  the  powers  and  duties  of  the  ofiicers,  and  authorizes  making  equal 
assessments  to  the  extent  of  ^100  on  each  share,  a  sale  of  shares  for  non-payment 
thereof,  after  notice,  and  creating  new  shares,  if  necessary,  to  be  distributed  propor- 
tionally among  the  original  stockholders. 

Sect.  6  directs  the  manner  of  crossing  any  jjrivate  way,  highway,  turnpike,  or  canal, 
giving  any  party  aggrieved  a  right  of  action,  to  be  commenced  within  two  years 
from  the  time  of  the  obstruction ;  requires  that  they  make  alterations,  necessary  in 
the  opinion  of  the  County  Commissioners,  in  crossing  highways,  or  turnpikes,  at 
the  request  of  the  Selectmen  of  any  town  or  the  proprietors  of  any  turnpike,  in 
neglect  or  default  of  which,  they  shall  be  liable  to  an  action  for  damages ;  and 
that  they  erect  and  maiatain  a  bridge  over,  or  gates  on  each  side  of,  a  highway 
which  they  cross  or  intersect,  and  all  other  bridges ;  in  default  thereof  being  liable 
in  damages. 

Sect.  7  requires  that  one  haK  of  the  capital  stock  be  subscribed  for,  the  Corporation 
organized,  and  the  sum  of  $100,000  expended  in  its  construction  before  December 
1,  1850,  or  this  Act  shall  be  null  and  void ;  and  provides  that  it  shall  be  null  and 
void  as  to  every  part  not  completed  for  use  before  December  1,  1855. 


428  BOSTON,    CONCORD,    AND    MONTREAL    RAILROAD. 

Sect.  8  appoints  the  time  of  the  annual  meeting  and  the  manner  of  choosing  Diiect- 

ors,  authorizes  them  to  call  special  meetmgs,  if  necessary,  and  establishes  the 

mode  of  organizing  the  Company. 
Sect.  9  empowers  the  Corporation  to  make  by-laws  and  regulations,  not  repugnant 

to  the  laws  of  the  State. 
Sect.  10  provides  that,  if  this  road  be  located  on  a  certain  route,  known  as  the  Olive- 

rian  route,    $1000  shall  be  paid,   as  compensation,  to  one  McDuiFee ;    and  in 

default  thereof,  he  may  mamtain  an  action  for  that  sum. 
Sect.  11  subjects  this  Act  to  the  provisions  of  the  Revised  Statutes. 
Sect.  12  reserves  to  the  Legislature  the  right  to  amend  or  repeal  this  Act. 
Sect.  13  provides  that  every  officer  or  conductor  employed  by  the  Company,  shall 

be  a  citizen,  and  reside  in  the  United  States. 

Chapter  369  of  the  Pvhlic  Acts  of  1846  contains  provisions  respecting  said  Company. 

It  authorizes  any  Railroad  or  Manufacturing  Company,  incorporated  in  this  State,  at 
a  meeting  called  therefor,  to  subscribe,  to  the  amoiint  of  10  per  cent,  of  its  stock, 
to  the  capital  stock  of  this  Company ;  and  to  increase  its  o^ti  stock  for  that 
purpose,  if  necessary. 

Chapter  558  of  the  Private  Acts  of  1847  contains  an  Act  in  addition  to  said  Act. 

It  provides  that  the  principal  place  of  business  of  said  Company  shall  be  at  Con- 
cord. 


Laws  of  1844,  Chap.  191. 
An  Act  to  incorporate  the  Boston,  Concord,  and  Montreal  Railroad. 

Sect.  1.  Be  it  enacted^  S^'c.  That  James  Cofran,  Zenas  Clem- 
ent, John  Taylor,  William  Badger,  Stephen  Gale,  David  Pingree, 
Warren  Lovell,  Samuel  Bean,  Obadiah  Smith,  Walter  Blair, 
William  W.  Russell,  Josiah  Quincy,  John  Page,  John  McClary, 
John  McDuffee,  William  A.  Woods,  Samuel  Ross,  David  Pater- 
son,  William  V.  Hutchins,  Artemas  Morse,  Cyrus  Eastman, 
William  Brackett,  James  Allen,  Samuel  Hutchins,  Jacob  Kent,  jr., 
their  associates,  successors,  and  assigns,  be  and  hereby  are  made  a 
body  politic  and  corporate,  by  the  name  of  the  Boston,  Concord, 
and  Montreal  Railroad,  and  by  that  name  may  sue  and  be  sued, 
prosecute  and  be  prosecuted  to  final  judgment  and  execution,  and 
are  hereby  vested  with  all  the  powers  necessary  and  proper  to  carry 
into  effect  the  purposes  and  objects  of  this  Act;  but  shall  hold  no 
more  land,  exclusive  of  that  within  the  limits  of  the  road  and  land 
purchased  to  procure  stone,  sand,  and  gravel,  than  shall  be  worth, 


NEW    HAMPSHIRE.  429 

at  the  time  of  its  purchase,  five  per  cent,  of  the  capital  stock  of 
the  corporation. 

Sect.  2.  The  said  corporation  are  hereby  authorized  and  em- 
powered to  construct  and  finally  complete  for  public  use,  and  keep 
in  use  a  railroad,  beginning  at  any  point  on  the  westerly  bank  of 
the  Connecticut  River,  opposite  Haverhill  or  Littleton  in  this  State, 
or  any  town  on  said  river  between  the  towns  aforesaid  ;  thence  pass- 
ing in  the  direction  of  the  Oliverian  route,  so  called,  to  Plymouth ; 
thence  by  a  route  over  and  in  the  direction  of  the  valley  of  the 
Pemigewasset  or  Winnipiseogee,  or  Merrimac  Rivers,  or  over  and 
in  the  direction  of  said  rivers,  or  such  part  of  the  valleys  of  either 
of  the  same,  as  shall  be  deemed  best  to  accommodate  the  public, 
to  any  point  in  Concord  or  Bow,  so  as  to  enter  on  the  Concord 
Railroad,  and  having  the  right  to  use  the  same,  or  any  part  there- 
of, paying  therefor  such  a  rate  of  toll  as  the  legislature  may  from 
time  to  time  prescribe,  and  complying  with  such  rules  and  regula- 
tions as  the  said  Concord  Railroad  Company  may  establish.  Pro- 
vided, that  if  said  Boston,  Concord,  and  Montreal  Railroad  shall  be 
located  and  constructed  so  as  to  enter  the  valley  of  the  Merrimac 
River,  at  any  point  in  the  town  of  Franklin,  or  at  any  point  between 
said  town  and  the  point  where  it  shall  enter  in  and  upon  the  Con- 
cord Railroad  aforesaid,  the  Northern  Railroad  having  been  first 
located  and  constructed,  the  said  Boston,  Concord,  and  Montreal 
Railroad  shall  have  a  right  to  enter  in  and  upon  said  Northern  Rail- 
road, at  such  pomt,  and  have  the  right  to  use  the  part  thereof  between 
such  point  and  said  Concord  Railroad,  subject  to  such  tolls  and  laws 
as  the  legislature  may  from  time  to  time  prescribe,  and  the  by-laws 
and  regulations  of  said  Northern  Railroad,  And  in  case  the  said 
Boston,  Concord,  and  Montreal  Railroad  shall  be  first  located  and 
constructed  within  said  points,  then  and  in  such  case,  the  said 
Northern  Railroad  shall  have  a  similar  right  to  enter  upon  and  pass 
over  the  Boston,  Concord,  and  Montreal  Railroad,  subject  to  similar 
laws  and  regulations.  And  said  corporation  is  authorized  and  em- 
powered to  construct  for  the  sole  use  and  accommodation  of  the 
travel  on  said  railroad,  and  for  the  transportation  of  such  property 
only,  as  shall  be  carried  on  said  railroad,  such  bridge  or  bridges 
across  the  Connecticut  or  Merrimac  Rivers,  or  any  branches  of  the 
same  as  may  be  necessary;  provided  that  such  bridge  or  bridges 
shall  be  so  constructed  as  not  imnecessarily  to  impede  the  naviga- 
tion of  said  rivers  or  their  branches.  And  said  corporation  is  re- 
quired to  keep  said  railroad  and  bridge  or  bridges  in  good  repair, 


430  BOSTON,    CONCORD,    AND    MONTREAL    RAILROAD. 

and  provide  suitable  and  proper  engines  and  cars  for  the  convey- 
ance of  passengers  and  property,  over  said  railroad,  and  cause 
the  said  engines  and  cars  to  be  run  each  way  at  least  once  a  day, 
Sundays  excepted,  to  accommodate  the  public  travel  and  transpor- 
tation, except  when  prevented  by  unavoidable  accidents  and 
contingencies. 

Sect.  3.  The  capital  stock  of  said  corporation  shall  consist  of 
fifteen  thousand  shares,  and  the  immediate  government  and  direc- 
tion of  the  affairs  thereof  shall  be  vested  in  seven  directors,  who 
shall  be  chosen  by  the  members  or  stockholders  in  the  manner  here- 
inafter provided,  and  shall  hold  their  offices  until  others  shall  be 
duly  elected  and  qualified  to  take  their  places  as  directors.  And  the 
said  directors,  a  majority  of  whom  shall  form  a  quorum  for  the 
transaction  of  business,  shall  elect  one  of  their  own  number  to  be 
president  of  the  board,  who  shall  also  be  president  of  the  corporation, 
and  they  shall  have  authority  to  choose  a  clerk,  who  shall  be  sworn 
to  the  faithful  discharge  of  his  duty,  and  shall  also  be  clerk  of  the 
corporation  unless  it  shall  elect  some  other  person  to  that  office ; 
and  they  shall  also  have  authority  to  choose  a  treasurer,  who  shall 
give  bonds  to  the  corporation,  with  sureties  to  the  satisfaction  of 
the  directors,  in  a  sum  not  less  than  thirty  thousand  dollars,  for 
the  faithful  discharge  of  his  trust,  and  such  other  agents  and  ser- 
vants as  shall  from  time  to  time  be  necessary. 

Sect.  4.  A  toll  is  hereby  granted  to  the  corporation,  for  its 
benefit,  on  all  passengers  and  property  which  may  be  conveyed  on 
said  railroad,  at  such  rates  as  may  from  time  to  time  be  agreed  upon 
by  the  directors ;  provided,  that  in  any  and  every  year,  when  the 
net  receipts  shall  exceed  the  average  of  ten  per  cent,  per  annum, 
from  the  commencement  of  its  operations,  the  excess  shall  be  paid 
into  the  treasury  of  this  State,  until  otherwise  ordered  by  the 
legislature ;  and  the  directors  are  hereby  authorized  to  erect  toll 
houses,  and  houses  for  the  deposit  of  merchandise,  and  demand 
and  receive  toll  upon  the  railroad  when  completed,  and  upon  such 
parts  thereof  as  shall  from  time  to  time  be  completed. 

Sect.  5.  The  president  and  directors  for  the  time  being  are  au- 
thorized and  empowered,  by  themselves  or  their  agents,  to  exercise 
all  the  powers  herein  granted  to  the  corporation,  for  the  purpose  of 
constructing  and  completing  said  railroad,  and  for  the  transporta- 
tion of  persons,  goods,  and  merchandise  thereon,  and  all  such  other 
powers  and  authority  for  the  management  of  the  affairs  of  the  cor- 
poration, not  heretofore  granted,  as  may  be  necessary  and  proper 


NEW  HAMPSHIRE.  431 

to  carry  into  eflect  the  object  of  this  grant ;  to  purchase  land, 
materials,  engines,  cars,  and  other  necessary  things  in  the  name  of 
the  corporation,  for  the  use,  or  on  the  line  of  the  railroad,  and  for 
the  transportation  of  persons,  goods,  and  merchandise ;  to  make  such 
equal  assessments  from  time  to  time  on  all  the  shares  in  said  cor- 
poration as  they  may  deem  expedient  and  necessary,  in  the  exe- 
cution and  progress  of  the  work,  and  direct  the  same  to  be  paid  to 
the  treasurer  of  the  corporation,  and  the  treasurer  shall  give  no- 
tice of  such  assessments.  And  if  any  subscriber  shall  neglect,  for 
sixty  days  after  such  notice,  to  pay  his  assessments,  the  directors 
may  order  the  treasurer  to  sell  his  share  or  shares  at  public  auction, 
due  notice  thereof  being  given,  to  the  highest  bidder,  and  the  same 
shall  be  transferred  to  the  purchaser;  and  such  delinquent  subscriber 
shall  be  held  accountable  to  the  corporation  for  the  balance,  if  his 
share  or  shares  shall  sell  for  less  than  the  assessments  due  thereon 
with  interest  and  costs  of  sale,  and  shall  be  entitled  to  the  overplus, 
if  any  there  be ;  jwovided^  that  no  assessment  shall  be  laid  on  any 
share  for  any  greater  amount  than  one  hundred  dollars,  in  the 
whole,  on  each  share.  And  if  a  greater  amount  of  money  shall 
be  necessary,  it  shall  be  raised  by  creating  new  shares,  giving  the 
stockholders  in  the  corporation  the  right  to  take  said  shares,  in 
proportion  to  the  shares  by  them  respectively  owned  in  said  corpo- 
ration. 

Sect.  6.  If  the  said  railroad  in  the  course  thereof,  shall  inter- 
sect or  cross  any  private  way,  the  said  corporation  shall  so  con- 
struct said  railroad,  as  not  to  obstruct  the  safe  and  convenient  use 
of  such  private  way ;  and  if  said  railroad  shall  not  be  so  constructed, 
the  party  aggrieved  shall  be  entitled  to  his  action  on  the  case,  and 
shall  recover  reasonable  damages  for  such  injury ;  but  no  action 
shall  be  commenced  after  the  expiration  of  two  years  from  the 
obstruction  aforesaid.  And  if  said  railroad  shall,  in  the  course 
thereof,  intersect  or  cross  any  canal,  turnpike,  or  other  highway, 
the  said  railroad  shall  be  so  constructed  as  not  to  impede  or  ob- 
struct the  safe  and  convenient  use  of  such  canal,  turnpike,  or  other 
highway  ;  and  the  said  corporation  shall  have  the  power  to  raise  or 
lower  such  turnpike,  highway,  or  private  way,  so  that  the  railroad, 
if  necessary,  may  conveniently  pass  under  or  over  the  same;  and 
if  said  corporation  shall  raise  or  lower  any  such  turnpike,  highway, 
or  private  way,  and  shall  not  so  raise  or  lower  the  same  as  to 
be  satisfactory  to  the  proprietors  of  such  turnpike,  or  to  the  select- 
men of  the  town  in  which  such  highway,  or  private  way,  may  be 


432  BOSTON,    CONCORD,    AND    MONTREAL    RAILROAD. 

situate,  as  the  case  may  be,  said  proprietors  or  selectmen  may  re- 
quire, in  writing,  of  said  corporation,  such  alteration  or  amendment 
as  they  may  think  necessary.  And  if  the  required  alteration  or 
amendment  be  reasonable  and  proper,  in  the  written  opinion  of  the 
road  commissioners  for  the  county  in  which  such  alteration  or 
amendment  is  proposed,  and  the  said  corporation  shall  unnecessarily 
and  unreasonably  neglect  to  make  the  sam.e,  such  proprietors  or 
selectmen,  as  the  case  may  be,  may  proceed  to  make  such  altera- 
tion or  amendment,  and  may  institute  and  prosecute  to  final 
judgment  and  execution  any  action  on  the  case  against  such  cor- 
poration, and  shall  therein  recover  reasonable  damages  for  all 
charges,  disbursements,  labor,  and  services  occasioned  by  making 
such  alteration  or  amendments,  with  costs  of  suit.  And  whenever 
said  railroad  shall  intersect,  or  cross  any  highway,  the  board  of 
road  commissioners  within  the  county,  on  notice  given,  and  hear- 
ing had  for  that  purpose,  may  direct  that  such  place  of  crossing  or 
intersection  shall  be  secured  by  a  bridge  over  said  railroad,  or  by 
the  erection  of  gates  on  both  sides  of  said  road,  should  either,  in 
their  opinion,  be  essential  to  the  public  safety ;  and  such  power 
shall  be  vested  solely  in  the  road  commissioners.  And  the  said 
corporation  shall  constantly  maintain  in  good  repair  all  bridges,  with 
their  abutments  and  embankments,  which  it  may  construct  for 
the  purpose  of  conducting  said  railroad  over  any  turnpike,  private 
way,  or  highway,  or  for  conducting  such  turnpike,  private  way,  or 
highway,  over  said  railroad,  and  in  default  thereof,  shall  be  liable, 
in  an  action  of  the  case,  to  respond  in  damages  to  any  party 
aggrieved. 

Sect.  7.  Unless  one  half  of  the  capital  stock  above  specified 
shall  be  subscribed  for,  the  corporation  organized,  and  the  said 
corporation  shall  have  expended  the  sum  of  one  hundred  thousand 
dollars  towards  the  construction  of  said  railroad  before  the  first  day 
of  December,  in  the  year  of  our  Lord  one  thousand  eight  hundred 
and  fifty,  this  Act  shall  be  null  and  void.  And  this  Act  shall  be 
null  and  void  as  to  any  and  every  portion  of  said  railroad,  which 
shall  not  be  completed  and  fit  for  use  on  or  before  the  first  day  of 
December,  in  the  year  of  our  Lord  one  thousand  eight  hundred 
and  fifty-five. 

Sect.  S.  The  annual  meeting  of  the  members  or  stockholders 
of  the  corporation  shall  be  held  on  the  day  prescribed  by  the 
by-laws,  and  at  such  place  in  this  State  as  the  directors  for  the 
time  being  shall  appoint,  or  as  the  by-laws  may  prescribe,  at  which 


NEW    HAMPSHIRE.  433 

meeting  seven  directors  shall  be  chosen  by  ballot.  The  directors 
may  call  special  meetings  of  the  stockholders  whenever  they  shall 
deem  it  expedient,  giving  such  notice  as  the  corporation,  by  their 
by-laws,  shall  direct.  And  any  five  of  the  seven  persons,  first  named 
in  this  Act,  may  call  the  first  meeting  of  the  corporation,  by  a  notice 
published  two  weeks  successively  in  the  New  Hampshire  Patriot 
and  State  Gazette,  and  the  New  Hampshire  Statesman,  published 
at  Concord,  at  which  meeting,  associates  may  be  admitted,  by-laws 
adopted,  and  a  president  and  clerk,  and  such  other  officers, 
agents,  and  committees  may  be  chosen,  or  appointed,  as  may  be 
deemed  necessary  to  carry  into  effect  the  objects  of  this  Act,  who 
shall  hold  their  offices  no  longer  than  till  a  board  of  directors  shall 
be  chosen. 

Sect.  9.  The  said  corporation  shall  have  power  to  make  such 
by-laws,  rules,  and  regulations,  not  repugnant  to  the  laws  of  this 
State,  as  may  be  deemed  expedient  for  accomplishing  the  purposes 
of  this  Act,  and  for  securing  the  interests  and  regulating  the  aff'airs 
of  the  corporation. 

Sect.  10.  If  at  any  time  hereafter,  any  railroad  shall,  by  virtue 
of  this  Act,  or  for  the  benefit  of  the  corporation  created  hereby,  be 
located' over  that  route  leading  from  Connecticut  river  to  lake  AVin- 
nipiseogee,  known  as  the  Oliverian  route,  or  any  part  thereof,  said 
corporation  shall  be  liable  and  holden  to  pay  John  McDuffee,  his 
heirs,  executors,  administrators,  or  assigns,  the  sum  of  one  thousand 
dollars,  as  compensation  in  full  for  expenses  heretofore  incurred, 
and  services  rendered  by  said  McDuff'ee,  in  exploring  and  survey- 
ing said  route,  and  diff'erent  parts  thereof;  and  in  case  said  corpo- 
ration shall  neglect  after  any  railroad  shall  be  located  as  aforesaid 
to  pay  said  sum,  said  McDuffee.  his  heirs,  executors,  administrators, 
or  assigns  may  have,  sustain,  and  prosecute  to  final  judgment  and 
execution,  an  action  of  debt  therefor,  against  said  corporation  in 
any  court  of  common  pleas  in  this  State. 

Sect.  11.  The  said  corporation  shall  hold  and  enjoy  the  privi- 
leges and  franchises  herein  granted,  subject  to  the  laws  in  relation 
to  corporations  and  railroads,  as  they  now  stand  in  the  Revised 
Statutes  of  this  State. 

Sect.  12.  The  legislature  may  at  any  time  alter,  amend,  or 
modify  the  provisions  of  this  Act,  or  repeal  the  same,  notice  being 
given  to  the  corporation  and  an  opportunity  to  be  heard. 

Sect.  13.  No  person  who  is  not  a  citizen  of  the  United  States,. 
and  living  within  the  jurisdiction  of  the  same,  shall  ever  be  an 
37 


434  CHESHIRE    RAILROAD    COMPANY. 

officer  or  conductor  of  this  corporation.     Apjiroved^  December  27. 
1844. 

Resolves  of  1846,  Chap.  3G9. 

Resolved^  (Sf'C.  That  any  raih'oad  or  manufacturing  corporation, 
holding  a  charter  under  this  State,  be,  and  they  hereby  are  author- 
ized, at  any  meeting  of  the  stockholders  duly  called  for  that  pur- 
pose, with  the  unanimous  consent  of  the  stockholders  in  such  cor- 
poration, to  subscribe  for  the  capital  stock  in  the  Boston,  Concord, 
and  Montreal  Railroad ;  and  the  capital  stock  of  such  corporation 
proposing  to  make  such  subscription,  may  be  increased  for  this 
purpose,  when  the  same  may  be  necessary  :  Provided,  that  such 
subscription  shall  in  no  case  exceed  ten  per  cent,  of  the  capital 
stock,  of  any  corporation  proposing  to  make  such  subscription. 
Aj)2)roved,  July  10,  1846. 

Laws  of  1847,  Chap.  558. 

An  Act  to  establish  the  place  for  filing  the  list  of  stockholders  of  the  Boston,  Con- 
cord, and  Montreal  Railroad. 

Be  it  enacted,  d(*c.  That  for  the  purpose  of  filing  and  recording 
the  lists,  and  recording  the  transfers  and  assignments  required  by 
law  to  be  made,  when  the  corporation  shall  be  ready  to  proceed  to 
transact  the  business  for  which  it  was  incorporated,  the  principal 
place  of  business  of  the  Boston,  Concord,  and  Montreal  Railroad, 
shall  be  taken  to  be  in  the  town  of  Concord.  Approved,  June  22, 
1847. 


CHESHIRE  RAILROAD    COMPANY. 
INCORPORATED    IN    NEW   HAMPSHIRE    IN    1844. 

Chapter  192  of  the  Private  Acts  of  1844    contains   tTie   Charter. 

Sect.  1  grants  corporate  powers,  restricting  their  rights  to  hold  real  estate,  except 
that  within  the  limits  of  the  road,  and  for  procuring  materials  for  its  construction, 
to  5  per  cent,  on  the  capital  stock. 

Sect.  2  describes  the  route,  and  authorizes  them  to  build  a  branch  railroad  from  Wal- 
pole,  and  to  construct  bridges  over  Connecticut  River,  so  as  not  to  impede  naviga- 
tion ;  it  requires,  that  thej'^  keep  said  bridges  in  good  repair,  provide  suitable 
engines  and  cars,  and  run  them  each  way  at  least  once  a  day,  excepting  Sundays. 


NEW   HAMPSHIRE.  435 

Sect.  3  divides  the  capital  stock  into  10,000  shares,  appoints  the  manner  of  choosing 
seven  Directors,  a  majority  of  whom  shall  form  a  quorum,  and  provides  as  to 
other  officers. 

Sect.  4  grants  a  toll,  provided  they  pay,  each  year,  into  the  State  Treasury,  the 
excess  of  the  net  proceeds  of  the  road  over  10  per  cent,  on  its  capital  stock. 

Sect.  3  defines  the  powers  and  duties  of  the  officers  ;  it  authorizes  making  equal 
assessments  not  exceeding  $100  on  each  share,  a  sale  of  shares  for  non-payment 
thereof,  after  notice,  and  creating  new  shares,  if  necessary,  to  be  distributed  among 
the  origmal  stockholders. 

Sect.  6  directs  the  manner  of  crossing  any  private  way,  highway,  turnpike,  or  canal, 
giving  any  party  aggrieved  a  right  of  action  to  be  commenced  within  two  years 
from  the  time  of  obstruction  ;  it  requires  that  they  make  alterations,  necessary  in  the 
opinion  of  the  County  Commissioners,  in  crossing  highways,  or  turnpikes,  at  the 
request  of  the  Selectmen  of  any  town,  or  the  proprietors  of  any  turnpike,  in  neglect 
or  refusal  of  which  they  shall  be  liable  to  an  action  for  damages ;  and  that  they 
erect  and  maintain  a  bridge  over,  or  gates  on  each  side  of  a  highway  which  they 
cross  or  intersect,  and  all  other  bridges,  in  default  thereof  being  liable  for  damages. 

Sect.  7  provides  that,  if  one  half  of  the  capital  stock  be  not  subscribed  for  and  the 
Corporation  organized  before  December  1,  1847,  and  $100,000  expended  in  its  con- 
struction before  December  1,  1848,  this  Act  shall  be  null  and  void  ;  and  it  shall 
be  null  and  void  as  to  every  part  not  completed  and  fit  for  use  before  December  1, 
1852. 

Sect.  8  appoints  the  time  of  the  annual  meeting,  when  Directors  shall  be  chosen ; 
provides  that  special  meetings,  if  necessary,  may  be  called,  and  establishes  the 
manner  of  organizing  the  Company. 

Sect.  9  enacts  that  expenses  of  surveys,  and  for  other  purposes  relating  to  this  road, 
being  first  audited  by  the  Directors,  shall  constitute  a  charge  against  the  Company. 

Sect.  10  subjects  this  Act  to  the  provisions  of  the  Revised  Statutes. 

Sect.  11  reserves  to  the  Legislatui-e  the  power  to  alter  or  amend  this  Act. 

Sect.  12  repeals  the  Act  passed  at  the  last  session,  entitled  "An  Act  to  incorporate 
the  Fitchburg,  Keene,  and  Connecticut  River  RaUroad  Company." 

Sect.  13  provides  that  this  Act  shall  take  effect  from  its  passage. 

Chapter  289  of  the  Private  Acts  of  1845,  contains  an  Act  in  addition  to  the  foregoing. 

Sect.  1  authorizes  this  Company  to  unite  with  the  Winchendon  Railroad  Corpora- 
tion, established  in  Massachusetts,  1845,  March  13,  and  the  stockholders  of  one  to 
be  stockholders  of  the  other ;  said  united  Corporation  to  take  the  name  of  this 
Company  and  hold  the  franchises  of  both. 

Sect.  2  requii-es  that  one  or  more  of  the  Directors  of  said  united  Corporation  shall 
reside  in  this  State,  that  separate  accounts  of  expenditures  be  kept  in  each  State, 
and  that  a  Commissioner  be  appointed  in  each  State  to  apportion  the  receipts  and 
expenditures,  and  ajjprove  the  annual  report. 

Sect.  3  subjects  said  united  Company,  as  far  as  the  road  lies  in  the  State,  to  the  pro- 
visions of  the  original  Act  and  the  general  laws  of  the  State,  when  this  Act  shall 
be  accepted  by  both  said  Corporations. 

Sect.  4  provides  that  this  Act  shall  take  effect  from  its  passage. 

Chapter  556  of  the  Private  Acts  of  1847  contains  an  Act  in  addition  to  the  foregoing. 
Sect.  1  authorizes  said  Company  to  vary  the  location  of  their  road. 


436  CHESHIRE    RAILROAD    COMPANY, 

Sect.  2  provides  that  tlie  lease  from  the  State  to  this  Company,  of  that  part  of  the 
road  to  be  discontinued  as  by  Section  1,  shall  be  null  and  void. 

Sect.  3  makes  the  road  to  be  established  by  this  Act,  subject  to  the  same  provisions 
as  the  original  charter. 

Sect.  4  provides  that  this  Act  shall  take  effect  from  its  passage. 


Laws  of  1844,  Chap.  192. 
An  Act  to  incorporate  the  Cheshire  Railroad  Company. 

Sect.  1.  Be  it  enacted,  cj'c.  That  George  Huntington,  Josiah 
Colony,  Zebediah  Kise,  Levi  Willard,  Daniel  W.  Farrar,  Robin- 
son Perkins,  Thomas  M.  Edwards,  Larkin  Baker,  Otis  Bardwell, 
J.  Lewis  Stackpole,  William  Henry,  their  associates,  successors, 
and  assigns,  shall  be  and  hereby  are  made  a  body  politic  and  cor- 
porate, by  the  name  of  the  Cheshire  Railroad  Company,  and  by 
that  name  may  sue  and  be  sued,  prosecute  and  be  prosecuted  to 
final  judgment  and  execution,  and  are  hereby  vested  with  all 
the  powers  necessary  and  proper  to  carry  into  effect  the  purposes 
and  objects  of  this  Act ;  but  shall  hold  no  more  land  at  any  one 
time,  exclusive  of  that  within  the  limits  of  the  road,  and  land  pur- 
chased to  procure  stone,  sand,  and  gravel,  than  shall  be  worth,  at 
the  time  of  its  purchase,  five  per  cent,  of  the  capital  stock  of  the 
company. 

Sect.  2.  The  said  company  are  hereby  authorized  and  empow- 
ered to  construct  and  finally  complete  for  public  use,  and  keep  in 
use.  a  railroad,  from  any  point  on  the  south  line  of  the  State,  in 
Fitzwilliam  or  Rindge,  and  passing  thence  through  the  village  of 
Keene,  to  the  western  boundary  of  the  State,  in  Walpole  or 
Charlestown.  And  should  the  said  railroad  be  laid  out  to  extend 
to  the  western  boundary  of  the  State,  in  Charlestown,  the  said 
company,  in  such  case,  shall  be  and  are  authorized  and  empowered 
to  construct  a  branch  railroad,  leading  from  the  main  road  in  Wal- 
pole, to  some  point  on  the  eastern  boundary  of  Rockingham,  in  Ver- 
mont. And  they  are  authorized  and  empowered  to  construct,  for 
the  sole  use  and  accommodation  of  the  travel  on  said  railroad,  and 
for  the  transportation  of  such  property  only  as  shall  be  carried  on 
said  railroad,  a  bridge  or  bridges  across  Connecticut  River  :  pro- 
vided said  bridge  or  bridges  shall  be  so  constructed,  as  not  unneces- 
sarily to  impede  the  navigation  of  said  river.  And  said  corpo- 
ration are  required  to  keep  said  road  and  bridge  or  bridges  in  good 


NEW    HAMPSHIRE.  437 

repair,  and  provide  suitable  and  proper  engines  and  cars,  for  the 
conveyance  of  passengers  and  property  over  the  road,  and  cause 
the  said  engines  and  cars  to  be  run  each  way  at  least  once  a  day, 
Sundays  excepted,  to  accommodate  the  pubhc  travel  and  transport- 
ation, except  when  prevented  by  unavoidable  accidents  and  con- 
tingencies. 

Sect.  3.  The  capital  stock  of  said  corporation  shall  consist  of  ten 
thousand  shares;  and  the  immediate  government  and  direction  of 
the  affairs  thereof,  shall  be  vested  in  seven  directors,  who  shall  be 
chosen  by  the  members  or  stockholders,  in  the  manner  hereinafter 
provided,  and  shall  hold  their  offices  imtil  others  shall  be  duly 
elected  and  qualified  to  take  their  places  as  directors.  And  the 
said  directors,  a  majority  of  whom  shall  form  a  quorum  for  the 
transaction  of  business,  shall  elect  one  of  their  own  number  to  be 
president  of  the  board,  who  shall  also  be  president  of  the  company, 
and  they  shall  have  authority  to  choose  a  clerk,  who  shall  be 
sworn  to  the  faithful  discharge  of  his  duty,  and  shall  also  be  clerk 
of  the  company,  imless  they  shall  elect  some  other  person  to  that 
office ;  and  they  shall  also  have  authority  to  choose  a  treasurer, 
who  shall  give  bonds  to  the  corporation,  with  sureties  to  the  satis- 
faction of  the  directors,  in  a  sum  not  less  than  thirty  thousand  dol- 
lars, for  the  faithful  discharge  of  his  trust,  and  such  other  agents 
and  servants  as  shall  from  time  to  time,  be  necessary. 

Sect.  4.  A  toll  is  hereby  granted  to  the  corporation  for  their 
benefit,  on  all  passengers  and  property  which  may  be  conveyed  on 
said  railroad,  at  such  rates  as  may  be  from  time  to  time  agreed  on 
by  the  directors  ;  provided  that  in  any  and  every  year,  when  their 
net  receipts  shall  exceed  the  average  of  ten  per  cent,  per  annum 
from  the  commencement  of  their  operations,  the  excess  shall  be 
paid  into  the  treasury  of  the  State,  until  otherwise  directed  by  the 
legislature.  And  the  directors  are  hereby  authorized  to  erect  toll 
houses  and  houses  for  the  deposit  of  merchandise,  and  demand  and 
receive  toll  upon  the  road  when  completed,  and  upon  such  parts 
thereof  as  shall  from  time  to  time  be  completed. 

Sect.  5.  The  president  and  directors  for  the  time  being  are 
authorized  and  empowered  by  themselves  or  their  agents,  to  exercise 
all  the  powers  herein  granted  to  the  corporation,  for  the  purpose  of 
constructing  and  completing  said  railroad,  and  for  the  transporta- 
tion of  persons,  goods,  and  merchandise  thereon,  and  all  such  other 
powers  and  authority  for  the  management  of  the  affairs  of  the 
corporation,  not  heretofore  granted,  as  maybe  necessary  and  proper 

37* 


43S  CHESHIRE    EAILROAD    COMPANY. 

to  carry  into  effect  the  object  of  this  grant ;  to  purchase  land,  mate- 
rials, engines,  cars,  and  other  necessary  things  in  the  name  of  the 
corporation,  for  the  use  or  on  the  line  of  the  road,  and  for  the  trans- 
portation of  persons,  goods,  and  merchandise,  to  make  such  equal 
assessments  from  time  to  time  on  all  the  shares  in  said  corporation, 
as  they  may  deem  expedient  and  necessary  in  the  execution  and 
progress  of  the  work,  and  direct  the  same  to  be  paid  to  the  treas- 
urer of  the  corporation,  and  the  treasurer  shall  give  notice  of  such 
assessments.  And  if  any  subscriber  shall  neglect,  for  sixty  days 
after  such  notice,  to  pay  his  assessments,  the  directors  may  order 
the  treasurer  to  sell  his  share  or  shares  at  public  auction,  due  notice 
thereof  being  given,  to  the  highest  bidder,  and  the  same  shall  be 
transferred  to  the  purchaser;  and  such  delinquent  subscriber  shall 
be  held  accountable  to  the  corporation  for  the  balance,  if  his  share 
or  shares  shall  sell  for  less  than  the  assessments  due  thereon,  with 
interest  and  cost  of  sale,  and  shall  be  entitled  to  the  overplus,  if 
any  there  be ;  provided  that  no  assessment  shall  be  laid  on  any 
share  of  a  greater  amount  than  one  hundred  dollars,  in  the  whole, 
on  each  share.  And  if  a  greater  amount  of  money  shall  be  neces- 
sary, it  shall  be  raised  by  creating  new  shares,  giving  the  stock- 
holders in  the  corporation  the  right  to  take  said  shares,  in  pro- 
portion to  the  shares  by  them  respectively  owned  in  said  corpo- 
ration. 

Sect.  6.  If  the  said  railroad,  in  the  course  thereof,  shall  inter- 
sect or  cross  any  private  way,  the  said  corporation  shall  so  con- 
struct said  railroad,  as  not  to  obstruct  the  safe  and  convenient  use 
of  such  private  way ;  and  if  said  railroad  shall  not  be  so  con- 
structed, the  party  aggrieved  shall  be  entitled  to  his  action  on  the 
case,  and  shall  recover  reasonable  damages  for  such  injury  ;  but 
no  action  shall  be  commenced  after  the  expiration  of  two  years 
from  the  obstruction  aforesaid.  And  if  the  said  railroad  shall,  in 
the  course  thereof,  intersect  or  cross  any  canal,  turnpike,  or  other 
highway,  the  said  railroad  shall  be  so  constructed  as  not  to  impede 
or  obstruct  the  safe  and  convenient  use  of  such  canal,  turnpike,  or 
other  highway  ;  and  the  corporation  shall  have  the  power  to  raise 
or  lower  such  turnpike,  highway,  or  private  way,  so  that  the  rail- 
road, if  necessary,  may  conveniently  pass  under  or  over  the  same  ; 
and  if  said  corporation  shall  raise  or  lower  any  such  turnpike, 
highway,  or  private  way,  and  shall  not  so  raise  or  lower  the  same 
as  to  be  satisfactory  to  the  proprietors  of  such  turnpike,  or  to  the 
selectmen  of  the  town  in  which  said  highway  or  private  way  may 


NEW   HAMPSHIRE.  439 

be  situate,  as  the  case  may  be.  said  proprietors  or  selectmen  may 
require,  in  writing,  of  said  corporation,  such  alteration  or  amend- 
ment as  they  may  think  necessary.  And  if  the  required  alteration 
or  amendment  be  reasonable  and  proper,  in  the  written  opinion  of 
the  road  commissioners  for  the  county  in  which  such  alteration  or 
amendment  is  proposed,  and  the  said  corporation  shall  unnecessa- 
rily and  unreasonably  neglect  to  make  the  same,  such  proprietors 
or  selectmen,  as  the  case  may  be,  may  proceed  to  make  such  alter- 
ation or  amendment,  and  may  institute  and  prosecute  to  final  judg- 
ment and  execution,  any  action  on  the  case  against  said  corpora- 
tion, and  shall  therein  recover  reasonable  damages  for  all  charges, 
disbursements,  labor,  and  services  occasioned  by  making  such  alter- 
ations or  amendments,  with  costs  of  suit.  And  whenever  said  rail- 
road shall  intersect  or  cross  any  highway,  the  board  of  road  com- 
missioners within  the  county,  on  notice  given,  and  hearing  had, 
for  this  purpose,  may  direct  that  such  place  of  crossing,  or  inter- 
section shall  be  secured  by  a  bridge  over  said  road,  or  by  the  erec- 
tion of  gates  on  both  sides  of  said  road,  should  either,  in  their  opin- 
ion, be  essential  to  the  public  safety;  and  such  power  shall  be 
vested  solely  in  the  road  commissioners.  And  the  said  company 
shall  constantly  maintain  in  good  repair,  all  bridges,  with  their 
abutments  and  embankments,  which  they  may  construct  for  the 
purpose  of  conducting  said  railroad  over  any  turnpike,  private 
way  or  highway,  or  for  conducting  such  turnpike,  private  way,  or 
highway  over  said  railroad  ;  and  in  default  thereof,  shall  be  lia- 
ble, in  an  action  on  the  case,  to  respond  in  damages  to  any  party 
aggrieved. 

Sect.  7.  Unless  one  half  of  the  capital  stock  above  specified 
shall  be  subscribed  for,  and  the  corporation  organized  before  the 
first  day  of  December,  in  the  year  of  our  Lord  one  thousand  eight 
hundred  and  forty-seven,  and  the  sum  of  one  hundred  thousand 
dollars  shall  have  been  expended  towards  the  construction  of  said 
road,  before  the  first  day  of  December,  in  the  year  of  our  Lord 
one  thousand  eight  hundred  and  forty-eight,  this  Act  shall  be  null 
and  void.  And  this  Act  shall  be  null  and  void  as  to  any  and  every 
portion  of  said  railroad,  which  shall  not  be  completed  and  fit  for 
use,  on  or  before  the  first  day  of  December,  in  the  year  of  our 
Lord  one  thousand  eight  hundred  and  fifty-two. 

Sect.  8.  The  annual  meeting  of  the  members  or  stockholders 
of  the  corporation  shall  be  held  on  the  day  prescribed  by  the 
by-laws,  and  at  such  place  in  this  State  as  the  directors  for  the  time 


440  CHESHIRE   RAILROAD    COMPANY. 

being  sliall  appoint,  or  as  the  by-laws  shall  prescribe,  at  which 
meeting  seven  directors  shall  be  chosen  by  ballot.  The  directors 
may  call  special  meetings  of  the  stockholders  whenever  they  shall 
deem  it  expedient,  giving  such  notice  as  the  corporation  by  their 
by-laws  shall  direct.  And  any  three  of  the  five  persons  first  named 
in  this  Act,  may  call  the  first  meeting  of  the  corporation,  by  a  notice 
published  two  weeks  successively,  in  both  newspapers  publish- 
ed at  Keene;  at  which  meeting,  associates  may  be  admitted,  by- 
laws adopted,  and  a  president  and  clerk,  and  such  other  ofiicers, 
and  such  agents  and  committees  may  be  chosen  or  appointed,  as 
may  be  deemed  necessary  to  carry  into  effect  the  objects  of  this 
Act,  who  shall  hold  their  oflices  no  longer  than  until  a  board  of 
directors  shall  be  chosen. 

Sect.  9.  The  expenses  heretofore  incurred  in  making  surveys, 
and  accomplishing  other  purposes  in  relation  to  said  railroad,  and 
suitable  compensation  for  time  expended,  the  claims  being  audited 
and  allowed  by  the  directors,  shall  constitute  a  valid  charge 
against  the  corporation,  and  be  allowed  in  discharge  of  assess- 
ments on  shares. 

Sect.  10.  The  said  corporation  shall  hold  and  enjoy  the  privileges 
and  franchises  herein  granted,  subject  to  the  laws  in  relation  to 
corporations  and  railroads,  as  they  now  stand  in  the  Revised  Statutes 
of  this  State. 

Sect.  11.  The  legislature  may  alter,  amend,  or  modify  the  pro- 
visions of  this  Act,  or  repeal  the  same,  notice  being  given  to  the 
corporation,  and  an  opportunity  to  be  heard. 

Sect.  12.  The  Act  passed  at  the  last  session  of  the  General 
Court,  entitled  "  An  Act  to  incorporate  the  Fitchburg,  Keene,  and 
Connecticut  River  Railroad  Company,"  is  hereby  repealed. 

Sect.  13.  This  Act  shall  take  effect  upon  the  passage  thereof. 
Approved,  December  27,  1844. 

Laws  of  1845,  Chap.  289. 

An  Act  in  addition  to  and  in  amendment  of  "  An  Act  to  incorporate  the  Cheshire 
Railroad  Company,"  passed  Dec.  27,  1844. 

Sect.  1.  Be  it  enacted  ^"c.  That  the  said  Cheshire  Railroad 
Company  is  hereby  authorized  and  empowered  to  unite  with  the 
Winchendon  Railroad  Corporation,  established  by  an  Act  of  the 
Commonwealth  of  Massachusetts,  passed   the   thirteenth    day   of 


NEW    HAMPSHIRE.  441 

March  last,  and  authorized  to  unite  with  the  said  Cheshire  Rail- 
road Company  ;  and  when  said  corporations  shall  have  been  united, 
according  to  the  provisions  of  the  Act  last  before  mentioned,  and 
of  this  Act,  the  stockholders  of  one  corporation  shall  become  and 
be  stockholders  of  the  other,  and  the  two  companies  shall  consti- 
tute one  corporation,  under  the  name  of  the  Cheshire  Railroad 
Company,  and  all  the  franchises,  property,  powers,  and  privileges, 
granted  and  acquired  under  the  authority  of  the  States  of  New 
Hampshire  and  Massachusetts  respectively,  shall  be  held  and 
enjoyed  by  all  the  said  stockholders,  in  proportion  to  the  amount 
of  property  or  interest  held  by  them  respectively,  in  either  or  both 
of  said  companies  or  corporations. 

Sect.  2.  In  case  the  two  corporations  shall  unite  as  aforesaid,  one 
or  more  of  the  directors  of  the  corporation  so  formed  shall  at  all  times 
be  an  inhabitant  of  this  State,  on  whom  processes  against  said  com- 
pany, and  notices  to  the  same,  may  be  legally  served,  and  said  com- 
pany shall  be  held  to  answer  in  the  jurisdiction  where  the  service  is 
made  and  the  process  is  returnable.  And  the  corporation  so  formed 
shall  keep  separate  accounts  of  their  expenditures  in  Massachu- 
setts and  New  Hampshire,  and  one  commissioner  shall  be  appoint- 
ed by  the  governor  of  each  State  aforesaid,  to  hold  their  offices  for 
the  term  of  four  years,  who  shall  decide  what  portion  of  all  the 
expenditures  of  said  company,  and  of  its  receipts  and  profits,  pro- 
perly pertain  to  that  part  of  the  road  within,  and  what  portion  to 
that  part  without,  the  State  of  New  Hampshire;  and  any  annual 
report  required  to  be  made  by  the  laws  of  either  State  shall  be  ap- 
proved by  said  commissioners,  and  shall  show  the  expenditures, 
receipts  and  profits  belonging  to  the  respective  parts  of  said  road 
in  each  of  the  States  aforesaid,  and  said  commissioners  shall  be 
reasonably  compensated  by  said  company. 

Sect.  3.  The  corporation  formed  as  aforesaid,  and  the  stockhold- 
ers therein,  so  far  as  their  road  shall  be  situated  in  New  Hamp- 
shire, shall  be  subject  to  all  the  duties  and  liabilities  of  the  Chesh- 
ire Railroad  Company,  and  to  the  general  laws  of  the  State,  to  the 
same  extent  as  said  company,  and  the  stockholders  therein,  would 
be,  were  the  whole  line  of  said  road  located  and  constructed  within 
the  limits  of  New  Hampshire;  provided,  however,  that  the  pro- 
visions contained  in  this  and  the  two  preceding  sections  of  this 
Act,  shall  not  take  effect  until  accepted  by  the  stockholders  of  said 
corporations  respectively,  at  legal  meetings  held  for  the  purpose. 

Sect.  4.  This  Act  shall  take  effect  upon  the  passage  thereof. 

Approved,  July  1,  1845. 


442  ASHUELOT  RAILROAD    COMPANY. 


Laws  of  1847,  Chap.  556. 

An  Act  in  addition  to  an  Act  entitled  *'  An  Act  to  incoi-porate  the  Cheshire  Railroad 
Company,"  passed  December  27,  1844.  e 

Sect.  1.  Be  it  enacted^  4'^.  Tliat  the  Cheshire  Railroad  Com- 
pany) are  hereby  authorized  and  empoweredj  to  vary  the  location 
of  their  railroad  from  where  it  has  been  laid  out  by  the  railroad 
commissioners,  on  and  over  the  lands  of  Albert  Carpenter  and 
Warren  Daniels,  in  Walpole,  so  far  as  to  locate  and  construct  such 
part  of  the  same  as  they  shall  deem  for  the  interest  of  the  com- 
pany, on  other  adjoining  lands,'purchasedby  said  company  of  said 
Carpenter  and  said  Daniels,  and  now  owned  by  the  company. 

Sect.  2.  That  part  of  their  road  laid  out  by  the  commissioners 
as  aforesaid,  for  which  a  substitute  shall  be  provided  by  said  com- 
pany by  virtue  of  the  foregoing  section,  shall,  upon  the  location, 
and  construction  of  said  substitute,  be  thereby  discontinued,  and 
the  lease  granted  by  the  State  to  said  company,  so  far  as  it  relates 
thereto,  be  null  and  void. 

Sect.  3.  The  said  company  shall  have  and  enjoy  all  the  rights 
and  privileges,  and  be  subject  to  all  the  liabilities  in  relation  to  the 
road  which  shall  be  so  substituted  as  aforesaid,  that  they  would 
have  had  and  been  subject  to,  if  the  same  had  been  laid  out  by  the 
commissioners,  and  included  in  the  lease  from  the  State. 

Sect.  4.  This  Act  shall  take  effect  from  its  passage.  Approved, 
July  2,  1847. 


ASHX^ELOT    RAILROAD   COMPANY. 
INCORPORATED    IN    NEW    HAMPSHIRE    IN    1844. 

Chapter  193  of  ike  Private  Acts  of  1844  contai7is  the  Charter. 

Sect.  1  grants  corporate  powers,  restricting  the  right  to  hold  real  estate,  excepting 

that  within  the  limits  of  the  road  and  for  its  construction,  to  5  per  cent,  on  the 

capital  stock. 
Sect.  2  describes  the  route,  and  authorizes  the  construction  of  bridges  across  the 

Ashuelot  and  Connecticut  Rivers,  so  as  not  to  impede  navigation. 
Sect.  3  divides  the  capital  stock  into  2000  shares,  and  provides  for  the  choice  of 

seven,  nine,  or  thirteen  Directors,  and  of  other  officers. 
Sect.  4  grants  a  toll,  provided  any  excess  of  the  net  proceeds  of  the  road  over 

10  per  cent,  on  its  capital  stock  be  paid  into  the  Treasury  of  the  State  each  year. 


NEW   HAMPSHIRE.  443 

Sect.  5  defines  tlie  po^vers  and  duties  of  the  officers ;  it  authorizes  making  equal 
assessments,  not  exceeding  $100  on  each  share,  a  sale  of  shares  for  non-payment 
thereof,  after  notice,  and  creating  new  shares,  if  necessary,  to  be  distributed  amon"' 
the  original  stockholders. 

Sect.  6  directs  the  mode  of  crossing  any  private  way,  highway,  canal,  or  turnpike, 
giving  any  person  aggrieved  a  right  of  action  to  be  commenced  Avithin  two  years 
from  the  time  of  the  obstruction  ;  it  requires  that  they  make  alterations,  necessary 
in  the  opinion  of  the  County  Commissioners,  in  crossing  highways  or  tui-npikes,  at 
the  request  of  the  selectmen  of  any  town,  or  the  proprietors  of  any  turnpike,  in 
neglect  or  refusal  of  which  they  shall  be  liable  to  an  action  for  damages  ;  and, 
that  they  maintain  a  bridge  over,  or  gates  on  each  side  of,  a  highway  which  thev 
cross  or  intersect,  and  all  other  bridges,  in  default  thereof  being  liable  for  dam- 
ages. 

Sect.  7  provides  that,  unless  one  half  of  the  capital  stock  be  subscribed  for  and  the 
Company  organized  before  January  1,  1848,  and  $30,000  expended  for  its  con- 
struction before  January  1,  1850,  this  Act  shall  be  null  and  void  ;  and  that  it  shall 
be  null  and  void  as  to  every  part  not  completed  and  fit  for  use  by  January  1,  1854  ; 
and  that  the  Corporation  shall  keep  said  road  and  bridges  in  good  repair,  and  pro- 
vide suitable  cars  and  engines,  and  run  them  each  way  at  least  once  a  day,  Sun- 
days excepted. 

Sect.  8  appoints  the  time  of  the  annual  meeting,  and  for  choice  of  Directors,  pro- 
vides that  special  meetings  may  be  called,  if  necessary,  and  du-ects  the  mode  of 
organization. 

Sect.  9  provides  that  expenses  for  surveys,  and  other  purposes  relating  to  this  Rail- 
road, when  audited  by  the  Directors,  shall  constitute  a  charge  against  the  Com- 
pany. 

Sect.  10  renders  this  Act  subject  to  the  provisions  of  the  Revised  Statutes,  and 
other  general  enactments  respecting  railroads. 

Sect.  11  authorizes  this  Company  to  unite  -with,  the  Brattleboro'  and  Fitchburg  Rail- 
road Company,  incorporated  by  the  State  of  Vermont,  in  October,  1843,  and  the 
Vermont  and  Massachusetts  Railroad  Company,  incorporated  by  the  State  of  Mas- 
sachusetts, in  January  1844,  and  any  other  Company  or  Companies  empowered  to 
extend  a  railroad  from  Fitchburg  to  Brattleboro'  ;  it  makes  all  said  Companies 
one,  the  stockholders  in  each  being  stockholders  in  this,  under  the  name  of  the 
Vermont  and  Massachusetts  Railroad  Company,  or  provides  that  the  last  named 
Company  may  purchase  the  shares  of  such  intennediate  Companies. 

Sect.  12  directs  that  one  or  more  of  the  officers  shall  reside  in  this  State. 

Sect.  13  provides  that  separate  accounts  of  expenditures  in  each  State  be  kept, 
and  Commissioners  appointed,  for  the  term  of  four  years,  to  apportion  the  receipts 
and  expenditures,  and  approve  the  annual  report. 

Sect.  14  renders  that  part  of  said  united  Corporation  within  this  State,  subject  to 
the  provisions  of  this  Act  and  the  general  laws  of  New  Hampshire. 

Sect.  15  reserves  to  the  Legislature  the  power  to  alter  or  repeal  this  Act. 

Sect.  16  provides  that  this  Act  shall  take  effect  from  its  passage. 

Chapter  394  of  the  Laws  of  1846  contains  the  Charter. 

Sect.  1  grants  corporate  powers,  restricting  the  right  to  hold  real  estate,  exclusive 
of  that  within  the  limits  of  the  road  and  for  its  construction,  to  5  per  cent,  on  its 
cost. 


444  ASHUELOT   RAILROAD    COMPANY. 

Sect.  2  describes  the  route,  and  requires  that  they  keep  cars  and  engines  in  good 
repair,  and  run  them  each  way  at  least  once  a  day,  Sundays  excepted. 

Sect.  3  divides  the  capital  stock  into  5000  shares,  and  vests  the  government  in 
seven  Directors,  and  provides  for  the  choice  of  officers. 

Sect.  4  grants  a  toll,  provided  they  pay  into  the  State  treasury,  each  year,  the 
excess  of  the  net  income  of  the  road  over  10  per  cent,  on  its  cost. 

Sect.  5  defines  the  powers  and  duties  of  the  officers ;  it  authorizes  making  equal  assess- 
ments, not  exceeding  .$100  on  each  share,  a  sale  of  shares  for  non-payment  of  assess- 
ments, after  notice,  and  creating  new  &hares,^if  necessary,  to  be  equally  distributed 
among  the  original  stockholders. 

Sect.  6  establishes  the  mode  of  crossing  any  private  way,  highway,  canal,  or  turn- 
pike, giving  any  party  aggrieved  a  right  of  action  within  two  years  from  the  time 
of  the  obstruction ;  requires  that  they  make  alterations,  necessary  in  the  opinion 
of  the  County  Commissioners,  in  crossing  any  highway  or  turnpike,  at  the  request 
of  the  Selectmen  of  any  town  or  the  proprietors  of  any  turnpike,  in  neglect  or 
refusal  of  which  they  shall  be  liable  to  damages  ;  and  requires  that  they  erect  and 
maintain  a  bridge  over,  or  gates  on  each  side  of  a  highway,  which  they  cross  or 
intersect,  and  maintain  all  other  bridges,  in  default  thereof,  being  liable  for 
damages. 

Sect.  7  appoints  the  time  of  the  annual  meeting,  when  Directors  shall  be  chosen, 
and  directs  the  mode  of  organization. 

Sect.  8  directs  that  expenses  of  survey  and  for  other  purposes  relating  to  the  road, 
when  audited,  shall  constitute  a  charge  against  the  Corporation. 

Sect.  9  reserves  to  the  Legislature  the  power  to  alter  or  amend  this  Act,  after  notice 
to  the  Corporation  and  a  hearing  thereon. 

CJiapter  618  of  tlie  Laws  of  1848  amends  this  Act,  so  that  the  Legislature  may  have  the 

power  to  alter  or  repeal  the  same. 

Chapter  664  of  the  Private  Acts  of  1848  contains  an  Act  in  addition  to  said  Act. 

Sect.  1  authorizes  this  Company  to  construct  a  railroad  from  some  point  on  the 
Cheshire  Railroad  to  the  line  of  Vermont  or  Massachusetts,  and  to  construct  a 
bridge  across  Connecticut  Eiver,  in  Hinsdale,  so  as  not  unnecessarily  to  impede 
navigation. 

Sect.  2  repeals  all  Acts  inconsistent  with  this  Act. 

Sect.  3  provides  that  it  shall  take  effect  from  its  passage. 


Laws  of  1844,  Chap.  193. 
An  Act  to  incorporate  the  Ashuelot  Railroad  Company. 

Sect.  1.  Be  it  enacted^  <^c.  That  David  Ball,  Erastus  Dicker- 
son,  A.  H.  Bennett,  A.  J.  Humphrey,  Levi  Green,  William  Haile, 
Henry  Kingman,  L.  H.  Alexander,  their  associates,  successors,  and 
assigns,  shall  be  and  hereby  are  made  a  body  politic  and  corporate, 
by  the  name  of  the  Ashuelot  Railroad  Company,  and  by  that 


NEW   HAMPSHIRE.  445 

name  may  sue  and  be  sued,  prosecute  and  be  prosecuted  to  final 
judgment  and  execution,  and  are  hereby  vested  with  all  the  powers 
necessary  to  carry  into  effect  the  purposes  and  objects  of  this  Act ; 
but  shall  hold  no  more  real  estate,  at  any  one  time,  exclusive  of 
the  land  purchased  for  the  road,  and  within  the  limits  thereof,  and 
land  purchased  to  procure  sand  and  gravel,  than  shall  be  worth, 
at  the  time  of  its  purchase,  five  per  cent,  of  the  capital  stock  of  the 
company. 

Sect.  2.  The  said  company  are  hereby  authorized  and  em- 
powered to  construct  and  finally  complete  for  public  use,  and  keep 
in  use  a  railroad,  beginning  at  any  point  on  the  south  line  of  the 
State,  in  Richmond  or  Winchester,  and  thence  passing  through  the 
towns  of  Winchester  and  Hinsdale,  to  the  western  boundary  of  the 
State,  in  Hinsdale.  And  they  are  authorized  and  empowered  to 
construct  for  their  sole  use  and  accommodation  of  the  travel,  a 
railroad,  and  for  the  transportation  of  such  property  only  as  shall 
be  carried  on  said  railroad,  a  bridge  or  bridges  across  the  Ashuelot 
and  Connecticut  Rivers;  provided  said  bridge  or  bridges  shall  be 
so  constructed  as  not  unnecessarily  to  impede  the  navigation  of  said 
rivers. 

Sect.  3.  The  capital  stock  of  said  corporation  shall  consist  of 
two  thousand  shares,  and  the  immediate  government  and  direction 
of  the  afi"airs  thereof  shall  be  vested  in  seven,  nine,  or  thirteen 
directors,  who  shall  be  chosen  by  the  members  or  stockholders  in 
the  manner  hereinafter  provided,  and  shall  hold  their  ofiices  until 
others  shall  be  duly  elected  and  qualified  to  take  their  places  as 
directors.  And  the  said  directors,  a  majority  of  whom  shall  form 
a  quorum  for  the  transaction  of  business,  shall  elect  one  of  their 
number  to  be  president  of  the  board,  who  shall  also  be  president 
of  the  company,  and  they  shall  have  authority  to  choose  a  clerk, 
who  shall  be  sworn  to  the  faithful  discharge  of  his  duty,  and  shall 
also  be  clerk  of  the  company,  unless  they  shall  elect  some  other 
person  to  that  ofiice  ;  and  they  shall  also  have  authority  to  choose 
a  treasurer,  who  shall  give  bonds  to  the  corporation,  with  sureties 
to  the  satisfaction  of  the  directors,  in  a  sum  not  less  than  thirty 
thousand  dollars,  for  the  faithful  discharge  of  his  trust,  and  such 
other  agents  and  servants  as  shall  from  time  to  time  be  necessary. 

Sect.  4.  A  toll  is  hereby  granted  to  the  corporation,  for  their 

benefit,  on  all  passengers   and  property  which  may  be  conveyed 

on  said  railroad,  at  such  rates  as  may  be  from  time  to  time  agreed 

on  by  the  directors ;  provided,  that  in  any  and  every  year,  when 

38 


446  ASHUELOT    RAILROAD    COMPANY. 

their  net  receipts  shall  exceed  the  average  of  ten  per  cent,  per 
annum,  from  the  commencement  of  their  operations,  the  excess 
shall  be  paid  into  the  treasury  of  the  State,  until  otherwise  direct- 
ed by  the  legislature ;  and  the  directors  are  hereby  authorized  to 
erect  toll-houses  and  houses  for  the  deposit  of  merchandise,  and 
demand  and  receive  toll  upon  the  road  when  completed,  and  upon 
such  parts  thereof  as  shall  from  time  to  time  be  completed. 

Sect.  5.  The  president  and  directors  for  the  time  being  are  au- 
thorized and  empowered,  by  themselves  or  their  agents,  to  exer- 
cise all  the  powers  herein  granted  to  the  corporation,  for  the  pur- 
pose of  constructing  and  completing  said  railroad,  and  for  the 
transportation  of  persons,  goods,  and  merchandise  thereon,  and  all 
such  other  powers  and  authority  for  the  management  of  the  affairs 
of  the  corporation,  not  heretofore  granted,  as  may  be  necessary 
and  proper  to  carry  into  effect  the  object  of  this  grant ;  to  purchase 
land,  materials,  engines,  cars,  and  other  necessary  things,  in  the 
name  of  the  corporation,  for  the  use,  or  on  the  line  of  the  road, 
and  for  the  transportation  of  persons,  goods,  and  merchandise ;  to 
make  such  equal  assessments  from  time  to  time  on  all  the  shares 
in  said  corporation,  as  they  may  deem  expedient  and  necessary  in 
the  execution  and  progress  of  the  work,  and  direct  the  same  to  be 
paid  to  the  treasurer  of  the  corporation,  and  the  treasurer  shall 
give  notice  of  such  assessments.  And  if  any  subscriber  shall 
neglect,  for  sixty  days  after  such  notice,  to  pay  his  assessments, 
the  directors  may  order  the  treasurer  to  sell  his  share  or  shares  at 
public  auction,  to  the  highest  bidder,  due  notice  thereof  being  pre- 
viously given,  and  the  same  shall  be  transferred  to  the  purchaser; 
and  such  delinquent  subscriber  shall  be  held  accountable  to  the 
corporation  for  the  balance,  if  his  share  or  shares  shall  sell  for  less 
than  the  assessments  due  thereon,  with  interest  and  cost  of  sale, 
and  shall  be  entitled  to  the  overplus,  if  any  there  be ;  iirovided, 
that  no  assessment  shall  be  laid  on  any  share  of  any  greater 
amount  than  one  hundred  dollars,  in  the  whole,  on  each  share. 
And  if  a  greater  amount  of  money  shall  be  necessary,  it  shall  be 
raised  by  creating  new  shares,  giving  the  stockholders  in  the  cor- 
poration the  right  to  take  said  shares,  in  proportion  to  the  shares 
by  them  respectively  owned  in  said  corporation. 

Sect.  6.  If  the  said  railroad  in  the  course  thereof,  shall  inter- 
sect or  cross  any  private  way,  the  said  corporation  shall  so  con- 
struct said  railroad  as  not  to  obstruct  the  safe  and  convenient  use 
of  such  private  way  :  and  if  said  railroad  shall  not  be  so  construct- 


NEW  HAMPSHIRE.  447 

ed,  the  party  aggrieved  shall  be  entitled  to  his  action  on  the  case, 
and  shall  recover  reasonable  damages  for  such  injury  ;  but  no 
action  shall  be  commenced  after  the  expiration  of  two  years  from 
the  obstruction  aforesaid.  And  if  the  said  railroad  shall,  in  the 
course  thereof,  intersect  or  cross  any  canal,  turnpike,  or  other  high- 
way, the  said  railroad  shall  be  so  constructed  as  not  to  impede  or 
obstruct  the  safe  and  convenient  use  of  such  canal,  turnpike,  or 
other  highway;  and  the  corporation  shall  have  the  power  to  raise 
or  lower  such  turnpike,  highway,  or  private  way,  so  that  the  rail- 
road, if  necessary,  may  conveniently  pass  under  or  over  the  same ; 
and  if  said  corporation  shall  raise  or  lower  any  such  turnpike, 
highway,  or  private  way,  and  shall  not  so  raise  or  lower  the  same 
as  to  be  satisfactory  to  the  proprietors  of  such  turnpike,  or  to  the 
selectmen  of  the  town  in  which  said  highway  or  private  way  may 
be  situate,  as  the  case  may  be,  said  proprietors  or  selectmen  may 
require,  in  writing,  of  said  corporation,  such  alteration  or  amend- 
ment as  they  may  think  necessary.  And  if  the  required  alteration 
or  amendment  be  reasonable  and  proper,  in  the  written  opinion  of 
the  road  commissioners  for  the  county  in  which  such  alteration  or 
amendment  is  proposed,  and  the  said  corporation  shall  unneces- 
sarily and  unreasonably  neglect  to  make  the  same,  such  proprie- 
tors or  selectmen,  as  the  case  may  be,  may  proceed  to  make  such 
alterations  or  amendment,  and  may  institute  and  prosecute  to  final 
judgment  and  execution  any  action  on  the  case  against  said  cor- 
poration, and  shall  thereon  recover  reasonable  damages  for  all 
charges,  disbursements,  labor,  and  services  occasioned  by  making 
such  alteration  or  amendments,  with  cost  of  suit.  And  whenever 
said  railroad  shall  intersect  or  cross  any  highway,  the  board  of 
road  commissioners  within  the  county,  on  notice  given,  and  hear- 
ing had  for  this  purpose,  may  direct  that  such  place  of  crossing  or 
intersection  shall  be  secured  by  a  bridge  over  said  road,  or  by 
the  erection  of  gates  on  both  sides  of  said  road,  should  either,  in 
their  opinion,  be  essential  to  the  public  safety ;  and  such  power 
shall  be  vested  solely  in  the  road  commissioners.  And  the  said 
company  shall  constantly  maintain  in  good  repair  all  bridges,  with 
their  abutments  and  embankments,  which  they  may  construct  for 
the  purpose  of  conducting  said  railroad  over  any  turnpike,  private 
way,  or  highway,  or  for  conducting  such  turnpike,  private  way, 
or  highway  over  said  railroad,  and  in  default  thereof,  shall  be 
liable,  in  an  action  on  the  case,  to  respond  in  damages  to  any  party 
aggrieved. 


448  ASHUELOT   RAILROAD    COMPANY. 

Sect.  7.  Unless  one  half  of  the  capital  stock  above  specified 
shall  be  subscribed  for,  and  the  company  organized  before  the  first 
day  of  January,  in  the  year  of  our  Lord,  one  thousand  eight  hun- 
dred and  forty-eight,  and  the  sum  of  thirty  thousand  dollars  shall 
have  been  expended  towards  the  construction  of  said  road  before 
the  first  day  of  January,  in  the  year  of  our  Lord,  one  thousand 
eight  hundred  and  fifty,  this  Act  shall  be  null  and  void.  And  this 
Act  shall  be  null  and  void  as  to  any  and  every  portion  of  said  rail- 
road, which  shall  not  be  completed  and  fit  for  use,  on  or  before  the 
first  day  of  January,  in  the  year  of  our  Lord,  one  thousand  eight 
hundred  and  fifty- four.  And  said  corporation  are  required  to  keep 
said  road  and  bridges  in  good  repair,  and  provide  suitable  and  pro- 
per engines  and  cars  for  the  conveyance  of  passengers  and  property 
over  the  road,  and  cause  the  said  engines  and  cars  to  be  run  each 
way  at  least  once  a  day,  Sundays  excepted,  to  accommodate  the 
public  travel  and  transportation,  except  when  prevented  by  una- 
voidable accidents  and  contingencies. 

Sect.  8.  The  annual  meeting  of  the  members  or  stockholders  of 
the  corporation  shall  be  held  on  the  day  prescribed  by  the  by-laws, 
and  at  such  place  as  the  directors  for  the  time  being  shall  appoint, 
or  as  the  by-laws  shall  prescribe,  at  which  meeting  the  directors 
shall  be  chosen  by  ballot.  The  directors  may  call  special  meet- 
ings of  the  stockholders  whenever  they  shall  deem  it  expedient, 
giving  such  notice  as  the  corporation  by  their  by-laws  shall  direct. 
And  any  three  of  the  five  persons  first  named  in  this  Act,  may 
call  the  first  meeting  of  the  corporation,  by  a  notice,  published  two 
weeks  successively  before  said  meeting,  in  one  or  more  newspapers 
published  at  Keene,  Brattleboro',  Vermont,  and  Fitchburg,  Blassa- 
chusetts;  at  which  meeting,  associates  may  be  admitted,  by-laws 
adopted,  and  a  president  and  clerk,  and  such  other  officers,  and 
such  agents,  and  committees  may  be  chosen  or  appointed,  as  may 
be  deemed  necessary  to  carry  into  effect  the  objects  of  this  Act, 
who  shall  hold  their  offices  no  longer  than  until  a  board  of  directors 
shall  be  chosen. 

Sect.  9.  The  expenses  heretofore  incurred  in  making  surveys 
and  accomplishing  other  purposes  in  relation  to  said  railroad,  and 
suitable  compensation  for  time  expended,  the  claims  being  audited 
and  allowed  by  the  directors,  shall  constitute  a  valid  charge  against 
the  corporation,  and  be  allowed  in  discharge  of  assessments  on 
shares. 

Sect.  10.  This  corporation  shall  hold  and  enjoy  the  privileges 


NEW   HAMPSHIRE.  449 

and  franchises  herein  granted,  subject  to  the  laws  in  relation  to 
corporations  and  railroads  as  they  now  stand  in  the  Revised  Sta- 
tutes, except  so  far  as  the  said  laws  have  been  modified  or  amend- 
ed, and  so  long  as  said  laws  shall  remain  in  force,  and  subject  to 
the  provisions  of  an  Act  to  render  railroad  corporations  public  in 
certain  cases,  and  constituting  a  board  of  railroad  commissioners, 
upon  the  acceptance  of  the  same  by  said  corporation. 

Sect.  11.  Whereas  the  legislature  of  the  State  of  Vermont,  at 
their  session  in  October,  A.  D.  1843,  incorporated  the  Brattleboro' 
and  Fitchburg  Railroad  Company,  and  authorized  and  empowered 
the  same  to  build  a  railroad,  with  a  single  or  double  track,  from 
the  east  village  of  said  Brattleboro'  southerly  to  the  south  or  east 
line  of  said  State  of  Vermont,  where  it  will  most  conveniently 
meet  any  other  company,  that  may  be  chartered  between  Fitch- 
burg and  Brattleboro',  in  any  way  not  inconsistent  with  the  laws 
of  Vermont : 

And  whereas  the  legislature  of  the  State  of  Massachusetts,  at 
their  January  session,  A.  D.  1844,  incorporated  the  Massachusetts 
and  Vermont  Railroad  Company,  and  authorized  the  same  to  build 
a  railroad  with  one  or  more  tracks,  from  some  convenient  point  on 
the  location  of  the  Fitchburg  Railroad,  in  the  town  of  Fitchburg, 
county  of  Worcester,  northerly  to  the  north  line  of  the  State,  in 
the  town  of  Warwick,  county  of  Franklin,  where  it  will  most  con- 
veniently meet  any  other  company,  that  may  be  chartered  between 
Fitchburg  and  Brattleboro',  in  any  way  not  inconsistent  with  the 
laws  of  Massachusetts  : 

Now  be  it  further  enacted^  That  the  said  Ashuelot  Railroad  Com- 
pany are  hereby  authorized  to  unite  with  the  said  Brattleboro'  and 
Fitchburg  Railroad  Company,  and  the  said  Vermont  and  Massa- 
chusetts Railroad  Company,  and  with  any  other  company,  or  with 
any  other  companies,  which  are  or  may  be  incorporated  and  em- 
powered to  continue  and  extend  a  railroad  from  said  Fitchburg  to 
said  Brattleboro'.  And  when  the  said  companies,  so  extending 
between  Fitchburg  and  Brattleboro',  shall  have  united,  the  stock- 
holders of  one  company  shall  become  stockholders  in  the  other, 
and  the  three  companies  shall  constitute  one  corporation,  under  the 
name  of  the  Vermont  and  Massachusetts  Railroad  Company ;  and 
all  the  franchises,  property,  powers,  and  privileges  granted  or  ac- 
quired under  the  authority  of  the  said  States,  respectively,  shall  be 
held  and  enjoyed  by  all  the  said  stockholders,  in  proportion  to  the 
amount  of  property  held  by  them  respectively,  in  either  or  all  of 

38* 


450  ASHUELOT    RAILROAD    COMPANY. 

said  corporations.  Or  if  it  shall  be  deemed  a  more  convenient 
mode  of  union,  the  said  Vermont  and  Massachusetts  Railroad 
Company  may  purchase  and  hold  the  shares  of  capital  stock  in 
such  intermediate  road  or  roads,  between  the  north  line  of  Massa- 
chusetts and  the  said  east  village  of  Brattleboro'. 

Sect.  12.  One  or  more  of  the  directors  or  other  officers  of  said 
Vermont  and  Massachusetts  Railroad  Company,  as  provided  in  the 
preceding  section,  shall  at  all  times  be  an  inhabitant  of  this  State, 
on  whom  process  against  said  company  may  be  legally  served,  and 
said  company  shall  be  held  to  answer  in  the  jurisdiction,  where  the 
service  is  made  and  the  process  is  returnable. 

Sect.  13.  The  said  company  shall  keep  separate  accounts  of 
their  expenditures  in  New  Hampshire,  Massachusetts,  and  Ver- 
mont; and  one  commissioner  shall  be  appointed  by  the  governor  of 
each  State,  in  which  said  road  is  located,  to  hold  their  offices  for 
the  term  of  four  years,  and  to  be  reasonably  compensated  by  said 
company,  who  shall  decide  what  portion  of  all  the  expenditures  of 
said  company,  and  of  its  receipts  and  profits,  properly  pertain  to 
that  part  of  the  road  within,  and  what  part  without  this  State ; 
and  the  annual  report  required  to  be  made  to  the  legislature  of  the 
State,  shall  be  approved  by  the  said  commissioners,  and  shall  share 
[show7J  the  expenditures,  receipts,  and  profits  belonging  to  the 
respective  parts  of  said  road,  in  each  of  the  States  aforesaid. 

Sect.  14.  The  said  company  and  the  stockholders  therein,  so 
far  as  their  road  shall  be  situated  in  New  Hampshire,  shall  be  sub- 
ject to  all  the  duties  and  liabilities  of  the  Ashuelot  Railroad  Com- 
pany, created  by  the  provisions  of  this  x4.ct,  and  the  general  laws 
of  this  State,  to  the  same  extent  as  said  company  would  have  been, 
had  the  whole  line  of  said  railroad  been  located  within  the  limits 
of  New  Hampshire. 

Sect.  15.  The  legislature  may  alter,  amend,  or  modify  the  pro- 
visions of  this  Act,  or  repeal  the  same,  notice  being  given  to  the 
corporation,  and  an  opportunity  to  be  heard. 

Sect.  16.  This  Act  shall  take  effect  upon  the  passage  thereof. 
Approved^  December  27,  1844. 

Laws  of  18-i6,  Chap.  394. 
An  Act  to  incorporate  tlie  Ashuelot  Railroad  Company. 

Sect.  1.  Be  it  enacted,  6)'c.  That  James  Wilson,  Calvin  Page, 
Sylvanus  Bartlett,  David  Ball,  Henry  Kingman,  William  Haile, 


NEW   HAMPSHIRE.  451 

Levi  Green,  their  associates,  successors,  arid  assigns,  shall  be  and 
are  hereby  made  a  body  politic  and  corporate,  by  the  name  of  the 
Ashuelot  Railroad  Company,  and  by  that  name  may  sue  and  be 
sued,  prosecute  and  be  prosecuted  to  final  judgment  and  execution, 
and  are  hereby  vested  with  all  the  powers  necessary  and  proper  to 
carry  into  effect  the  purposes  and  objects  of  this  Act ;  but  shall 
hold  no  more  land  at  any  one  time,  exclusive  of  that  within  the 
limits  of  the  road,  and  land  purchased  to  procure  stone,  sand,  and 
gravel,  than  shall  be  worth,  at  the  time  of  its  purchase,  five  per 
cent,  of  the  capital  stock  of  the  company. 

Sect.  2.  The  said  company  are  hereby  authorized  and  em- 
powered to  construct,  and  finally  complete  for  public  use,  and  keep 
in  use,  a  railroad  from  some  point  on  the  Cheshire  Railroad,  either 
in  the  towns  of  Keene  or  Swanzey ;  thence  down  the  valley  of  the 
Ashuelot  River,  through  the  towns  of  Swanzey,  Winchester,  and 
Hinsdale,  to  connect  in  said  town  of  Hinsdale  with  any  railroad 
that  may  be  constructed  in  the  valley  of  the  Connecticut  River, 
and  leading  through  said  town  of  Hinsdale.  And  said  corporation 
are  required  to  keep  said  road  in  good  repair,  and  provide  suitable 
and  proper  engines  and  cars,  for  the  conveyance  of  passengers  and 
property  over  the  road,  and  cause  the  said  engines  and  cars  to  be 
run  each  way  at  least  once  a  day,  Sundays  excepted,  to  accommo- 
date the  public  travel  and  transportation,  except  when  prevented 
by  unavoidable  accidents  and  contingencies. 

Sect.  3.  The  capital  stock  of  said  corporation  shall  consist  of 
five  thousand  shares  ;  and  the  immediate  government  and  direction 
of  the  affairs  thereof  shall  be  vested  in  seven  directors,  who  shall 
be  chosen  by  the  members  or  stockholders,  in  the  manner  to  be 
hereinafter  provided ;  and  shall  hold  their  offices,  until  others  shall 
be  duly  elected  and  qualified  to  take  their  places  as  directors. 
And  the  said  directors,  a  majority  of  whom  shall  form  a  quorum 
for  the  transaction  of  business,  shall  elect  one  of  their  own  num- 
ber to  be  president  of  the  board,  who  shall  also  be  president  of  the 
company ;  and  they  shall  have  authority  to  choose  a  clerk,  who 
shall  be  sworn  to  the  faithful  discharge  of  his  duty,  and  shall  also 
be  clerk  of  the  company,  unless  they  shall  elect  some  other  person 
to  that  office  ;  and  they  shall  also  have  authority  to  choose  a  trea- 
surer, who  shall  give  bonds  to  the  corporation,  wath  sureties  to  the 
satisfaction  of  the  directors  in  a  sum  not  less  than  twenty  thou- 
sand dollars,  for  the  faithful  discharge  of  his  trust,  and  such  other 
agents  and  servants  as  shall  from  time  to  time  be  necessary. 


452  ASHUELOT    RAILROAD    COMPANY. 

Sect.  4.  A  toll  is  hereby  granted  to  the  corporation,  for  their 
benefit,  on  all  passengers  and  property  which  may  be  conveyed  on 
said  railroad,  at  such  rates  as  may  be  from  time  to  time  agreed  oil 
by  the  directors :  Provided,  that  in  any  and  every  year,  when 
their  net  receipts  shall  exceed  the  average  of  ten  per  cent,  per  an- 
num from  the  commencement  of  their  operations,  the  excess  shall 
be  paid  into  the  treasury  of  the  State,  until  otherwise  directed  by 
the  legislature.  And  the  directors  are  hereby  authorized  to  erect 
toll-houses,  and  houses  for  the  deposit  of  merchandise,  and  demand 
and  receive  toll  upon  the  road  when  completed,  and  upon  such 
parts  thereof,  as  shall  from  time  to  time  be  completed. 

Sect,  5.  The  president  and  directors  for  the  time  being  are 
authorized  and  empowered,  by  themselves  or  their  agents,  to  exer- 
cise all  the  powers  herein  granted  to  the  corporation,  for  the  pur- 
pose of  constructing  and  completing  said  railroad,  and  for  the 
transportation  of  persons,  goods,  and  merchandise  thereon,  and  all 
such  other  powers  and  authority  for  the  management  of  the  affairs 
of  the  corporation,  not  heretofore  granted,  as  may  be  necessary 
and  proper  to  carry  into  effect  the  object  of  this  grant ;  to  purchase 
land,  materials,  engines,  cars,  and  other  necessary  things  in  the 
name  of  the  corporation,  for  the  use  or  on  the  line  of  the  road,  and 
for  the  transportation  of  persons,  goods,  and  merchandise ;  to  make 
such  equal  assessments  from  time  to  time  on  all  the  shares  in  said 
corporation,  as  they  may  deem  expedient  and  necessary  in  the 
execution  and  progress  of  the  work,  and  direct  the  same  to  be  paid 
to  the  treasurer  of  the  corporation,  and  the  treasurer  shall  give 
notice  of  such  assessments.  And  if  any  subscriber  shall  neglect, 
for  sixty  days  after  such  notice,  to  pay  his  assessments,  the  direct- 
ors may  order  the  treasurer  to  sell  his  share  or  shares  at  public 
auction  (due  notice  thereof  being  given,)  to  the  highest  bidder, 
and  the  same  shall  be  transferred  to  the  purchaser ;  and  such  de- 
linquent subscriber  shall  be  held  accountable  to  the  corporation  for 
the  balance,  if  his  share  or  shares  shall  sell  for  less  than  the  assess- 
ments due  thereon,  with  interest  and  cost  of  sale,  and  shall  be 
entitled  to  the  overplus,  if  any  there  be  :  Provided,  that  no  assess- 
ment shall  be  laid  on  any  share  of  a  greater  amount  than  one  hun- 
dred dollars  in  the  whole,  on  each  share.  And  if  a  greater  amount 
of  money  shall  be  necessary,  it  shall  be  raised  by  creating  new 
shares,  giving  to  the  stockholders  in  the  corporation  the  right  to 
take  said  shares,  in  proportion  to  the  shares  by  them  respectively 
owned  in  said  corporation. 


NEW   HAMPSHIRE.  453 

Sect.  6.  If  the  said  railroad  in  the  course  thereof  shall  intersect 
or  cross  any  private  way,  the  said  corporation  shall  so  construct 
said  railroad  as  not  to  obstruct  the  safe  and  convenient  use  of  such 
private  way ;  and  if  said  railroad  shall  not  be  so  constructed,  the 
party  aggrieved  shall  be  entitled  to  his  action  on  the  case,  and  shall 
recover  reasonable  damages  for  such  injury  ;  but  no  action  shall 
be  commenced  after  the  expiration  of  two  years  from  the  obstruc- 
tion aforesaid.     And  if  the  said  railroad  shall,  in  the  course  there- 
of, intersect  or  cross  any  canal,  turnpike,  or  other  highway,  the 
said  railroad  shall  be  so  constructed  as  not  to  impede  or  obstruct 
the  safe  and  convenient  use  of  such  canal,  turnpike,  or  other  high- 
way ;  and  the  corporation  shall  have  the  power  to  raise  or  lower 
such  turnpike,  highway,  or  private  way,  so  that  the  railroad,  if 
necessary,  may  conveniently  pass  under  or  over  the  same  ;  and  if 
said  corporation  shall  raise  or  lower  any  such  turnpike,  highway, 
or  private  way,  and  shall  not  so  raise  or  lower  the  same  as  to  be 
satisfactory  to  the  proprietors  of  such  turnpike,  or  to  the  selectmen 
of  the  town  in  which  said  highway  or  private  way  may  be  situate, 
as  the  case  may  be,  said  proprietors  or  selectmen  may  require  in 
writing  of  said  corporation  such  alteration  or  amendment  as  they 
may  think  necessary.     And  if  the  required  alteration  or  amend- 
ment be 'reasonable  and  proper,  in  the  written  opinion  of  the  road 
commissioners  for  the  county  in  which  such  alteration  or  amend- 
ment is  proposed,  and  the  said  corporation  shall  unnecessarily  and 
unreasonably  neglect  to  make  the  same,  such  proprietors  or  select- 
men, as  the  case  my  be,  may  proceed  to  make  such  alteration  or 
amendment,  and  may  institute  and  prosecute  to  final  judgment  and 
execution  any  action  on  the  case  against  said  corporation,  and 
shall  therein  recover  reasonable  damage  for  all  charges,  disburse- 
ments, labor,  and  services  occasioned  by  making  such  alterations 
or  amendments,  with  costs  of  suit.     And  whenever  said  railroad 
shall  intersect  or  cross  any  highway,  the  board  of  road  commis- 
sioners within  the  county,  on  notice  given,  and  hearing  had  for 
this  purpose,  may  direct  that  such  place  of  crossing  or  intersection 
shall  be  secured  by  a  bridge  over  said  road,  or  by  the  erection  of 
gates  on  both  sides  of  said  road,  should  either,  in  their  opinion, 
be  essential  to  the  public  safety  ;  and  such  powers  shall  be  vested 
solely  in  the  road  commissioners.     And  the  said  company  shall 
constantly  maintain  in  good  repair  all  bridges,  with  their  abut- 
ments and  embankments,  which  they  may  construct  for  the  pur- 
pose of  conducting  said  railroad  over  any  turnpike,  private  way, 


454  ASHUELOT    RAILROAD    COMPANY. 

or  highway,  or  for  conducting  such  turnpike,  private  way,  or 
highway  over  said  railroad ;  and  in  default  thereof  shall  be  liable, 
in  an  action  on  the  case,  to  respond  in  damages  to  any  party 
aggrieved. 

Sect.  7.  The  annual  meeting  of  the  members  or  stockholders  of 
the  corporation  shall  be  held  on  the  day  prescribed  by  the  by-laws, 
and  at  such  place  in  this  State  as  the  directors  for  the  time  being 
shall  appoint,  or  as  the  by-laws  shall  prescribe,  at  which  meeting 
seven  directors  shall  be  chosen  by  ballot.  The  directors  may  call 
special  meetings  of  the  stockholders  whenever  they  shall  deem  it 
expedient,  giving  such  notice  as  the  corporation  by  their  by-laws 
may  direct.  And  any  three  of  the  five  persons  first  named  in  this 
Act  may  call  the  first  meeting  of  the  corporation,  by  a  notice  pub- 
lished two  weeks  successively,  in  the  newspapers  published  at 
Keene,  and  in  the  Winchester  Gazette,  published  at  Winchester; 
at  which  meeting  associates  may  be  admitted,  by-laws  adopted, 
and  a  president  and  clerk,  and  such  other  officers  and  such 
agents  and  committees  may  be  chosen  or  appointed,  as  may  be 
deemed  necessary  to  carry  into  effect  the  objects  of  this  Act,  who 
shall  hold  their  offices  no  longer  than  until  a  board  of  directors 
shall  be  chosen. 

Sect.  8.  The  expenses  incurred  in  making  surveys,  and  accom- 
plishing other  purposes  in  relation  to  said  railroad,  and  suitable 
compensation  for  time  expended,  the  claims  being  audited  and 
allowed  by  the  directors,  shall  constitute  a  valid  charge  against 
the  corporation,  and  be  allowed  in  discharge  of  assessments  on 
shares. 

Sect.  9.  The  legislature  may  alter  or  amend  the  provisions  of 
this  Act,  for  cause  assigned,  notice  being  given  to  the  corporation, 
aff"ording  them  a  sufficient  opportunity  to  be  heard,  and  not  other- 
wise ;  and  may  repeal  this  Act,  for  a  violation  thereof  Approved^ 
July  10,  1846. 

Laws  of  1848,  Chap.  618. 

An  Act  to  alter  and  amend  the  charters  of  certain  Corporations  therein  named. 

Whereas,  at  the  session  of  the  legislature  in  June,  in  the  year  of 
our  Lord,  one  thousand  eight  hundred  and  forty-six,  a  very  large 
and  unusual  number  of  Acts  of  incorporation  was  passed,  contain- 
ing unusual  and  extraordinary  provisions  in  relation  to  alteration, 


NEW  HAMPSHIRE.  455 

amendment,  or  repeal  by  the  legislature  —  and  whereas  the  public 
good  requires  that  each  and  all  of  said  Acts  be  so  far  amended,  as 
to  be  at  all  times  subject  to  alteration,  amendment,  or  repeal  by  the 
legislature,  thereby  subjecting  them  to  the  control  of  the  people 
through  their  representatives  in  general  court  assembled  —  there- 
fore : 

Sect.  1.  Be  it  enacted,  6^'c.  That  the  several  Acts  passed  at  the 
June  session  of  the  legislature,  1846,  of  the  following  titles,  to 
wit :  [among  others]  an  Act  to  incorporate  the  East  Wilton  and 
Groton  Railroad  Company ;  an  Act  to  incorporate  the  Souhegan 
Railroad  Company ;  an  Act  to  incorporate  the  Peterborough  and 
Shirley  Railroad  Company  ;  an  Act  to  incorporate  the  Ashuelot 
Railroad  Company ;  an  Act  to  incorporate  the  Sullivan  Railroad 
Company ;  an  Act  to  incorporate  the  Franklin  and  Bristol  Rail- 
road ;  an  Act  to  establish  the  Salisbury  and  East  Kingston  Rail- 
road Company,  be  and  the  same  are  hereby  so  far  amended,  as  that 
the  legislature  may  at  any  time  alter,  amend,  or  repeal  either  of 
the  same,  whenever  in  the  opinion  of  the  legislature  the  public  good 
may  require. 

Sect.  2.  That  all  Acts,  and  parts  of  Acts,  inconsistent  with  the 
provisions  of  this  Act,  be  and  the  same  are  hereby  repealed.  Ap- 
proved, June  23,  1848. 

Laws  of  1848,  Chap.  664. 

An  Act  in  addition  to  and  in  amendment  of  an  Act,  entitled  "  An  Act  to  incorpo- 
rate the  Ashuelot  Railroad  Company." 

Sect.  1.  Be  it  enacted,  ^c.  That  the  said  company  are  hereby 
authorized  and  empowered  to  construct,  and  finally  complete  for 
public  use,  and  keep  in  use,  a  railroad  from  some  point  on  the 
Cheshire  Railroad,  either  in  the  towns  of  Keene  or  Swanzey,  thence 
down  the  valley  of  the  Ashuelot  River,  through' the  towns  of  Swan- 
zey, Winchester,  and  Hinsdale,  to  the  line  of  the  State  of  Vermont 
or  Massachusetts,  with  the  right  and  privilege  of  constructing  a 
bridge  across  the  Connecticut  River,  in  the  town  of  Hinsdale : 
Provided,  that  said  bridge  shall  be  so  constructed  as  not  unneces- 
sarily to  impede  the  navigation  of  said  river. 

Sect.  2.  All  Acts  and  parts  of  Acts  inconsistent  with  the  pro- 
visions of  this  Act  are  hereby  repealed. 

Sect.  3.  This  Act  shall  take  effect  from  the  passage  of  the  same. 
Approved,  June  21,  1848. 


456  WILTON  RAILROAD    COMPANY. 


^\aLTON    RAILROAD    COMPANY. 

INCORPORATED    IN    NEW    HAMPSHIRE    IN    1844. 

Chap.  194  of  the  Private  Acts   of  1844  contains  the  Charter. 

Sect.  1  grants  corporate  powers,  restricting  the  right  to  hold  real  estate,  exclusive 
of  that  within  the  limits  of  the  road  and  for  its  construction,  to  5  per  cent,  on  the 
capital  stock. 

Sect.  2  describes  the  roiite. 

Sect.  3  divides  the  capital  stock  into  5000  shares,  vests  the  government  in  seven 
Directors,  and  provides  for  the  choice  of  officers. 

Sect.  4  grants  a  toll,  provided  they  pay  into  the  State  treasury,  each  year,  the  excess 
of  the  net  income  over  10  per  cent,  on  the  capital  stock. 

Sect.  5  defines  the  powers  and  duties  of  the  officers,  and  authorizes  making  equal 
assessments,  not  exceeding  $100  on  each  share,  a  sale  of  shares  for  nonpayment 
thereof,  after  notice,  and  creating  new  shares,  if  necessary,  to  be  distributed  among 
the  original  stockholders. 

Sect.  6  estabhshes  the  mode  of  crossing  any  private  way,  highway,  canal,  or  turn- 
pike, giving  any  party  aggrieved  a  right  of  action,  to  be  commenced  within  two 
years  from  the  time  of  the  obstruction;  it  requires  that  they  make  alterations  neces- 
sary in  the  opinion  of  the  County  Commissioners,  in  crossing  highways  or  turn- 
pikes, at  the  request  of  the  Selectmen  of  any  town,  or  the  proprietors  of  any  tum- 
l^ike,  in  neglect  or  refusal  of  which  they  shall  be  liable  to  an  action  for  damages  ; 
and  that  they  erect  and  maintain  a  bridge  over,  or  gates  on  each  side  of,  a  high- 
way which  they  cross  or  intersect,  and  maintain  all  other  bridges,  in  default  thereof 
being  liable  for  damages. 

Sect.  7  provides  that,  if  one  half  of  the  stock  be  not  subscribed  for,  and  the  Company 
organized  before  January  1,  1848,  and  !^50,000  expended  in  its  construction  before 
January  1,  1850,  this  Act  shall  be  void;  and  it  shall  be  void  as  to  every  part  not 
completed  and  fit  for  use,  before  January  1,  1854  ;  it  requires  that  they  keep  suit- 
ble  engines  and  cars,  and  run  them  each  way  at  least  once  a  day,  excepting  Sun- 
days. 

Sect.  8  appoints  the  time  of  the  annual  meeting,  when  Directors  shall  be  chosen, 
provides  that  special  meetings,  if  necessary,  may  be  called,  and  directs  the  mode 
of  organization. 

Sect.  9  provides  that  expenses  of  surveys,  and  for  other  purposes  relating  to  the 
road,  when  audited  by  the  Directors,  shall  constitute  a  charge  against  the  Corpo- 
ration, and  be  allowed  in  discharge  of  assessments  on  shares. 

Sect.  10  authorizes  them  to  frame  by-laws,  not  repugnant  to  the  laws  of  the  State. 

Sect.  1 1  reserves  to  the  Legislature  the  power  to  alter  or  repeal  this  Act. 

Chapter  195  of  the  Private  Acts  of  1845  makes  the  Act  subject  to  the  provisions  of  the 

Revised  Statutes. 


NEW    HAMPSHIRE.  457 

Laws  of  1844,  Chap.  194. 

An  Act  to  incorporate  the  "Wilton  Railroad  Company. 

Sect.  1.  Be  it  enacted,  »^*c.  That  Zebediah  Shattuck,  Abram 
Whittemore,  James  Parker,  Elijah  Averill,  Alfred  Greeley,  James 
U.  Parker,  Edwin  Steele,  Solomon  Spalding,  Joseph  Newell.  Asa 
F.  Lawrence,  William  Scott,  Ashby  Morgan,  Richard  Boylston. 
their  associates,  successors,  and  assigns,  shall  be  and  hereby  are 
made  a  body  politic  and  corporate,  by  the  name  of  the  Wilton  Rail- 
road Company,  and  by  that  name  may  sue  and  be  sued,  prosecute 
and  be  prosecuted  to  final  judgment  and  execution,  and  are  hereby 
vested  with  all  the  powers  necessary  and  proper  to  carry  into  effect 
the  purposes  and  objects  of  this  Act ;  but  shall  hold  no  more  land 
at  any  one  time,  exclusive  of  that  within  the  limits  of  the  road, 
and  land  purchased  to  procure  stone,  sand,  and  gravel,  than  shall  be 
worth,  at  the  time  of  its  purchase,  five  percent,  of  the  capital  stock 
of  the  company. 

Sect.  2.  The  said  company  are  hereby  authorized  and  em- 
powered to  construct,  and  finally  complete  for  public  use,  and  keep 
in  use,  a  railroad,  beginning  at  any  point  on  the  Concord  Railroad, 
between  Souhegan  River  and  the  junction  of  said  Concord  Railroad, 
and  the  Nashua  and  Lowell  Railroad  ;  thence  running  to  Amherst 
village,  and  through  Milford,  to  some  point  in  East  Wilton,  or  at 
any  point  on  the  Nashua  and  Lowell  Railroad,  in  the  village  of 
Nashville  ;  thence  to  some  point  in  East  Wilton  ;  thence  to  Green- 
field, or  to  the  centre  village  of  Peterborough,  and  thence  to  Mar- 
low  ;  or  beginning  at  any  point  on  the  south  line  of  the  State. 
within  one  mile  of  Nissitissett  River  ;  thence  running  to  some  point 
in  East  Wilton,  thence  to  Greenfield  or  to  the  centre  village  of 
Peterborough,  and  thence  to  Marlow  as  aforesaid  ;  the  said  corpo- 
ration being  authorized  to  construct  a  railroad  on  either  of  said 
routes,  or  any  portion  thereof. 

Sect.  3.  The  capital  stock  of  said  corporation  shall  consist  of 
five  thousand  shares ;  and  the  immediate  government  and  direc- 
tion of  the  afiairs  thereof,  shall  be  vested  in  seven  directors,  who 
shall  be  chosen  by  the  members,  or  stockholders,  in  the  manner 
hereinafter  provided,  and  shall  hold  their  offices  until  others  shall 
be  duly  elected  and  qualified  to  take  their  places  as  directors.  And 
the  said  directors,  a  majority  of  whom  shall  forma  quorum  for  the 

39 


458  WILTON  HAILROAD   COMPANY. 

transaction  of  business,  shall  elect  one  of  their  number  to  be  pre- 
sident of  the  board,  who  shall  also  be  president  of  the  company, 
and  they  shall  have  authority  to  choose  a  clerk,  who  shall  be  sworn 
to  the  faithful  discharge  of  his  duty,  and  shall  also  be  clerk  of  the 
company,  unless  they  shall  elect  some  other  person  to  that  office  ; 
and  they  shall  also  have  authority  to  choose  a  treasurer,  who  shall 
give  bonds  to  the  corporation,  with  sureties  to  the  satisfaction  of 
the  directors,  in  a  sum  not  less  than  ten  thousand  dollars,  for 
the  faithful  discharge  of  his  trust ;  and  such  other  agents  and  ser- 
vants as  shall,  from  time  to  time,  be  necessary. 

Sect.  4.  A  toll  is  hereby  granted  to  the  corporation,  for  their 
benefit  on  all  passengers  and  property  which  may  be  conveyed  on 
said  railroad,  at  such  rates  as  may  be  from  time  to  time  agreed  on 
by  the  directors  ;  provided  that  in  any  and  every  year,  when  their 
net  receipts  shall  exceed  the  average  of  ten  per  cent,  per  annum 
from  the  commencement  of  the  corporations  [operations?]  the  excess 
shall  be  paid  into  the  treasury  of  the  State,  until  otherwise  directed 
by  the  legislature.  And  the  directors  are  hereby  authorized  to  erect 
toll-houses,  and  houses  for  the  deposit  of  merchandise,  and  de- 
mand and  receive  toll  upon  the  road  when  completed,  and  upon 
such  parts  thereof  as  shall  from  time  to  time  be  completed. 

Sect.  5.  The  president  and  directors  for  the  time  being  are  hereby 
authorized  and  empowered,  by  themselves  or  their  agents,  to  exer- 
cise all  the  powers  herein  granted  to  the  corporation  for  the  purposes 
of  constructing  and  completing  said  railroad,  and  for  the  transpor- 
tation of  persons,  goods,  and  merchandise  thereon, and  all  such  other 
powers  and  authority  for  the  management  of  the  affairs  of  the 
corporation,  not  heretofore  granted,  as  may  be  necessary  and  proper 
to  carry  into  effect  the  object  of  this  grant,  to  purchase  lands, 
materials,  engines,  cars,  and  other  necessary  things  in  the  name  of 
the  corporation,  for  the  use  or  on  the  line  of  the  road,  and  for  the 
transportation  of  persons,  goods,  and  merchandise;  to  make  such 
equal  assessments  from  time  to  time  on  all  the  shares  in  said  cor- 
poration, as  they  may  deem  expedient  and  necessary  in  the  execu- 
tion and  progress  of  the  work,  and  direct  the  same  to  be  paid  to 
the  treasurer  of  the  corporation  ;  and  the  treasurer  shall  give 
notice  of  such  assessment.  And  if  any  subscriber  shall  neglect, 
for  sixty  days  after  such  notice,  to  pay  his  assessments,  the  direct- 
ors may  order  the  treasurer  to  sell  at  public  auction,  to  the  high- 
est bidder,  due  notice  thereof  being  previously  given,  and  the 
same  shall  be  transferred  to  the  purchaser ;  and  such  delinquent 


NEW  HAMPSHIKE.  459 

subscriber  shall  be  held  accountable  to  the  corporation  for  the 
balance,  if  his  share  or  shares  shall  sell  for  less  than  the  assess- 
ments due  thereon,  with  interest  and  cost  of  sale,  and  shall  be 
entitled  to  the  overplus,  if  any  there  be  ;  provided,  that  no  assess- 
ments shall  be  laid  on  any  share  of  greater  amount  than  one  hun- 
dred dollars,  in  the  whole,  on  each  share  ;  and  if  a  greater  amount 
of  money  shall  be  necessary,  it  shall  be  raised  by  creating  new 
shares,  giving  the  stockholders  in  the  corporation  the  right  to  take 
said  shares,  in  proportion  to  the  shares  by  them  respectively  owned 
in  said  corporation. 

Sect.  6.  If  the  said  railroad,  in  the  course  thereof,  shall  inter- 
sect or  cross  any  private  way,  the  said  corporation  shall  so  con- 
struct said  railroad,  as  not  to  obstruct  the  safe  and  convenient  use  of 
such  private  way  ;  and  if  said  railroad  shall  not  be  so  constructed, 
the  party  aggrieved  shall  be  entitled  to  his  action  on  the  case,  and 
shall  recover  reasonable  damages  for  such  injury;  but  no  action 
shall  be  commenced  after  the  expiration  of  two  years  from  the 
obstruction  aforesaid.  And  if  said  railroad,  in  the  course  thereof, 
shall  intersect  or  cross  any  canal,  turnpike,  or  other  highway, 
the  said  railroad  shall  be  so  constructed  as  not  to  impede,  or  ob- 
struct the  safe  and  convenient  use  of  such  canal,  turnpike,  or  other 
highway ;  and  the  corporation  shall  have  the  power  to  raise  or 
lower  such  turnpike,  highway,  or  private  way,  so  that  the  railroad, 
if  necessary,  may  conveniently  pass  under  or  over  the  same ;  and 
if  said  corporation  shall  raise  or  lower  any  such  turnpike,  highway, 
or  private  way,  and  shall  not  so  raise  or  lower  the  same  as  to  be 
satisfactory  to  the  proprietors  of  such  turnpike,  or  the  selectmen  of 
the  town  in  which  such  highway  or  private  way  may  be  situated, 
as  the  case  may  be,  said  proprietors  or  selectmen  may  require,  in 
writing,  of  said  corporation,  such  alteration  or  amendment  as  they 
may  think  necessary.  And  if  the  required  alteration  or  amend- 
ment be  reasonable  and  proper,  in  the  written  opinion  of  the  road 
connnissioners  for  the  county  in  which  such  alteration  or  amend- 
ment is  proposed,  and  the  said  corporation  shall  unreasonably 
neglect  to  make  the  same,  such  proprietors  or  selectmen,  as  the 
case  may  be,  may  proceed  to  make  such  alteration  or  amend- 
ment, and  may  institute  and  prosecute  to  final  judgment  and  exe- 
cution, any  action  on  the  case  against  said  corporation,  and  shall 
thereon  recover  reasonable  damages  for  all  charges,  disbursements, 
labor,  and  services  occasioned  by  making  such  alteration  or  amend- 
ment,   with  costs  of  suit.      And   whenever    said    railroad    shall 


460  WILTON  RAILROAD   COMPANY. 

intersect  or  cross  any  highway,  the  board  of  road  commissioners 
within  the  county,  on  notice  given,  and  hearing  had  for  that  pur- 
pose, may  direct  that  such  place  of  crossing,  or  intersection  shall 
be  secured  by  a  bridge  over  said  road,  or  by  the  erection  of  gates 
on  both  sides  of  said  road,  should  either,  in  their  opinion,  be  essen- 
tial to  the  public  safety  ;  and  such  powers  shall  be  vested  solely 
in  the  road  commissioners.  And  the  said  company  shall  con- 
stantly maintain  in  good  repair  all  bridges,  with  their  abutments 
and  embankments,  which  they  may  construct  for  the  purpose  of 
conducting  said  railroad  over  any  turnpike,  private  way,  or  high- 
way, over  said  railroad  ;  and  in  default  thereof,  shall  be  liable,  in 
an  action  on  the  case,  to  respond  in  damages  to  any  party  ag- 
grieved. 

Sect.  7.  Unless  one  half  of  the  capital  stock  above  specified 
shall  be  subscribed  for,  and  the  company  organized  before  the 
first  day  of  January,  in  the  year  of  our  Lord,  one  thousand  eight 
hundred  and  forty-eight,  and  the  sum  of  fifty  thousand  dollars 
shall  have  been  expended  towards  the  construction  of  said  rail- 
road, before  the  first  day  of  January,  in  the  year  of  our  Lord,  one 
thousand  eight  hundred  and  fifty,  this  Act  shall  be  void.  And 
this  Act  shall  be  null  and  void  as  to  any  and  every  portion  of  said 
railroad,  which  shall  not  be  completed  and  fit  for  use,  on  or 
before  the  first  day  of  January,  in  the  year  of  our  Lord,  one  thou- 
sand eight  hundred  and  fifty-four.  And  said  corporation  are 
required  to  keep  said  road  and  bridges  in  good  repair,  and  provide 
suitable  and  proper  engines  and  cars,  for  the  conveyance  of  pas- 
sengers and  property  over  the  road,  and  cause  the  said  engines 
and  cars  to  be  run  each  way  at  least  once  a  day,  Sundays  excepted, 
to  accommodate  the  public  travel  and  transportation,  except  when 
prevented  by  unavoidable  accidents  and  contingencies. 

Sect.  8.  The  annual  meeting  of  the  members  or  stockholders 
of  the  corporation  shall  be  held  on  the  day  prescribed  by  the 
by-laws,  and  at  such  place  as  the  directors  for  the  time  being  shall 
appoint,  or  as  the  by-laws  shall  prescribe,  at  which  meeting  the 
directors  shall  be  chosen  by  ballot.  The  directors  may  call  special 
meetings  of  the  stockholders  whenever  they  shall  deem  it  expedi- 
ent, giving  such  notice  as  the  corporation  by  their  by-laws  shall 
direct.  And  any  three  of  the  five  persons  first  named  in  this  Act, 
may  call  the  first  meeting  of  the  corporation,  by  a  notice  published 
in  both  of  the  newspapers  printed  in  Nashua  and  Nashville,  and  in 
the  Farmer's  Cabinet,  two  weeks  before  said  time  of  meeting,  at 


NEW    HAMPSHIRE.  461 

which  meeting  associates  may  be  admitted,  by-laws  adopted,  and  a 
president  and  clerk,  and  such  other  officers,  agents,  and  commit- 
tees appointed,  as  may  be  deemed  necessary  to  carry  into  effect  the 
object  of  this  Act,  who  shall  hold  their  offices  no  longer  than  until 
a  board  of  directors  shall  be  chosen. 

Sect.  9.  The  expenses  heretofore  incurred  in  making  surveys, 
and  accomplishing  other  purposes  in  relation  to  said  railroad,  and 
suitable  compensation  for  time  expended,  the  claims  being  audited 
and  allowed  by  the  directors,  shall  constitute  a  valid  charge  against 
the  corporation,  and  shall  be  allowed  in  discharge  of  assessments 
on  shares. 

Sect.  10.  The  said  corporation  shall  have  power  to  make  such 
by-laws  as  they  may  deem  expedient,  for  the  purpose  of  carrying 
into  effect  the  provisions  of  this  Act,  not  repugnant  to  the  laws  of 
this  State. 

Sect.  11.  The  legislature  may  alter,  amend,  or  repeal  this  Act,  or 
any  of  its  provisions,  if  the  public  good  require  it.  Approved,  Dec. 
28,  1844. 

Laws  of  1844,  Chap.  195. 

An  Act  in  addition  to  and  in  amendment  of  an  Act  entitled  an  Act  to  incoqiorate  the 

Wilton  Railroad  Company. 

Be  it  enacted,  <Sf'c.  That  said  corporation  shall  hold  and  enjoy 
all  the  privileges  and  facilities  granted  in  said  Act  of  incorpora- 
tion, subject  however  to  all  the  laws  in  relation  to  corporations 
and  railroads,  as  they  now  stand  on  the  Revised  Statutes  of  this 
State,  any  thing  in  said  Act  of  incorporation  to  the  contrary  not- 
withstanding.    Approved,  Dec.  28,  1844. 


PORTSMOUTH,   NEW  MARKET,  AND    CONCORD   RAILROAD   CORPO- 
RATION. 

INCORPORATED    IN   NEW   HAMPSHIRE    IN    1845. 
Chapter  28  Q  of  the  Private  Acts  of  1845  cofitains  the  Charter. 

Sect.  1  grants  corporate  powers,  restricting  the  right  to  hold  real  estate,  exclusive 
of  that  within  the  limits  of  the  road  and  for  its  construction,  to  5  per  cent,  on  the 
capital  stock. 

39* 


462        PORTSMOUTH,    NEW   MARKET,    AND   CONCORD    RAILROAD. 

Sect.  2  describes  the  route,  authorizes  them  to  build  for  their  o-wn  use  a  bridge 
across  Merrimac  River,  so  as  not  to  impede  navigation,  and  requires  them  to  keep 
said  road  and  bridge  in  good  repair,  to  provide  suitable  cars,  and  engines,  and  to 
run  them  each  way  on  said  road  at  least  once  each  day,  Sundays  excepted. 

Sect.  3  divides  the  capital  stock  into  6000  shares,  vests  the  government  in  seven 
Directors,  and  provides  for  the  choice  of  officers. 

Sect.  4  grants  a  toll,  provided  they  pay  into  the  State  Treasury,  each  year,  the 
excess  of  the  net  income  of  the  road  over  10  per  cent,  on  its  cost. 

Sect.  5  defines  the  powers  and  duties  of  the  officers,  and  authorizes  making  equal 
assessments  not  exceeding  ^100  on  each  share,  a  sale  of  shares  for  non-payment 
thereof,  after  notice,  and  creating  new  shares,  if  necessary,  to  be  distributed 
among  the  original  stockholders. 

Sect.  6  establishes  the  mode  of  crossing  any  private  way,  highway,  canal,  or  turn- 
pike, giving  any  party  aggrieved  a  right  of  action,  to  be  commenced  within  two 
years  from  the  time  of  the  obstruction ;  requires  that  they  make  alterations,  neces- 
sary in  the  opinion  of  the  County  Commissioners,  in  crossing  highways,  or  turn- 
pikes, at  the  request  of  the  Selectmen  of  any  town,  or  the  proprietors  of  any  turn- 
pike, in  neglect  or  refusal  of  which  they  shall  be  liable  to  an  action  for  damages ; 
and  that  they  erect  and  maintain  a  bridge  over,  or  gates  on  each  side  of  a  high- 
way which  they  cross  or  intersect,  and  maintain  all  other  bridges,  in  default 
thereof  being  liable  for  damages. 

Sect.  7  requires  that  one  third  of  the  capital  stock  be  subscribed  for,  and  the  corpo- 
ration organized  before  December  1,  1847,  and  $100,000  expended  in  the  construc- 
tion of  the  road  before  December  1,  1848,  or  this  Act  shall  be  nuU  and  void;  and 
provides  that  it  shall  be  null  and  void  as  to  every  part  not  completed  and  fit  for 
use,  before  December  1,  1850. 

Sect.  8  appoints  the  time  of  the  annual  meeting,  when  Directors  shall  be  chosen ; 
provides  that  special  meetings,  if  necessary,  may  be  called  and  directs  the  mode  of 
organization. 

Sect.  9  authorizes  this  Company  to  enter  upon  the  Concord  Railroad  and  upon  the 
Boston  and  Maine  Railroad,  and  to  use  either  of  said  roads,  paying  therefor  a 
reasonable  compensation ;  if  they  cannot  agree  upon  the  tenns,  application  may 
be  made,  after  notice  thereof  to  the  parties,  to  the  Superior  Court  to  determine 
the  same ;  and  this  Company  must  comply  with  the  rules  of  either  of  said  Com- 
panies on  whose  road  they  may  enter,  and  either  of  said  Companies  may  enter  on 
this  road,  upon  the  same  tenns. 

Sect.  10  provides  that  this  Corporation  may  unite  with  any  other  now  existing  or 
hereafter  to  be  created,  for  the  purpose  of  constructing  a  railroad  from  some  point 
on  the  Boston  and  Maine  Railroad  to  Portsmouth ;  provided  the  stockholders  of 
the  two  corporations,  at  a  meeting  called  for  that  purpose,  shall  by  vote  so  agree ; 
and  they  shall  then  form  one  Company,  under  the  above  name,  the  stockholders 
in  one  becoming  stockholders  in  the  other :  and  said  united  corporation,  shall 
choose  new  officers  as  prescribed  in  the  Act  creating  the  Portsmouth,  New  Market, 
and  Exeter  Railroad. 

Sect.  11  constitutes  the  expenses  of  sui-vey,  and  for  other  purposes  relating  to  the 
road,  being  first  audited,  a  charge  against  the  Company. 

Sect.  12  makes  this  Act  subject  to  the  laws  respecting  corporations  and  railroads. 
Sect.  13  reserves  to  the  Legislature  the  power  to  alter  or  repeal  this  Act. 

Sect.  14  provides  that  this  Act  shall  take  effect  from  its  passage. 


NEW    HAMPSHIRE.  463 


Chapter  368  of  the  Public  Acts  of  1846  contains  an  Act  respecting  this  Railroad. 

It  authorizes  any  Railroad  Company  incorporated  in  tMs  State,  at  a  meeting  called 
therefor,  to  subscribe  to  the  amount  of  10  per  cent,  of  its  stock,  to  the  stock  of  this 
Company ;  and  to  increase  its  stock  for  that  purpose  if  necessary. 

Chapter  451  of  the  Private  Acts  of  1846  contains  an  Act  in  additionto  the  foregoing  Acts. 

It  authorizes  this  Company  to  construct  and  maintain  a  railroad,  from  their  road  in 
Allenstown  or  Pembroke  to  the  Concord  Railroad,  in  Hooksett. 

Cluipter  665  of  the  Private  Acts  of  1848  contains  an  Act  in  addition  to  said  Act. 

It  authorizes  said  Company  to  construct  a  branch  railroad  to  the  City  of  Manchester, 
and  to  create  stock  not  exceeding  $300,000  in  amount,  for  that  purpose. 

Chapter  T19>  of  the  Private  Acts  of  1848  contains  further  provisions  respecting  said 

Railroad. 

Sect.  1  authorizes  any  Railroad  Company,  incorporated  in  this  State,  to  loan  to  this 
Company  not  exceeding,  -with  other  loans  heretofore  authorized,  10  per  cent,  of  the 
capital  stock  of  said  Company  making  the  loan,  whose  stock  may  be  increased  for 
that  purpose,  if  necessary ;  the  rate  of  interest  shall  not  exceed  10  per  cent,  and 
the  loan  of  any  Company  shall  not  exceed  $50,000 ;  the  road  making  the  loan 
shall  not  divide  more  than  10  per  cent,  on  the  stock  raised  for  that  purpose,  and 
the  loan  must  first  be  approved  by  the  Railroad  Commissioners  ;  when  such  loan 
is  refunded,  if  the  Company's  stock  shall  have  been  increased  therefor,  the  amount 
thereof  shall  be  considered  as  deducted  from  their  capital  stock,  in  determining 
the  dividends. 

Sect.  2  provides  that  this  Act  shall  take  effect  immediately. 


Laws  of  1845,  Chap.  286. 

An  Act  to  incorporate  the  Portsmouth,  New  Market,  and  Concord  Railroad  Corpo- 
ration. 

Sect.  1.  Be  it  enacted^  ^'c.  That  Richard  Jenness,  Alexander 
Ladd,  Samnel  Lord,  John  P.  Lyman,  Bradbury  Bartlett,  Joseph 
Cilley,  Gardner  Towle,  Peter  Sanborn,  and  George  W.  Ela,  their 
associates,  successors,  and  assigns,  shall  be  and  hereby  are,  made 
a  body  politic  and  corporate,  by  the  name  of  the  Portsmouth, 
New  Market,  and  Concord  Railroad,  and  by  that  name  may  sue 
and  be  sued,  prosecute  and  be  prosecuted  to  final  judgment  and 
execution,  and  are  hereby  vested  with  all  the  powers  necessary  and 
proper,  to  carry  into  effect  the  purposes  and  objects  of  this  Act; 


464       POKTSMOUTH,   NEW  MARKET,    AND    CONCORD   RAILROAD. 

but  shall  hold  no  more  land  at  any  one  time,  exclusive  of  that 
within  the  limits  of  the  road,  and  land  purchased  to  procure  stone? 
sand,  and  gravel,  and  for  the  use  of  depots,  than  shall  be  worth  at 
the  time  of  its  purchase,  five  per  cent,  of  the  capital  stock  of  the 
said  railroad. 

Sect.  2.  The  said  corporation  is  hereby  authorized  and  em- 
powered to  construct,  and  finally  complete  for  public  use,  and  keep 
in  use  a  railroad  from  such  point  in  Portsmouth,  or  on  the  Boston 
and  Maine  Railroad  in  Dover,  Durham,  New  Market,  or  Exeter,  as 
to  them  shall  seem  expedient  and  necessary,  to  Concord,  or  Man- 
chester, or  to  such  point  on  the  Concord  Railroad,  between  said 
Manchester  and  Concord,  as  to  them  shall  seem  expedient  and  pro- 
per. And  they  are  authorized  and  empowered  to  construct,  for  the 
use  of  said  railroad,  and  for  the  transportation  of  such  persons  and 
such  property  only,  as  shall  be  carried  on  said  road,  a  bridge  or 
bridges  across  the  Merrimac  River;  provided^  said  bridge  or  bridges 
shall  be  so  constructed  as  not  unnecessarily  to  impede  the  naviga- 
tion of  said  river.  And  said  corporation  are  required  to  keep  said 
road,  and  bridge  or  bridges,  in  good  repair,  and  provide  suitable  and 
proper  engines  and  cars,  for  the  conveyance  of  passengers  and 
property  over  said  road,  and  cause  said  cars  to  be  run  each  way 
once  a  day,  Sundays  excepted,  to  accommodate  the  public  travel 
and  transportation,  except  when  prevented  by  unavoidable  acci- 
dents and  contingencies. 

Sect.  3.  The  capital  stock  of  said  corporation  shall  consist  of 
six  thousand  shares;  and  the  immediate  government  and  direction 
of  the  aff'airs  thereof,  shall  be  vested  in  seven  directors,  who  shall 
be  chosen  by  the  members  or  stockholders,  in  the  manner  herein- 
after provided,  and  shall  hold  their  offices  until  others  shall  be  duly 
elected  and  qualified   to  take  their  places  as  directors.     And  the 
said  directors,  a  majority  of  whom  shall  form  a  quorum  for  the 
transaction  of  business,  shall  elect  one  of  their  own  number  to  be 
president  of  the  board,  who  shall  be  president  of  the  corporation, 
and  they  shall  have  authority  to  choose  a  clerk,  who  shall  be 
sworn  to  the  faithful  discharge  of  his  duties,  and  shall  also  be  clerk 
of  the  corporation,  unless  they  shall  elect  some  other  person  to  that 
office;  and  they  also  shall  have  authority  to  choose  a  treasurer, 
who  shall  give  bonds  to  the  corporation,  with  sureties  to  the  satis- 
faction of  the  directors,  in  a  sum  not  less  than  twenty  thousand 
dollars,    for  the  faithful  discharge  of  his   trust,  and   such   other 
agents  and  servants  as  shall,  from  time  to  time,  be  necessary. 


NEAV  HAMPSHIRE.  465 

Sect,  4.  A  toll  is  hereby  granted  to  the  corporation  for  their 
benefit,  on  all  passengers  and  property  which  may  be  conveyed  on 
said  railroad,  at  such  rates  as  may  be  from  time  to  time  agreed  on 
by  the  directors  ;  provided,  that  in  any  and  every  year,  when  their 
net  receipts  shall  exceed  the  average  of  ten  per  cent,  per  annum, 
from  the  commencement  of  their  operations,  the  excess  shall  be 
paid  into  the  treasury  of  the  State,  until  otherwise  directed  by  the 
legislature.  And  the  directors  are  hereby  authorized  to  erect  toll 
houses,  and  houses  for  the  deposit  of  merchandise,  and  demand 
and  receive  toll  upon  the  road  when  completed,  and  upon  such 
parts  thereof,  as  shall  from  time  to  time  be  completed. 

Sect.  5.  The  president  and  directors  for  the  time  being,  are  au- 
thorized and  empowered,  by  themselves  or  their  agents,  to  exercise 
all  the  powers  herein  granted  to  the  corporation,  for  the  purpose  of 
constructing  and  completing  said  railroad,  and  for  the  transportation 
of  persons,  goods,  and  merchandise  thereon,  and  all  such  other 
powers  and  authority,  for  the  management  of  the  affairs  of  the 
corporation,  not  heretofore  granted,  as  may  be  necessary  and  proper 
to  carry  into  effect  the  objects  of  this  grant,  to  purchase  land, 
materials,  engines,  cars,  and  other  necessary  things  in  the  name  of 
the  corporation,  for  their  use  or  on  the  line  of  the  road,  and  for  the 
transportation  of  persons,  goods,  and  merchandise,  to  make  such 
equal  assessments  from  time  time,  on  all  the  shares  in  said  cor- 
poration, as  they  may  deem  expedient  and  necessary,  in  the  exe- 
cution and  progress  of  the  work,  and  direct  the  same  to  be  paid  to 
the  treasurer  of  the  corporation,  and  the  treasurer  shall  give  notice 
of  such  assessments.  And  if  any  subscriber  shall  neglect  for  sixty 
days  after  such  notice,  to  pay  his  assessments,  the  directors  may 
order  the  treasurer  to  sell  his  share  or  shares  at  public  auction,  due 
notice  thereof  being  given,  to  the  highest  bidder,  and  the  same 
shall  be  transferred  to  the  purchaser,  and  such  delinquent  subscri- 
ber shall  be  held  accountable  to  the  corporation  for  the  balance,  if 
his  share  or  shares  shall  sell  for  less  than  the  assessments  due 
thereon,  with  interest  and  cost  of  sale,  and  shall  be  entitled  to  the 
overplus  if  any  there  be ;  provided,  that  no  assessments  shall  be 
laid  on  any  share,  of  a  greater  amount  than  one  hundred  dollars  in 
the  whole,  on  each  share  ;  and  if  a  greater  amount  of  money  shall 
be  necessary,  it  shall  be  raised  by  creating  new  shares,  giving  the 
stockholders  in  the  corporation  the  right  to  take  said  shares,  in  pro- 
portion to  the  shares  by  them  respectively  owned  in  said  corpora- 
tion. 


466        PORTSMOUTH,   NEW   MARKET,   AND    CONCORD    RAILROAD. 

Sect.  6.  If  the  said  railroad  in  the  course  thereof,  shall  intersect 
or  cross  any  private  way,  the  said  corporation  shall  so  construct 
said  railroad,  as  not  to  obstruct  the  safe  and  convenient  use  of  such 
private  way ;  and  if  said  railroad  shall  not  be  so  constructed,  the 
party  aggrieved  shall  be  entitled  to  his  action  on  the  case,  and  shall 
recover  reasonable  damages  for  such  injury ;  but  no  action  shall  be 
commenced  after  the  expiration  of  two  years  from  the  obstruction 
aforesaid.  And  if  the  said  railroad  shall  in  the  course  thereof  in- 
tersect or  cross  any  canal,  turnpike,  railroad,  or  other  highway,  the 
said  railroad  shall  be  so  constructed  as  not  to  impede  or  obstruct  the 
safe  and  convenient  use  of  such  canal,  turnpike,  railroad,  or  other 
highway,  and  the  corporation  shall  have  the  power  to  raise  or  lower 
any  such  turnpike,  highway,  or  private  way,  so  that  the  railroad, 
if  necessary,  may  pass  over  or  under  the  same ;  and  if  said  corpo- 
ration shall  raise  or  lower  any  such  turnpike,  highway,  or  private 
way,  and  shall  not  so  raise  or  lower  the  same  as  to  be  satisfactory 
to  the  proprietors  of  such  turnpike,  or  to  the  selectmen  of  the  town 
in  which  such  highway,  or  private  way  may  be  situated,  as  the  case 
may  be,  said  proprietors  or  selectmen  may  require,  in  writing,  of 
said  corporation,  such  alteration  or  amendment  as  they  may  tiiink 
necessary,  and  if  the  required  alteration  or  amendment  be  reason- 
able and  proper,  in  the  written  opinion  of  the  road  commissioners 
for  the  county  in  which  such  alteration  or  amendment  is  proposed, 
and  the  said  corporation  shall  unnecessarily  and  unreasonably  neg- 
lect to  make  the  same,  such  proprietors  or  selectmen,  as  the  case 
may  be,  may  proceed  to  make  such  alteration  or  amendment,  and 
may  institute  and  prosecute  to  final  judgment  and  execution,  any 
action  on  the  case  against  said  corporation,  and  shall  therein  recover 
reasonable  damages  for  all  charges,  disbursements,  labor,  and  ser- 
vices occasioned  by  making  such  alterations  or  amendments,  with 
costs  of  suit.  And  whenever  said  railroad  shall  intersect  or  cross 
any  highway,  the  board  of  road  commissioners  within  the  county, 
on  notice  given,  and  hearing  had  for  that  purpose,  may  direct  that 
such  place  of  crossing  or  intersection,  shall  be  secured  by  a  bridge 
over  said  road,  or  by  the  erection  of  gates  on  both  sides  of 
said  road,  should  either,  in  their  opinion,  be  essential  to  the  pub- 
lic safety,  and  such  powers  shall  be  vested  solely  in  the  road  com- 
missioners. And  said  corporation  shall  constantly  maintain  in  good 
repair,  all  bridges,  with  their  abutments  and  embankments,  which 
they  may  construct  for  the  purpose  of  conducting  said  railroad 
over  any  turnpike,  private  way,  or  highway,  or  for  conducting  such 


NEW    HAMPSHIRE.  467 

turnpike,  private  way,  or  highway,  over  said  railroad,  and  in 
default  thereof,  shall  be  liable  in  an  action  on  the  case  to  respond 
in  damages  to  any  party  aggrieved. 

Sect.  7.  Unless  one  third  of  the  capital  stock  above  specified 
shall  be  subscribed  for,  and  the  corporation  organized  before  the 
first  day  of  December,  in  the  year  of  our  Lord  one  thousand  eight 
hundred  and  forty-seven,  and  the  sum  of  one  hundred  thousand 
dollars  shall  have  been  expended  towards  the  construction  of  said 
railroad  before  the  first  day  of  December,  in  the  year  of  our  Lord 
one  thousand  eight  hundred  and  forty-eight,  this  Act  shall  be  null 
and  void.  And  this  Act  shall  be  null  and  void,  as  to  any  and  every 
portion  of  said  railroad  which  shall  not  be  completed  and  fit  for 
use,  on  or  before  the  first  day  of  December,  one  thousand  eight 
hundred  and  fifty. 

Sect.  8.  The  annual  meeting  of  the  members  or  stockholders  of 
the  corporation  shall  be  held  on  the  day  prescribed  by  the  by-laws, 
and  at  such  place  in  this  State  as  the  directors,  for  the  time  being, 
shall  appoint,  or  as  the  by-laws  shall  prescribe,  at  which  meeting 
seven  directors  shall  be  chosen  by  ballot.  The  directors  may  call 
special  meetings  of  the  stockholders  whenever  they  shall  deem  it 
expedient,  giving  such  notice  as  the  corporation  by  their  by-laws 
shall  direct.  And  any  three  of  the  persons  named  in  this  Act  may 
call  the  first  meeting  of  the  corporation,  by  a  notice  published  two 
weeks  successively  in  the  Portsmouth  Journal  and  the  New  Hamp- 
shire Patriot,  newspapers  published  in  the  State  aforesaid,  at  which 
meeting  associates  may  be  admitted,  by-laws  adopted,  and  a  presi- 
dent and  clerk,  and  such  other  officers,  and  such  agents  and  com- 
mittees may  be  chosen  or  appointed,  as  may  be  deemed  necessary 
to  carry  into  effect  the  objects  of  this  Act,  who  shall  hold  their 
offices  no  longer  than  a  board  of  directors  shall  be  chosen. 

Sect.  9.  The  said  corporation  shall  have  the  right  to  enter  with 
their  railroad,  engines,  and  cars,  upon  the  Concord  Railroad,  at  any 
convenient  point  within  the  limits  aforesaid,  and  also  to  enter  with 
their  railroad,  engines,  and  cars,  upon  the  Boston  and  Maine  Rail- 
road, at  any  convenient  point  within  the  limits  aforesaid,  and  to 
use  said  road,  or  either  of  them,  or  any  part  thereof,  paying 
therefor  such  a  rate  of  toll  as  the  parties  can  agree  upon ;  and  in 
case  they  cannot  agree,  then  upon  paying  therefor  such  a  rate  of 
toll  as  may,  upon  application  made  to  the  superior  court  of  judica- 
ture for  this  State,  by  either  or  any  of  the  parties,  in  writing  and 
upon  due  notice  to  the  other  party,  by  them  be  prescribed,  and 


468        PORTSMOUTH,    NEW   MARKET,    AND    CONCORD    RAILROAD. 

complying  with  such  rules  and  regulations  as  may  be  established 
by  the  said  Concord  Railroad,  or  Boston  and  Maine  Railroad,  for 
their  respective  roads,  subject  to  the  revision  of  the  legislature ; 
and  the  said  Concord  Railroad,  and  Boston  and  Maine  Railroad  are 
hereby  authorized  to  enter  upon,  and  use  the  road  hereby  granted, 
or  any  part  thereof,  upon  the  same  terms. 

Sect.  10.  The  said  corporation  hereby  created,  is  hereby  author- 
ized to  unite  with  any  railroad  corporation  that  has  been  or  may 
be  created,  for  the  purpose  of  constructing  a  railroad  from  some 
point  on  the  Boston  and  Maine  Railroad  in  Dover,  Durham,  New 
Market  or  Exeter,  to  Portsmouth;  provided,  the  stockholders  in 
the  two  corporations  shall,  at  a  meeting  of  their  respective  stock- 
holders, called  for  that  purpose,  by  a  vote  passed  by  a  majority  of 
those  present,  agree  to  unite  the  two  corporations  and  form  one 
company  between  Portsmouth  and  Concord,  or  some  point  on  the 
Concord  Railroad  as  aforesaid  ;  and  when  the  two  corporations  shall 
have  united  in  the  manner  aforesaid,  they  shall  form  one  corpora- 
tion, and  be  known  and  called  the  Portsmouth  and  Concord  Rail- 
road, and  the  stockholders  in  one  company  shall  become  stock- 
holders in  the  other,  and  all  the  franchises,  property,  powers,  and 
privileges,  granted  or  acquired  by  virtue  of  their  several  acts  of 
incorporation,  shall  be  held  and  enjoyed  by  all  the  said  stockhold- 
ers, in  proportion  to  the  amount  of  property  held  by  them  respect- 
ively ;  and  said  corporations  having  thus  united,  shall  choose  a 
new  set  of  officers  to  the  number  and  in  the  manner  prescribed  in 
the  Act  creating  the  Portsmouth,  New  Market,  and  Exeter  Railroad, 
at  a  meeting  to  be  called  by  the  clerk  of  the  corporation  last  above 
named,  as  soon  after  the  Act  uniting  the  two  corporations  as  may 
well  be  ;  and  until  such  choice,  the  officers  of  the  two  corporations 
shall  continue  to  hold  and  act  in  their  several  offices,  constituting, 
however,  but  one  board  for  the  transacting  of  all  the  business 
necessary  to  be  done. 

Sect.  11.  The  expenses  heretofore  incurred  in  making  surveys, 
and  accomplishing  other  purposes  in  relation  to  said  railroad,  and 
suitable  compensation  for  time  expended,  the  claims  being  audited 
and  allowed  by  the  directors,  shall  constitute  a  valid  charge 
against  the  corporation,  and  be  allowed  in  discharge  of  assessments 
on  shares. 

Sect.  12.  The  said  corporation  shall  hold  and  enjoy  the  privi- 
leges and  franchises  herein  granted,  subject  to  the  laws  in  relation 
to  corporations  and  railroads  in  this  State. 


NEW   HAMPSHIRE.  469 

Sect.  13.  The  legislature  may  alter,  amend,  or  modify  the  pro- 
visions of  this  Act,  or  repeal  the  same,  notice  being  given  to  the 
corporation  and  an  opportunity  to  be  heard. 

Sect.  14.  This  Act  shall  take  effect  upon  the  passage  thereof. 
Approved,  July  1,  1845. 

Eesolves  of  1846,  Chap.  368. 

Resolved^  iYc.  That  any  railroad  corporation  holding  a  charter 
under  this  State,  be,  and  they  hereby  are,  authorized,  at  any  meet- 
ing of  the  stockholders  duly  called  for  that  purpose,  to  subscribe 
for  the  capital  stock  of  the  Portsmouth  and  Concord  Railroad  ;  and 
the  capital  stock  of  such  corporation  proposing  to  make  such  sub- 
scription, may  be  increased  for  this  purpose  when  the  same  may  be 
necessary  :  Provided^  that  such  subscription  shall  in  no  case  exceed 
ten  per  cent,  of  the  capital  stock,  of  any  corporation  proposing  to 
make  such  subscription.     App?'oi-ed,  July  2,  1846. 

Laws  of  1846,  Chap.  451. 

An  Act  in  addition  to  the  Acts  incorporating  the  Portsmouth  and  Concord  Railroad. 

Be  it  enacted^  6fc.  That  the  Portsmouth  and  Concord  Railroad 
be,  and  they  hereby  are,  authorized  to  construct  for  public  use, 
and  keep  in  use,  a  railroad  from  the  line  of  their  road  in  Aliens- 
town,  or  Pembroke,  to  the  Concord  Railroad,  in  Hooksett ;  with  all 
the  rights  and  powers  heretofore  granted  to  said  corporation,  and 
subject  to  all  the  duties  and  liabilities  imposed  upon  said  corpora- 
tion, by  their  Acts  of  incorporation.     Approved.  Jvly  10,  1&46. 

Laws  of  1848,  Chap.  665. 
An  Act  in  addition  to  the  Acts  incorporating  the  Portsmouth  and  Concord  Raihoad. 

Be  it  enacted,  (Sf'c.  That  the  Portsmouth  and  Concord  Rail- 
road be  and  they  are  hereby  authorized  to  construct  a  branch  rail- 
road, and  finish  the  same  for  use,  from  the  line  of  their  railroad  in 
Raymond,  Candia,  or  Hooksett,  to  any  point  in  the  city  of  Man- 
chester, and  to  create  stock  sufficient  to  construct  and  finish  the 
same,  not  exceeding  three  hundred  thousand  dollars,  with  all  tiie 
privileges,  and  subject  to  all  the  liabilities,  contained  in  the  Acts 
creating  said  railroad  corporation.     Approved,  June  23,  1848. 

40 


470  PORTSMOUTH,    NEW    MARKET,    AND    EXETER  RAILROAD. 

Laws  op  1848,  Chap.  778. 

An  Act  in  addition  to  an  Act  authorizing  Railroad  Corporations  to  subscribe  for 
stock  in  the  Portsmouth  and  Concord  Railroad,  approved  July  2,  1846. 

Sect.  1.  Be  it  enacted,  S^c.  That  any  railroad  corporation 
holding  a  charter  under  this  State  be,  and  hereby  is  authorized 
at  any  meeting  of  the  stockholders  duly  called  for  that  purpose,  to 
loan  to  the  Portsmouth  and  Concord  Railroad,  any  sum  or  sums  of 
money  not  exceeding  in  the  whole,  together  with  any  stock  sub- 
scribed for  by  the  same  corporation  by  virtue  of  the  Act  to  which 
this  is  in  addition,  ten  per  cent,  of  the  capital  stock  of  the  corpo- 
ration making  the  same  ;  and  the  capital  stock  of  said  corporation 
may  when  necessary  be  increased  for  that  purpose  :  Provided,  that 
no  railroad  shall  receive  over  ten  per  cent,  on  money  thus  loaned 
to  said  Portsmouth  and  Concord  Railroad ;  and  that  no  railroad 
shall  loan  to  said  Portsmouth  and  Concord  Railroad  over  fifty  thou- 
sand dollars  :  A7id  provided  further,  That  any  road  making  such 
loan  shall  in  no  case  divide  or  receive  a  sum  exceeding  ten  per  cent, 
on  the  capital  stock  raised  for  such  purpose,  and  no  such  loan  shall 
be  made  until  the  terms  thereof  shall  have  been  submitted  to  the 
railroad  commissioners  and  approved  by  them  ;  and  whenever  such 
loan  shall  be  refunded  to  the  corporation  making  the  same,  in  case 
the  capital  stock  of  the  corporation  shall  have  been  increased  for 
the  purpose  of  making  said  loan,  the  amount  thereof  shall  be  con- 
sidered as  deducted  from  said  capital  stock,  and  shall  not  be 
reckoned  or  included  as  a  part  thereof  in  determining  the  divi- 
dends thereon. 

Sect.  2.  This  Act  shall  take  effect  from  its  passage.     Approved, 
January  3,  1849. 


PORTSMOUTH,  NEW  MARKET,  AND  EXETER  RAILROAD  COMPANY. 
INCORPORATED    IN    NEW    HAMPSHIRE    IN    1845. 

Chapter  287  of  the  Private  Acts  of  1845  contai?is  the  Charter. 

Sect.  1  grants  corporate  powers,  restricting  the  right  to  hold  real  estate,  exclusive 
of  that  within  the  limits  of  the  road  and  for  its  construction,  to  5  per  cent,  on  the 
capital  stock. 

Sect.  2  describes  the  route ;  authorizes  theia  to  build,  for  their  own  use,  a  bridge 


NEW  HAMPSHIRE.  471 

over  Great  Bay,  Exeter  River,  or  Lamprey  River,  so  as  not  to  obstruct  navigation ; 
and  requires  them  to  keep  said  road  and  bridges  in  repair,  to  provide  suitable 
engines  and  cars,  and  to  run  them  each  way  on  said  road  at  least  once  each 
day,  Sundays  excepted. 

Sect.  3  divides  the  capital  stock  into  2000  shares,  vests  the  govnrnment  in  seven 
dii-ectors,  and  provides  for  the  choice  of  officers. 

Sect.  4  grants  a  toll,  provided  they  pay  into  the  State  treasury,  each  year,  the 
excess  of  the  net  income  of  the  road  over  10  per  cent,  upon  its  cost. 

Sect.  5  defines  the  powers  and  duties  of  the  officers ;  and  authorizes  making  equal 
assessments,  not  exceeding  $100  on  each  share,  a  sale  of  shares  for  nonpayment 
thereof,  after  notice,  and  creating  new  shares,  if  necessary,  to  be  distributed  among 
the  original  stockholders. 

Sect.  6  establishes  the  mode  of  crossing  any  private  way,  highway,  canal,  or  turnpike, 
giving  any  party  aggrieved  a  right  of  action  within  two  years  from  the  time  of  the 
obstruction  ;  requires  that  they  make  alterations  necessarj"-  in  the  opinion  of  the 
County  Commissioners,  in  crossing  any  highway  or  turnpike,  at  the  request  of 
the  Selectmen  of  any  town,  or  the  proprietors  of  any  turnpike,  in  neglect  or  refu- 
sal of  which  they  shall  be  liable  to  damages ;  and  requires  that  they  erect  and 
maintain  a  bridge  over,  or  gates  on  each  side  of,  a  highway,  which  they  cross  or 
intersect,  and  maintain  all  other  bridges,  in  default  thereof  being  liable  for 
damages. 

Sect.  7  provides  that,  if  one  half  of  the  capital  stock  be  not  subscribed  for,  the  Cor- 
poration organized,  and  $50,000  expended  on  the  construction  of  the  road  before 
December  1,  1849,  this  Act  shall  be  void;  and  that  it  shall  be  void  as  to  every 
part  of  the  road  not  completed  before  December  31,  1850. 

Sect.  8  appoints  the  time  of  the  annual  meeting,  when  Directors  shall  be  chosen ; 
provides  that  special  meetings,  if  necessary,  may  be  called,  and  directs  the  mode 
of  organization. 

Sect.  9  authorizes  this  Company  to  enter  upon  and  use  the  Boston  and  Maine  Rail- 
road, paying  therefor  a  reasonable  compensation  ;  if  they  cannot  agree  upon 
the  terms,  application  may  be  made,  after  due  notice  to  the  parties,  to  the  Supe- 
rior Court  to  determine  the  same,  and  this  Company  must  comply  with  the  rules 
of  said  Company,  and  it  may  enter  on  this  road  on  the  same  terms. 

Sect.  10  provides  that  this  Corporation  may  unite  with  any  other  now  existing,  or 
hereafter  to  be  created,  for  the  pixrpose  of  constructing  a  railroad  from  some  point 
on  the  Boston  and  Maine  Railroad,  to  Concord,  or  to  the  Concord  Railroad  between 
Concord  and  Manchester,  or  to  Manchester ;  provided  the  two  corporations,  at  a 
meeting  called  for  that  purpose,  shall  by  vote  so  agree  ;  and  they  shall  then  form 
one  corporation,  under  the  name,  of  the  Portsmouth,  New  Market,  and  Concord 
Railroad,  the  stockholders  in  one  becoming  stockliolders  in  the  other ;  and  said 
united  Corporation  shall  choose  new  officers,  as  prescribed  in  this  Act. 

Sect.  11  enacts  that  expenses  of  survey  and  for  other  purposes  relating  to  this 
road,  being  first  audited,  shall  constitute  a  charge  against  the  Corporation. 

Sect.  12  makes  this  Act  subject  to  the  general  provisions  respecting  railroads  and 

Corporations. 
Sect.  1 3  reserves  to  the  Legislature  the  poAver  to  alter  or  repeal  this  Act. 
Sect.  14  provides  that  this  Act  shall  take  effect  from  its  passage. 


472  PORTSMOUTH,    NEW    MARKET,    AND    EXETER   RAILROAD. 

Laws  of  1S45,  Chap.  287. 
An  Act  to  incorporate  the  Portsmouth,  New  Market,  and  Exeter  Kailroad. 

Sect.  1.  Be  it  enacted,  <S,'c.  That  Richard  Jenness,  Alexander 
Ladd,  Samuel  Lord,  John  P.  Lyman,  their  associates,  successors, 
and  assigns,  shall  be,  and  hereby  are  made  a  body  politic  and  cor- 
porate, by  the  name  of  the  Portsmouth,  New  Market,  and  Exeter 
Railroad,  and  by  that  name  may  sue  and  be  sued,  prosecute  and 
be  prosecuted  to  final  judgment  and  execution,  and  are  hereby 
vested  with  all  the  powers  necessary  and  proper  to  carry  into  effect 
the  purposes  and  objects  of  this  Act  ;  but  shall  hold  no  more  land 
at  any  one  time,  exclusive  of  that  within  the  limits  of  the  road, 
and  land  purchased  to  procure  stone,  sand,  and  gravel,  and  for 
the  use  of  depots,  than  shall  be  worth,  at  the  time  of  its  purchase, 
five  per  cent,  of  the  capital  stock  of  the  said  railroad. 

Sect.  2.  The  said  railroad  are  hereby  authorized  and  empow- 
ered to  construct  and  finally  complete  for  public  use,  and  keep 
in  use  a  railroad  from  the  town  of  Portsmouth  in  this  State,  to 
such  point  on  the  Boston  and  Maine  Railroad,  in  the  towns  of 
Dover,  Durham,  Newmarket,  or  Exeter,  as  to  them  shall  seem 
expedient  and  necessary.  And  they  are  authorized  and  empowered 
to  construct  for  the  sole  use  of  said  road,  and  for  the  transportation 
of  such  persons  and  such  property  only  as  shall  be  carried  on  said 
railroad,  a  bridge  or  bridges  across  Great  Bay,  the  Exeter  River, 
or  Lamprey  River,  either  or  all  as  shall  be  necessary  for  the  use  of 
said  railroad ;  provided  said  bridge  or  bridges  shall  be  so  con- 
structed as  not  unnecessarily  to  impede  the  navigation  of  said  bay 
or  rivers.  And  said  corporation  are  required  to  keep  said  road  and 
bridge  or  bridges  in  good  repair,  and  provide  suitable  and  proper 
engines  and  cars  for  the  conveyance  of  passengers  and  property 
over  the  road,  and  cause  said  cars  to  be  run  each  way  once  a  day, 
Sundays  excepted,  to  accommodate  the  public  travel  and  transpor- 
tation, except  when  prevented  by  unavoidable  accidents  and  con- 
tingencies. 

Sect.  3.  The  capital  stock  of  said  corporation  shall  consist  of 
two  thousand  shares,  and  the  immediate  government  and  direction 
of  the  affairs  thereof  shall  be  vested  in  seven  directors,  who  shall 
be  chosen  by  the  members  or  stockholders  in  the  manner  hereinaf- 
ter provided,  and  shall  hold  their  offices  until  others  shall  be  duly 


NEW    HAMPSHIRE.  473 

elected  and  qualified  to  take  their  places  as  directors.  And  the 
said  directors,  a  majority  of  whom  shall  form  a  quorum  for  the 
transaction  of  business,  shall  elect  one  of  their  own  number  to  be 
president  of  the  board,  who  shall  be  president  of  the  corporation, 
and  they  shall  have  authority  to  choose  a  clerk,  who  shall  be  sworn 
to  the  faithful  discharge  of  his  duty,  and  shall  also  be  clerk  of 
the  corporation,  unless  they  shall  elect  some  other  person  to  that 
office ;  and  they  shall  also  have  authority  to  choose  a  treasurer,  who 
shall  give  bonds  to  the  corporation,  with  sureties  to  the  satisfaction 
of  the  directors,  in  a  sum  not  less  than  ten  thousand  dollars,  for 
the  faithful  discharge  of  his  trust,  and  such  other  agents  and  ser- 
vants as  shall  from  time  to  time  be  necessary. 

Sect.  4.  A  toll  is  hereby  granted  to  the  corporation,  for  their 
benefit,  on  all  passengers  and  property  which  may  be  conveyed  on 
said  railroad,  at  such  rates  as  may  be  from  time  to  time  agreed  on 
by  the  directors  ;  provided,  that  in  any  and  every  year,  when  their 
net  receipts  shall  exceed  the  average  of  ten  per  cent,  per  annum, 
from  the  commencement  of  their  operations,  the  excess  shall 
be  paid  into  the  treasury  of  the  State,  until  otherwise  directed  by 
the  legislature ;  and  the  directors  are  hereby  authorized  to  erect 
toll  houses  and  houses  for  the  deposit  of  merchandise,  and  demand 
and  receive  toll  upon  the  road  when  completed,  and  upon  such 
parts  thereof  as  shall  from  time  to  time  be  completed. 

Sect.  5.  The  president  and  directors  for  the  time  being  are 
authorized  and  empowered,  by  themselves  or  their  agents,  to  exer- 
cise all  the  powers  herein  granted  to  the  corporation,  for  the  pur- 
pose of  constructing  and  completing  said  railroad,  and  for  the 
transportation  of  persons,  goods,  and  merchandise  thereon,  and  all 
such  other  powers  and  authority  for  the  management  of  the  affairs 
of  the  corporation,  not  heretofore  granted,  as  may  be  necessary  and 
proper  to  carry  into  effect  the  object  of  this  grant ;  to  purchase  land, 
materials,  engines,  cars,  and  other  necessary  things  in  the  name  of 
the  corporation,  for  the  use,  or  on  the  line  of  the  road,  and  for  the 
transportation  of  persons,  goods,  and  merchandise;  to  make  such 
equal  assessments  from  time  to  time  on  all  the  shares  in  said  corpora- 
tion, as  they  may  deem  expedient  and  necessary  in  the  execution 
and  progress  of  the  work,  and  direct  the  same  to  be  paid  to  the  treas- 
urer of  the  corporation  ;  and  the  treasurer  shall  give  notice  of  such 
assessments.  And  if  any  subscriber  shall  neglect,  for  sixty  days 
after  such  notice,  to  pay  his  assessments,  the  directors  may  order 
the  treasurer  to  sell  his  share  or  shares  at  public  auction,  due  notice 

40* 


474         PORTSMOUTH,    NEW    MARKET,    AND    EXETER    RAILROAD. 

thereof  being  given,  to  the  highest  bidder,  and  the  same  shall  be 
transferred  to  the  purchaser.  And  such  delinquent  subscriber  shall 
be  held  accountable  to  the  corporation  for  the  balance,  if  his 
share  or  shares  shall  sell  for  less  than  the  assessments  due  thereon, 
with  interest  and  cost  of  sale,  and  shall  be  entitled  to  the  over- 
plus, if  any  there  be ;  provided,  that  no  assessment  shall  be  laid  on 
any  share  of  a  greater  amount  than  one  hundred  dollars,  in  the 
whole,  on  each  share.  And  if  a  greater  amount  of  money  shall  be 
necessary,  it  shall  be  raised  by  creating  new  shares,  giving  the 
stockholders  in  the  corporation  the  right  to  take  said  shares,  in  pro- 
portion to  the  shares  by  them  respectively  owned  in  said  corpora- 
tion. 

Sect.  6.  If  the  said  railroad  in  the  course  thereof,  shall  inter- 
sect or  cross  any  private  way,  the  said  corporation  shall  so  con- 
struct said  railroad  as  not  to  obstruct   the  safe   and  convenient 
use  of  such  private  way;  and  if  said  railroad  shall  not  be  so  con- 
structed, the  party  aggrieved  shall  be  entitled  to  his  action  on  the 
case,  and  shall  recover  reasonable  damages  for  such  injury  ;  but 
no  action  shall  be  commenced   after  the  expiration  of  two  years 
from  the  obstruction  aforesaid.    And  if  the  said  railroad  shall,  in  the 
course  thereof  intersect  or  cross  any  canal,  turnpike,  railroad,  or  oth- 
er highway,  the  said  railroad  shall  be  so  constructed  as  not  to  impede 
or  obstruct  the  safe  and  convenient  use  of  such  canal,  turnpike,  rail- 
road, or  other  highway.   And  the  corporation  shall  have  the  power  to 
raise  or  lower  any  such  turnpike,  highway,  or  private  way,  so  that 
the  railroad,  if  necessary,  may  conveniently  pass  under  or  over  the 
same  ;  and  if  said  corporation  shall  raise  or  lower  any  such  turn- 
pike, highway,  or  private  way,  and  shall  not  so  raise  or  lower  the 
same  as  to  be  satisfactory  to  the  proprietors  of  said  turnpike,  or  to 
the  selectmen  of  the  town  in  which  said  highway  or  private  way 
may  be  situated,  as  the  case  may  be,  said  proprietors  or  selectmen 
may   require  in   writing   of  said  corporation,    such    alteration  or 
amendment  as  they  may  think  necessary.     And    if  the  required 
alteration  or  amendment  be  reasonable  and  proper,  in  the  written 
opinion  of  the  road  commissioners  for  the  county  in  which  such 
alteration  or  amendment  is  proposed,  and  the  said  corporation  shall 
unnecessarily  and  unreasonably  neglect  to  make  the  same,  such 
proprietors   or   selectmen,    as  the  case  may  be,  m.ay  proceed  to 
make  such  alteration  or  amendment,  and  may  institute  and  pros- 
ecute  to  final  judgment   and  execution   any   action  on  the  case 
against   said   corporation,    and    shall    therein    recover  reasonable 


NEW   HAMPSHIRE. 


475 


damages,  for  all  charges,  disbursements,  labor,  and  services  occa- 
sioned by  making  such  alterations  or  amendments,  with  costs  of  suit. 
And  whenever  said  railroad  shall  intersect  or  cross  any  highway, 
the  board  of  road  commissioners  within  the  county,  on  notice  given 
and  hearing  had  for  that  purpose,  may  direct  that  such  place  of 
crossing  or  intersection  shall  be  secured  by  a  bridge  over  said 
road,  or  by  the  erection  of  gates  on  both  sides  of  said  road,  should 
either,  in  then-  opinion,  be  essential  to  the  public  safety;  and  such 
powers  shall  be  vested  solely  in  the  road  commissioners.  And  said 
corporation  shall  constantly  maintain  in  good  repair  all  bridges, 
with  their  abutments  and  embankments,  which  they  may  construct 
for  the  purpose  of  conducting  said  railroad  over  any  turnpike,  pri- 
vate way,  or  highway,  or  for  conducting  such  turnpike,  private 
way,  or  highway  over  said  railroad  ;  and  in  default  thereof, 
shall  be  liable,' in  an  action  on  the  case,  to  respond  in  damages  to 
any  party  aggrieved. 

Sect.  7.  Unless  one  half  of  the  capital  stock  above  specified 
shall  be  subscribed  for,  and  the  corporation  organized  before  the 
first  day  of  December,  in  the  year  of  our  Lord  one  thousand  eight 
hundred  and  forty-seven,  and  tlie  sum  of  fifty  thousand  dollars 
shall  have  been  expended  towards  the  construction  of  said  road 
before  the  first  day  of  December,  in  the  year  aforesaid,  this  Act 
shall  be  null  and  void.  And  this  Act  shall  be  null  and  void  as  to 
any  and  every  portion  of  said  railroad,  which  shall  not  be  com- 
pleted and  fit  for  use  on  or  before  the  last  day  of  December,  one 
thousand  eight  hundred  and  fifty. 

Sect.  8.  The  annual  meeting  of  the  members  or  stockholders 
of  the  corporation  shall  be  held  on  the  day  prescribed  by  the 
by-laws,  and  at  such  place  in  this  State  as  the  directors  for  the 
time  being  shall  appoint,  or  as  the  by-laws  shall  prescribe,  at  which 
meeting  seven  directors  shall  be  chosen  by  ballot.  The  directors 
may  call  special  meetings  of  the  stockholders  whenever  they  shall 
deem  it  expedient,  giving  such  notice  as  the  corporation  by  their 
by-laws  shall  direct.  And  any  three  of  the  persons  named  in  this 
Act,  may  call  the  first  meeting  of  the  corporation,  by  a  notice 
published  two  weeks  successively  in  the  three  principal  newspa- 
pers published  in  Portsmouth,  at  which  meeting  associates  may  be 
admitted,  by-laws  adopted,  and  a  president  and  clerk,  and  sucii 
other  ofiicers,  and  such  agents  and  committees  may  be  chosen  or 
appointed,  as  may  be  deemed  necessary  to  carry  into  efiect  the 


476  PORTSMOUTH,    NEW   MARKET,    AND    EXETER    RAILROAD. 

objects  of  this  Act,  who  shall  hold  their  offices  no  longer  than  until 
a  board  of  directors  shall  be  chosen. 

Sect.  9.  The  said  corporation  shall  have  the  right  to  enter  with 
their  railroad,  engines,  and  cars  npon  the  Boston  and  Maine  rail- 
road, at  any  convenient  point  within  the  limits  aforesaid,  and  to 
use  said  road  or  any  part  thereof,  paying  therefor  such  a  rate  of 
toll  as  the  parties  can  agree  upon  ;  and  in  case  they  cannot  agree, 
then  upon  paying  therefor  such  a  rate  of  toll  as  may,  upon  applica- 
tion made  to  the  superior  court  of  judicature  for  this  State  by  either 
party  in  writing,  and  upon  due  notice  to  the  other  party,  by  them 
be  prescribed,  and  complying  with  such  rules  and  regulations  as 
may  be  established  by  the  said  Boston  and  Maine  Railroad,  subject 
to  the  revision  of  the  legislature  ;  and  the  said  Boston  and  Maine 
Railroad  are  hereby  authorized  to  enter  upon,  and  use  the  road 
hereby  granted,  or  any  part  thereof,  on  the  same  terms. 

Sect.  10.  The  said  corporation  hereby  created  is  hereby  author- 
ized to  unite  with  any  railroad  corporation  that  has  been  or  may 
be  created  for  the  purpose  of  constructing  a  railroad  from  some 
point  on  the  Boston  and  Maine  Railroad  in  Dover,  Durham,  New- 
market, or  Exeter,  to  Concord,  or  to  the  Concord  Railroad,  between 
said  town  of  Concord  and  the  town  of  Manchester,  or  to  Man- 
chester aforesaid  ;  provided  the  stockholders  in  the  two  corporations 
siiall  at  a  meeting  of  their  respective  stockholders,  called  for  that 
purpose,  by  a  vote  passed  by  a  majority  of  those  present,  agree  to 
unite  the  two  corporations  and  form  one  company,  between  Ports- 
mouth and  Concord,  or  some  point  on  the  Concord  Railroad  as 
aforesaid.  And  when  the  two  corporations  siiall  have  united  in 
the  manner  aforesaid,  they  shall  form  one  corporation  and  be 
known  and  called  the  Portsmouth,  New  Market,  and  Concord  Rail- 
road, and  the  stockholders  in  one  company  shall  become  stock- 
holders in  the  other,  and  all  the  franchises,  property,  powers,  and 
privileges,  granted  or  acquired  by  virtue  of  their  several  Acts  of  in- 
corporation, shall  be  held  and  enjoyed  by  all  the  said  stockholders, 
in  proportion  to  the  amount  of  property  held  by  them  respectively; 
and  said  corporations  having  thus  united,  shall  choose  a  new  set 
of  officers  to  the  number  and  in  the  manner  prescribed  in  the  Act 
creating  the  Portsmouth,  New  Market,  and  Exeter  Railroad,  at  a 
meeting  to  be  called  by  the  clerk  of  this  corporation,  as  soon  after 
the  Act  uniting  the  two  corporations  as  may  well  be;  and  until 
such  choice,  the  officers  of  the  two  corporations  shall  continue  to 


XEW    HAMPSHIRE.  477 

hold  and  act  in  their  several  offices,  constituting,  however,  but  one 
board  for  the  transacting  of  all  the  business  necessary  to  be  done. 

Sect.  11.  The  expenses  heretofore  incurred  in  making  surveys, 
and  accomplishing  other  purposes  in  relation  to  said  railroad,  and 
suitable  compensation  for  time  expended,  the  claims  being  audited 
and  allowed  by  the  directors,  shall  constitute  a  valid  charge  against 
the  corporation,  and  be  allowed  in  discharge  of  assessments  on 
shares. 

Sect,  12.  The  said  corporation  shall  hold  and  enjoy  the  privi- 
leges and  franchises  herein  granted,  subject  to  the  laws  in  relation 
to  corporations  and  railroads  as  they  now  stand  in  this  State. 

Sect.  13.  The  legislature  may  alter,  amend,  or  modify  the  pro- 
visions of  this  Act,  or  repeal  the  same,  notice  being  given  to  the 
corporation  and  an  opportunity  to  be  heard. 

Sect.  14.  This  Act  shall  take  eifect  upon  the  passage  thereof. 
Apjyroved,  July  1,  1845. 


EAST   WILTON   AND    GROTON  RMLROAD   COMPANY. 

INCORPORATED    IN    NEW    HAMPSHIRE    IN    1846. 

Chapter  391  of  the  Private  Acts  of  1846  contains  the  Charter. 

Sect.  1  grants  corporate  powers,  restricting  the  right  to  hold  real  estate,  excepting 
that  Mithin  the  limits  of  the  road  and  for  its  construction,  to  5  per  cent,  on  its 
cost. 

Sect.  2  describes  the  route,  and  authorizes  them  to  intersect,  and  unite  with,  the 
"  East  Wilton  and  Groton  Railroad,"  chartered  in  Massachusetts  in  March,  1845. 

Sect.  3  empowers  the  two  Companies  to  unite  and  form  one  Corporation,  under 
the  above  name,  the  stockholders  of  one  to  be  stockholders  of  the  other,  and  the 
franchise  and  property  held  by  each  charter  to  be  enjoyed  by  the  united  Com- 
pany. 

Sect.  4  requires  that  one  or  more  of  the  Directors  shall  reside  in  this  State. 

Sect.  5  provides  that  they  shall  keep  separate  accounts  of  expenditures  in  each 
State,  and  that  two  Commissioners  shall  be  appointed,  one  by  each  State,  to  appor- 
tion the  expenditures  and  approve  the  annual  report. 

Sect.  6  enacts  that  said  Company,  when  united,  shall  be  subject  to  the  duties  and 
liabilities  of  this  Company,  and  the  general  laws  of  the  State,  as  to  that  part  of 
the  road  lying  in  this  State. 

Sect.  7  divides  the  capital  stock  into  2000  shares,  vests  the  government  in  seven 
Directors,  and  provides  for  the  choice  of  officers. 

Sect.  8  grants  a  toll,  provided  they  pay  into  the  State  treasury,  each  year,  the 
excess  of  the  net  income  of  the  road  over  10  per  cent,  on  its  capital  stock. 


478  EAST    WILTON    AND    GROTON    RAILROAD    COMPANY. 

Sect.  9  defines  the  powers  and  duties  of  the  officers ;  it  authorizes  making  equal  assess- 
ments not  exceeding  $100  on  each  share,  a  sale  of  shares  for  non-payment  of 
assessments,  after  notice,  and  creating  new  shares,  if  necessary,  to  be  distributed 
among  the  original  stockholders. 

Sect.  10  establishes  the  manner  of  crossing  any  private  way,  highway,  canal,  or 
turnpike,  giving  any  party  aggrieved  a  right  of  action  within  two  years  from  the 
time  of  the  obstruction ;  requires  that  they  make  alterations,  necessary  in  the 
opinion  of  the  County  Commissioners,  in  crossing  any  highway  or  turnpike,  at 
the  request  of  the  Selectmen  of  any  town  or  the  proprietors  of  any  turnpike,  in 
neglect  or  refusal  of  which  they  shall  be  liable  to  damages  ;  and  requires  that 
they  erect  and  maintain  a  bridge  over,  or  gates  on  each  side  of,  a  highway  which 
they  cross  or  intersect,  and  maintain  all  other  bridges,  in  default  thereof  being 
liable  for  damages. 

Sect.  11  provides  that,  if  one  third  of  the  capital  stock  be  not  subscribed  for,  and  the 
Corporation  organized  before  December  1,  1850,  and  $40,000  expended  in  its 
construction  before  December  1,  1853,  this  Act  shall  be  void ;  and  that  it  shall  be 
void,  as  to  every  part  not  completed  and  fit  for  use  before  December  1,  1855. 

Sect.  12  appoints  the  time  of  the  annual  meeting,  when  Directors  shall  be  chosen  ; 
provides  that  special  meetings,  if  necessary,  may  be  called ;  and  directs  the  mode 
of  organization. 

Sect.  13  makes  expenses  of  survey  and  for  other  purposes  of  the  road,  when  audited, 
a  charge  against  the  Corporation. 

Sect.  14  subjects  this  Act  to  the  general  provisions  of  law  respecting  corporations 
and  railroads. 

Sect.  15  provides  that  the  Legislature  may  alter  or  repeal  this  Act,  or  that,  if  the 
Wilton  Railroad  proceed  under  their  charter,  granted  in  December,  1844,  this  Act 
shall  be  void. 

Sect.  16  enacts  that  this  Act  shall  take  effect  from  its  passage. 

Chapter  618  of  the  Laws  of  1848  amends  this  Act,  so  that  the  Legislature  may  alter  or 
repeal  the  same.     [Vide  Chap.  618,  Laws  of  1848,  ante,  p.  454.] 


Laws  of  1846,  Chap.  391. 
An  Act  to  incorporate  the  East  Wilton  and  Groton  Railroad  Company. 

Sect.  1.  Be  it  enacted^  Sf^c.  That  Samuel  W.  Blake,  Asa  F. 
Lawrence,  Thomas  Brown,  Benjamui  Gould,  Alpheus  Shattiick, 
and  William  B.  Burns,  their  associates,  successors,  and  assigns, 
shall  [be]  and  hereby  are  made  a  body  politic  and  corporate,  by 
the  name  of  the  East  Wilton  and  Groton  Railroad  Company,  and 
by  that  name  may  sue  and  be  sued,  prosecute  and  be  prosecuted 
to  final  judgment  and  execution,  and  are  hereby  vested  with  all 
the  powers  necessary  and  proper  to  carry  into  effect  the  purposes 
and  objects  of  this  Act;  but  shall  hold  no  more  land  at  any  one 
time,  exclusive  of  that  within  the  limits  of  the  road,  and  land 


NEW    HAMPSHIRE.  479 

purchased  to  procure  stone,  sand,  and  gravel,  than  shall  be  worth, 
at  the  time  of  its  purchase,  five  per  cent,  of  the  capital  stock  of  the 
company. 

Sect.  2.  The  said  company  are  hereby  authorized  and  em- 
powered to  construct  and  finally  to  complete  for  public  use,  and 
keep  in  use,  a  railroad,  beginning  at  some  point  in  East  Wilton, 
thence  to  Milford,  thence  to  Brookline,  thence  through  the  south- 
west corner  of  Hollis  to  the  line  of  the  State  of  Massachusetts, 
to  intersect  and  unite  with  the  "  East  Wilton  and  Groton  Rail- 
road," chartered  by  the  legislature  of  Massachusetts,  March,  A.  D. 
1845. 

Sect.  3.  The  two  companies  are  hereby  authorized  to  unite,  so 
that  the  stockholders  of  the  one  company  shall  become  the  stock- 
holders of  the  other  company,  and  the  two  companies  shall  consti- 
tute one  corporation,  by  the  name  of  the  East  Wilton  and  Groton 
Railroad  Company ;  and  the  franchise,  property,  and  power  ac- 
quired under  the  authority  of  said  States  respectively,  shall  be 
held  and  enjoyed  by  all  the  stockholders,  in  proportion  to  the  num- 
ber of  shares  or  amount  of  property  held  by  them  respectively,  in 
either  or  both  of  said  corporations. 

Sect.  4.  One  or  more  of  the  directors  of  said  corporation  thus 
united,  shall  at  all  times  be  an  inhabitant  of  this  State,  on  whom 
process  against  said  company  may  be  legally  served;  and  said 
company  shall  be  held  to  answer  in  the  jurisdiction,  where  the 
service  is  made  and  the  process  is  returnable. 

Sect.  5.  The  company  shall  keep  separate  accounts  of  their 
expenditures  in  Massachusetts  and  New  Hampshire,  respectively ; 
and  two  commissioners  shall  be  appointed,  one  by  the  governor  of 
each  State,  to  hold  their  oflicers  for  the  term  of  three  years,  and 
to  be  reasonably  compensated  by  said  company ;  who  shall  decide 
what  portions  of  the  expenditures  of  said  company,  and  of  its 
receipts  and  profits,  properly  pertain  to  that  part  of  the  road  lying 
in  Massachusetts  and  in  New  Hampshire,  respectively.  And  the 
annual  report,  required  to  be  made  by  the  legislature  of  this  State, 
shall  be  approved  by  the  commissioners. 

Sect.  6.  The  corporation  formed  as  aforesaid,  and  the  stock- 
holders therein,  so  far  as  their  road  shall  be  situated  in  New  Hamp- 
shire, shall  be  subject  to  all  the  duties  and  liabilities  of  the  East- 
Wilton  and  Groton  Railroad  Company,  and  to  the  general  laws  of 
the  State,  to  the  same  extent  as  said  company  and  the  stockholders 


480  EAST    WILTON    AND    GROTON    RAILROAD    COMPANY. 

would  be,  were  the  whole  line  of  said  road  located  and  constructed 
within  the  limits  of  New  Hampshire. 

Sect.  7.  The  capital  stock  of  said  corporation  shall  consist  of 
two  thousand  shares;  and  the  immediate  government  and  direction 
of  the  affairs  thereof  shall  be  vested  in  seven  directors,  who  shall 
be  chosen  by  the  members  or  stockholders,  in  the  manner  herein- 
after provided,  and  shall  hold  their  offices  until  others  are  duly 
elected  and  qualified  to  take  their  places  as  directors.  And  the 
said  directors,  a  majority  of  whom  shall  form  a  quorum  for  the 
transaction  of  business,  shall  elect  one  of  their  own  number  to  be 
president  of  the  board,  who  shall  be  president  of  the  corporation ; 
and  they  shall  have  authority  to  choose  a  clerk,  who  shall  be 
sworn  to  the  faithful  discharge  of  his  duties,  and  shall  also  be 
clerk  of  the  corporation,  unless  they  shall  elect  some  other  person 
to  that  office  ;  and  they  shall  also  have  authority  to  choose  a  trea- 
surer, who  shall  give  bonds  to  the  corporation,  with  sureties  to  the 
satisfaction  of  the  directors,  in  the  sum  not  less  than  twenty  thou- 
sand dollars,  for  the  faithful  discharge  of  his  trust ;  and  such  other 
agents  and  servants  as  shall  from  time  to  time  be  necessary. 

Sect.  S.  A  toll  is  hereby  granted  to  the  corporation  for  their 
benefit,  on  all  passengers  and  property  which  may  be  conveyed  on 
said  road,  at  such  rates  as  may  be  from  time  to  time  agreed  on  by 
the  directors  :  Provided,  that  in  any  and  every  year,  when  their 
net  receipts  shall  exceed  the  average  of  ten  per  cent,  per  annum, 
from  the  commencement  of  their  operations,  the  excess  shall  be 
paid  into  the  treasury  of  the  State,  until  otherwise  directed  by  the 
legislature.  And  the  directors  are  hereby  authorized  to  erect  toll- 
houses and  houses  for  the  deposit  of  merchandise,  and  demand  and 
receive  toll  upon  the  road  when  completed,  and  upon  such  parts 
thereof  as  shall  from  time  to  time  be  completed. 

Sect.  9.  The  president  and  directors  for  the  time  being  are 
authorized  and  empowered,  by  themselves  or  their  agents,  to  exer- 
cise all  the  powers  herein  granted  to  the  corporation,  for  the  pur- 
pose of  constructing  and  completing  said  railroad,  and  for  the 
transportation  of  persons,  goods,  and  merchandise  thereon,  and  all 
such  other  powers  and  autliority,  for  the  management  of  the  affairs 
of  the  corporation,  not  heretofore  granted,,  as  may  be  necessary  and 
proper  to  carry  into  effect  the  objects  of  this  grant ;  to  purchase 
land,  materials,  engines,  cars,  and  other  necessary  things,  in  the 
name  of  the  corporation,  for  their  use  on  the  line  of  the  road,  and 


NEW    HAMPSHIRE.  481 

for  the  transportation  of  persons,  goods,  and  merchandise;  to  make 
such  equal  assessments  from  time  to  time  on  all  the  shares  in  said 
corporation,  as  they  may  deem  expedient  and  necessary  in  the 
execution  and  progress  of  the  work,  and  direct  the  same  to  be  paid 
to  the  treasurer  of  the  corporation ;  and  the  treasurer  shall  give 
notice  of  such  assessments.  And  if  any  subscriber  shall  neglect, 
for  sixty  days  after  such  notice,  to  pay  his  assessments,  the  direct- 
ors may  order  the  treasurer  to  sell  his  share  or  shares  at  public 
auction,  due  notice  thereof  being  given,  to  the  highest  bidder;  and 
the  same  shall  be  transferred  to  the  purchaser ;  and  such  delin- 
quent subscriber  shall  be  held  accountable  to  the  corporation  for 
the  balance,  if  his  share  or  shares  shall  sell  for  less  than  the  assess- 
ments due  thereon,  with  interest  and  cost  of  sale,  and  shall  be 
entitled  to  the  overplus  thereon,  if  any  there  be.  Provided,  that 
no  assessments  shall  be  laid  on  any  share,  of  a  greater  amount  than 
one  hundred  dollars  in  the  whole  on  each  share ;  and  if  a  greater 
amount  of  money  shall  be  necessary,  it  shall  be  raised  by  creating 
new  shares,  giving  the  stockholders  in  the  corporation  the  right  to 
take  said  shares,  in  proportion  to  the  shares  by  them  respectively 
owned  in  said  corporation. 

Sect.  10.  If  the  said  railroad  in  the  course  thereof  shall  inter- 
sect or  cross  any  private  way,  the  said  corporation  shall  so  con- 
struct said  railroad  as  not  to  obstruct  the  safe  and  convenient  use 
of  such  private  way ;  and  if  such  railroad  shall  not  be  [so]  con- 
structed, the  party  aggrieved  shall  be  entitled  to  his  action  on  the 
case,  and  shall  recover  reasonable  damages  for  such  injury ;  but 
no  action  shall  be  commenced  after  the  expiration  of  two  years 
from  the  obstruction  aforesaid.  And  if  the  said  railroad  shall,  in 
the  course  thereof,  intersect  or  cross  any  canal,  turnpike,  railroad, 
or  other  highway,  the  said  railroad  shall  be  so  constructed  as  not 
to  impede  or  obstruct  the  safe  and  convenient  use  of  such  canal, 
turnpike,  railroad,  or  other  highway,  and  the  corporation  shall 
have  the  power  to  raise  or  lower  any  such  turnpike,  highway,  or 
private  way,  so  that  the  railroad,  if  necessary,  may  pass  over  or 
under  the  same;  and  if  said  corporation  shall  raise  or  lower  any 
such  turnpike,  highway,  or  private  way,  and  «hali  not  so  raise  or 
lower  the  same  as  to  be  satisfactory  to  the  proprietors  of  such  turn- 
pike, or  to  the  selectmen  of  the  town  in  which  such  highway  or 
private  way  may  be  situated,  as  the  case  may  be,  said  proprietors 
or  selectmen  may  require,  in  writing,  of  said  corporation  such 
alteration  or  amendment  as  they  think  necessary.     And  if  the 

41 


482       EAST  WILTON  AND  GROTON  RAILROAD  COMPANY. 

required  alteration  or  amendment  be  reasonable  and  proper,  in  the 
written  opinion  of  the  road  commissioners  for  the  county  in  which 
such  alteration  or  amendment  is  proposed,  and  the  said  corpora- 
tion shall  unnecessarily  and  unreasonably  neglect  to  make  the 
same,  such  proprietors  or  selectmen,  as  the  case  may  be,  may  pro- 
ceed to  make  such  alteration  or  amendment,  and  may  institute  and 
prosecute  to  final  judgment  and  execution  any  action  on  the  case 
against  said  corporation,  and  therein  recover  reasonable  damages 
for  all  charges,  disbursements,  labor,  and  services  occasioned  by 
making  such  alteration  or  amendment,  with  costs  of  suit.  And 
whenever  said  raih'oad  shall  intersect  or  cross  any  highway,  the 
board  of  road  commissioners  within  the  county,  on  notice  given, 
and  hearing  had  for  that  purpose,  may  direct  that  such  place  of 
crossing  or  intersection  shall  be  secured  by  a  bridge  over  said  road, 
or  by  the  erection  of  gates  on  both  sides  of  said  road,  should  either, 
in  their  opinion,  be  essential  to  the  public  safety;  and  such  powers 
shall  be  vested  solely  in  the  road  commissioners.  And  said  corpo- 
ration shall  constantly  maintain  in  good  repair  all  bridges,  with 
their  abutments  and  embankments,  which  they  may  construct  for 
the  purpose  of  conducting  said  railroad  over  any  turnpike,  private 
way,  or  highway,  over  said  railroad ;  and  in  default  thereof  shall 
be  liable  in  an  action  on  the  case,  to  respond  in  damages  to  any 
party  aggrieved. 

Sect.  11.  Unless  one  third  of  the  capital  stock  above  specified 
shall  be  subscribed  for,  and  the  corporation  organized,  before  the 
first  day  of  December,  in  the  year  of  our  Lord,  one  thousand  eight 
hundred  and  fifty,  and  the  sum  of  forty  thousand  dollars  shall 
have  been  expended  towards  tbe  construction  of  said  railroad, 
before  the  first  day  of  December,  in  the  year  of  our  Lord,  one 
thousand  eight  hundred  and  fifty-three,  this  Act  shall  be  null  and 
void.  And  this  Act  shall  be  null  and  void  as  to  any  and  every 
portion  of  said  railroad,  which  shall  not  be  completed  and  fit  for 
use  on  or  before  the  first  day  of  December,  in  the  year  of  out  Lord, 
one  thousand  eight  hundred  and  fifty-five. 

Sect.  12.  The  annual  meeting  of  the  members  or  the  stock- 
holders of  the  corporation  shall  be  held  on  the  day  prescribed  by 
the  by-laws,  and  at  such  place  in  this  State  as  the  directors  for  the 
time  being  shall  appoint,  or  as  the  by-laws  shall  prescribe;  at 
which  meeting  seven  directors  shall  be  chosen  by  ballot.  The 
directors  may  call  special  meetings  of  the  stockholders  whenever 
they  may  deem  it  expedient,  giving  such  notice  as  the  corporation 


NEW   HAMPSHIRE.  483 

by  their  by-laws  shall  direct.  And  any  three  of  the  persons 
named  in  this  Act  may  call  the  first  meeting  of  the  corporation,  by 
a  notice  published  two  weeks  successively  in  the  New  Hampshire 
Telegraph,  and  the  Farmer's  Cabinet,  newspapers  published  in 
the  State  aforesaid  ;  at  which  meeting  associates  may  be  admitted, 
by-laws  adopted,  and  a  president  and  clerk,  and  such  other  officers, 
agents,  and  committees  may  be  chosen  or  appointed,  as  may  be 
deemed  necessary  to  carry  into  effect  the  objects  of  this  Act,  who 
shall  hold  their  offices  no  longer  than  a  board  of  directors  shall  be 
chosen. 

Sect.  13.  The  expenses  heretofore  incurred  in  making  surveys 
and  accomplishing  other  purposes  in  relation  to  said  railroad,  and 
suitable  compensation  for  time  expended,  the  claims  being  audited 
and  allowed  by  the  directors,  shall  constitute  a  valid  charge  against 
the  corporation,  and  be  allowed  in  discharge  of  assessments  on 
shares. 

Sect.  14.  The  said  corporation  shall  hold  and  enjoy  the  privi- 
leges and  franchises  herein  granted,  subject  to  the  laws  in  relation 
to  corporations  and  railroads  in  this  State. 

Sect.  15.  The  legislature  may,  for  good  cause  assigned,  and 
upon  due  notice,  alter,  amend,  or  repeal  this  Act;  or  if  the  Wilton 
Railroad  Company  shall  proceed  according  to  their  charter  granted 
December,  in  the  year  of  our  Lord,  one  thousand  eight  hundred 
and  forty-four,  then  this  Act  shall  be  null  and  void. 

Sect.  16.  This  Act  shall  take  effect  from  and  after  its  passage. 
Approved,  July  10,  1846. 


SOUHEGAN  RAILROAD   COMPANY. 

INCORPORATED    IN    NEW    HAMPSHIRE    IN     1846. 

Chapter  392  q/"  the  Private  Acts  o/"  1846  contains  the  Charter. 

Sect.  1  grants  corporate  powers,  describes  the  route,  and  authorizes  them  to  enter 
the  Concord  Railroad,  by  paying  a  reasonable  compensation  for  the  use  of  said 
road,  and  complying  with  their  regulations,  and  also  tb  enter  any  raihoad  at 
Amherst. 

Sect.  2  authorizes  them  to  make  by-laws  not  repugnant  to  the  laws  of  the  State, 
and  to  hold  real  estate,  exclusive  of  that  within  the  limits  of  the  road,  for  the 
pm-pose  of  its  construction,  not  exceeding  5  per  cent,  on  its  cost. 

Sect.  3  vests  the  government  in  seven  Directors,  and  provides  for  the  choice  of 
officers. 


484  SOUHEGAN   RAILROAD    COMPANY. 

Sect.  4  authorizes  the  Directors  to  create  a  sufficient  number  of  shares,  and  to  make 
equal  assessments  thereon,  not  exceeding  $50,  and  to  sell  shares  for  non-pajonent 
of  assessments,  after  notice. 

Sect.  5  grants  a  toll,  provided  they  pay  into  the  State  treasury,  each  year,  the  excess 
of  the  net  income  of  the  road  over  10  per  cent,  on  its  cost. 

Sect.  6  directs  the  mode  of  organization,  and  the  time  of  the  annual  meeting,  and 
provides  that  special  meetings,  if  necessary,  may  be  called. 

Sect.  7  authorizes  the  Concord  Railroad,  with  the  consent  of  this  Company,  to 
assume  the  construction  of  this  road,  and  then  it  shall  form  a  branch  of  said  rail- 
road, and  be  subject  to  all  the  provisions  of  said  Company's  charter. 

Sect.  8  repeals  so  much  of  the  Act  incorporating  the  "Wilton  Railroad,  granted 
December  1844,  as  authorizes  the  construction  of  a  railroad  from  Souhegan 
River  to  Amherst  Tillage. 

Sect.  9  reserves  to  the  Legislature  the  power  to  alter  or  repeal  this  Act. 

Chapter  618  of  the  Laws  q/"  1848  amends  this  Act,  so  that  the  Legislature  may  have  the 
power  to  alter  or  repeal  the  same.     [Vide  Chap.  618,  Laws  of  1848,  ante,  p.  454.] 


Laws  of  1846,  Chap.  392. 
An  Act  to  incorporate  the  Souhegan  Railroad  Company. 

Sect.  1.  Be  it  enacted^  6)*c.  That  Charles  H.  Atherton.  John 
Nesmith,  Perley  Dodge.  Israel  Fuller,  Jr.,  Stephen  Peabody, 
Barnabas  B.  David,  Samuel  B.  Melendy,  Aaron  Lawrence,  and  their 
associates,  successors,  and  assigns,  hereby  are  made  a  body  politic 
and  corporate  by  the  name  of  the  Souhegan  Railroad  Company, 
with  all  the  powers,  rights,  and  privileges,  and  subject  to  all  the 
duties  and  liabilities,  which  by  the  laws  of  this  State  are  or  may  be 
incident  to  railroad  corporations ;  and  the  said  corporation  is  au- 
thorized and  empowered  to  locate,  construct,  and  finally  complete 
a  railroad,  not  exceeding  six  rods  in  width,  from  the  village  in 
Amherst,  to  the  Concord  Railroad,  at  or  near  the  mouth  of  the 
Souhegan  River,  in  Merrimac,  and  there  to  enter  said  Concord 
Railroad  ;  paying  for  the  right  to  use  the  same,  or  any  part  thereof, 
such  a  rate  of  toll  as  the  legislature  may  from  time  to  time  pre- 
scribe, and  complying  with  such  rules  and  regulations  as  may  be 
established  by  the  Concord  Railroad  Corporation ;  and  also  to  enter, 
at  Amherst,  any  railroad  that  may  be  there. 

Sect.  2.  The  said  corporation  may  establish  for  itself  a  corpo- 
rate seal ;  make  by-laws  not  repugnant  to  the  laws  of  this  State, 
and  may  purchase  and  hold  land,  exclusive  of  that  within  the  limits 
of  the  road,  and  land  purchased  to  procure  stone,  sand,  and  gravel, 
to  an  amount  not  exceeding  in  value,  at  the  time  of  its  purchase, 


NEW   HAMPSHIRE.  485 

five  per  cent,  of  the  capital  stock,  for  depots  and  other  conven- 
iences. 

Sect.  3.  The  immediate  government  and  direction  of  the  affairs 
of  said  corporation  shall  be  vested  in  a  board  of  seven  directors, 
chosen  by  the  members  of  said  corporation  at  their  annual  meet- 
ing, who  shall  hold  their  office  until  others  are  duly  elected  and 
qualified  to  act  in  their  stead.  And  the  said  directors  shall  elect 
one  of  their  number  to  be  president  of  the  board,  who  shall  also 
be  president  of  the  corporation  ;  and  shall  have  authority  to  choose 
a  clerk,  who  shall  be  sworn  to  the  faithful  discharge  of  his  duties, 
and  shall  also  be  clerk  of  the  corporation  unless  they  shall  elect 
some  other  person  to  that  office ;  and  also  have  authority  to  choose 
a  treasurer,  who  shall  give  bond  to  the  corporation,  with  sureties, 
to  the  satisfaction  of  the  directors,  in  a  sum  not  less  than  ten  thou- 
sand dollars,  for  the  faithful  discharge  of  his  trust;  and  also  au- 
thority to  appoint  such  other  servants  and  agents  as  they  may 
deem  expedient,  and  shall  have  and  exercise,  when  not  controlled 
by  the  corporation,  all  the  powers  of  the  corporation. 

Sect.  4.  The  directors  may  from  time  to  time  create  such  num- 
ber of  shares  as  may  be  sufficient  for  the  construction  of  said  rail- 
road, and  from  time  to  time  make  such  equal  assessments  on  all 
the  shares,  as  they  may  deem  expedient  and  necessary  :  provided^ 
that  no  assessment  on  any  share  shall  exceed  the  sum  of  fifty 
dollars  in  the  whole.  If  any  subscriber  shall  neglect,  for  sixty 
days  after  notice  given  by  the  treasurer,  to  pay  his  assessments,  his 
shares,  or  a  sufficient  number  of  them  to  raise  the  sum  assessed, 
may  be  sold  at  public  auction  by  the  treasurer  —  the  surplus  on 
such  sale,  if  any,  to  be  paid  the  delinquent  subscriber,  after  deduct- 
ing expenses. 

Sect.  5,  A  toll  is  hereby  granted  to  the  corporation,  for  their 
benefit,  on  all  passengers  and  property  conveyed  on  said  railroad, 
at  such  rates  as  may  from  time  to  time  be  agreed  upon  by  the 
directors:  provided^  that  in  any  and  every  year,  when  the  net  re- 
ceipts shall  exceed  the  average  of  ten  per  cent,  per  annum  from  the 
commencement  of  their  operations,  the  excess  shall  be  paid  into 
the  treasury  of  the  State,  until  otherwis^i  directed  by  the  legisla- 
ture. 

Sect.  6.  Any  three  of  the  grantees  named  herein  may  call  the 
first  meeting  of  said  corporation,  by  giving  notice  thereof  by  ad- 
vertisement, three  weeks  successively  in  the  Farmer's  Cabinet,  a 
newspaper  published  at   Amherst.     The  annual  meeting  of  the 

41* 


486  PETERBOROUGH,    AND    SHIRLEY   RAILROAD    COMPANY. 

corporation  shall  be  held  on  the  day  prescribed  by  the  by-laws,  and 
at  such  place  in  this  State  as  the  directors  for  the  time  being  may 
appoint,  or  the  by-laws  may  prescribe;  at  which  meeting  the 
directors  shall  be  chosen  by  ballot.  The  directors  may  call  special 
meetings  of  the  corporation  whenever  they  may  deem  it  expedient, 
by  giving  such  notice  as  the  by-laws  may  direct. 

Sect.  7.  The  Concord  Railroad  Corporation  is  hereby  author- 
ized, with  the  consent  of  the  Sonhegan  Company,  to  assume  the 
construction  of  the  said  Souhegan  Railroad;  in  which  case  it  shall 
be  a  branch,  and  part  of  the  Concord  Railroad,  and  the  expense  of 
its  construction  and  furnishing  shall  be  added  to,  and  form  a  part 
of  the  capital  stock  of  the  Concord  Railroad  Corporation,  who  are 
hereby  invested,  in  relation  to  said  branch,  the  construction  of 
which  shall  be  so  assumed,  with  all  the  powers  and  privileges  in 
this  charter  granted,  and  made  subject  to  all  its  duties  and  habili- 
ties. 

Sect.  8.  That  so  much  of  the  Act  entitled,  "  An  Act  to  incorpo- 
rate the  Wilton  Railroad  Company,"  passed  and  approved  Decem- 
ber 28,  1844,  as  authorizes  the  constructing  of  a  railroad  from  the 
mouth  of  Souhegan  River  to  Amherst  Village,  be  and  is  hereby 
repealed. 

Sect.  9.  The  legislature  may  at  any  time  alter,  amend,  or  repeal 
this  Act,  or  any  of  its  provisions,  notice  being  given,  and  a  time 
and  opportunity  to  be  heard ;  and  this  Act  shall  take  effect  from 
and  after  the  passage  thereof.     Approved,  July  8,  1846. 


PETERBOROUGH  AND   SHIRLEY  RAILROAD   COMPANY. 

INCORPORATED    IN    NEW    HAMPSHIRE    IN    1846. 

Chapter  393  of  the  Laws  of  1846  contains  the  Charter. 

Sect.  1  grants  corporate  powers  and  describes  the  route. 

Sect.  2  authorizes  them  to  make  by-laws  not  repugnant  to  the  laws  of  the  State,  and 
to  hold  real  estate,  exclusive  ef  that  within  the  limits  of  the  road,  and  for  its  con- 
struction, not  exceeding  5  per  cent,  on  its  cost. 

Sect.  3  vests  the  government  in  seven  Directors,  and  provides  for  the  choice  of 
officers. 

Sect.  4  authorizes  the  Directors  to  create  a  sufficient  number  of  shares,  to  make 
equal  assessments  thereon,  not  exceeding  $100  on  each  share,  and  to  sell  shares 
for  non-payment  of  assessments,  after  notice. 


NEW  HAMPSHIRE.  487 

Sect.  5  grants  a  toll,  provided  they  pay,  each  j'ear,  into  the  State-treasury,  the 
excess  of  the  net  income  of  the  road  over  10  per  cent,  on  its  cost. 

Sect.  6  directs  the  mode  of  organization,  and  the  time  of  the  annual  meetings,  and 
provides  that  special  meetings,  if  necessary,  may  be  called. 

Sect.  7  reserves  to  the  Legislature  the  power  to  alter  or  repeal  this  Act. 

Chapter  618  of  the  Laws  of  1848  amends  this  Act,  so  that  the  Legislature  may  have  the 
power  to  alter  or  repeal  the  same.     [Vide  Chap.  618,  Laws  of  1848,  ante,  p.  454.] 


Laws  of  1846,  Chap.  393. 
An  Act  to  incorporate  the  Peterborough  and  Shirley  Railroad  Company. 

Sect.  1.  Be  it  enacted^  (^'c.  That  Samuel  Appleton,  Leonard  M. 
Parker,  Levi  Warren,  George  Elliot,  Nathan  Sanders,  Stephen 
Thayer,  and  George  Sanders,  their  associates,  successors,  and 
assigns,  are  hereby  made  a  body  politic  and  corporate  by  the  name 
of  the  Peterborough  and  Shirley  Railroad  Company,  with  all  the 
power,  rights,  and  privileges,  and  subject  to  all  the  duties  and  lia- 
bilities which  by  the  laws  of  this  State  are  or  may  be  incident  to 
railroad  corporations;  and  the  said  corporation  is  authorized  and 
empowered  to  locate,  construct,  and  finally  complete  a  railroad,  not 
exceeding  six  rods  in  width,  from  the  line  of  the  State,  in  Mason, 
through  New  Ipswich  to  Peterborough. 

Sect.  2.  Said  corporation  may  establish  for  itself  a  corporate 
seal,  make  by-laws  not  repugnant  to  the  laws  of  this  State,  and 
may  purchase  and  hold  land  exclusive  of  that  within  the  limits  of 
the  road,  and  land  purchased  to  procure  stone,  sand,  and  gravel, 
to  an  amount  not  exceeding  in  value,  at  the  time  of  its  purchase, 
five  per  cent,  of  the  capital  stock,  for  depots  and  other  convenien- 
cies. 

Sect.  3.  The  immediate  government  and  direction  of  the  affairs 
of  said  corporation  shall  be  vested  in  a  board  of  seven  directors, 
chosen  by  the  members  of  said  corporation  at  their  annual  meet- 
ing, who  shall  hold  their  offices  until  others  are  duly  elected  and 
qualified  to  act  in  their  stead.  And  the  said  directors  shall  elect 
one  of  their  number  to  be  president  of  said  board,  who  shall  also  be 
president  of  the  corporation  ;  and  shall  choose  a  clerk,  who  shall  be 
sworn  to  the  faithful  discharge  of  his  duties,  and  shall  also  be  clerk 
of  the  corporation,  unless  they  shall  elect  some  other  person  to  that 
office ;  and  also  choose  a  treasurer,  who  shall  give  bond  to  the  cor- 
poration, with  sureties  to  the  satisfaction  of  the  directors,  in  a  sum 


488  PETERBOROUGH   AND    SHIRLEY   RAILROAD    COMPANY. 

not  less  than  ten  thousand  dollars,  for  the  faithful  discharge  of  his 
trust;  and  also  appoint  such  other  servants  and  agents  as  they 
may  deem  expedient,  and  shall  have  and  exercise  all  the  powers 
of  the  corporation. 

Sect.  4.  The  directors  may  from  time  to  time  create  such  num- 
ber of  shares  as  may  be  sufficient  for  the  construction  of  said  rail- 
road, and  from  time  to  time  make  such  equal  assessments  on  all 
the  shares,  as  they  may  deem  expedient  and  necessary  ;  provided 
that  no  assessment  on  any  share  shall  exceed  the  sum  of  one  hun- 
dred dollars,  in  the  whole.  If  any  subscriber  shall  neglect,  for 
sixty  days  after  notice  given  by  the  treasurer,  to  pay  his  assess- 
ments, his  shares,  or  a  sufficient  number  of  them  to  raise  the  sum 
assessed,  may  be  sold  at  public  auction  by  the  treasurer;  the  sur- 
plus on  such  sale,  if  any,  to  be  paid  the  delinquent  subscriber  after 
deducting  the  expenses. 

Sect.  5.  A  toll  is  hereby  granted  to  the  corporation,  for  their 
benefit,  on  all  passengers  and  property  conveyed  on  said  railroad, 
at  such  rales  as  may  from  time  to  time  be  agreed  upon  by  the 
directors ;  provided,  that  in  any  and  every  year  when  the  net 
receipts  shall  exceed  the  average  of  ten  per  cent,  per  annum  from 
the  commencement  of  their  operations,  the  excess  shall  be  paid 
into  the  treasury  of  the  State,  until  otherwise  directed  by  the  legis- 
lature. 

Sect.  6.  Any  three  of  the  grantees  named  herein  may  call  the 
first  meeting  of  said  corporation,  by  giving  notice  thereof,  by  ad- 
vertisement three  weeks  successively  in  the  Farmer's  Cabinet,  a 
newspaper  pubUshed  at  Amherst.  The  annual  meeting  of  the 
corporation  shall  be  held  on  the  day  prescribed  by  the  by-laws, 
and  at  such  place  in  this  Stale  as  the  directors  for  the  time  being 
may  appoint,  or  the  by-laws  may  prescribe  ;  at  which  meeting  the 
directors  shall  be  chosen  by  ballot.  The  directors  may  call  special 
meetings  of  the  corporation  whenever  they  may  deem  it  expedient, 
by  giving  such  notice  as  the  by-laws  may  direct. 

Sect.  7.  The  legislature  may  at  any  time  alter  or  amend  this 
Act,  or  any  of  its  provisions,  notice  being  given  and  opportunity 
to  be  heard ;  or  may  repeal  the  same  for  a  violation  thereof,  and 
this  Act  shall  take  effect  upon  iis  passage.  Approved,  Jtdy  S, 
1846. 


NEW  HAMPSHIRE.  489 


SULLWAN   RAILROAD    COMPANY. 

INCORPORATED    IN    NEW    HAMPSHIRE    IN    1846. 

Chapter  395  of  the  Private  Acts  of  1846  contaiiis  the  Charter. 

Sect.  1  grants  corporate  powers,  restricting  the  power  to  hold  real  estate,  exclusive 
of  that  within  the  limits  of  the  road,  and  for  its  construction,  to  5  per  cent,  on  its 
cost. 

Sect.  2  describes  the  route,  authorizing  them  to  connect  this  road  with  that  of  the 
Cheshire  Railroad  Company,  and  to  build  a  bridge  across  Connecticut  River,  so  as 
not  to  impede  navigation  ;  it  requires  them  to  keep  their  engines  and  cars  in  good 
repair,  and  run  them  each  way,  at  least  once  a  day,  Sundays  excepted. 

Sect.  3  authorizes  them  to  extend  their  road,  to  such  point  as  said  Cheshire  Railroad 
Company  shall  relinquish  their  road,  when  said  Cheshire  Railroad  Company  shall 
have  notified  them  thereof  in  writing  ;  this  Company  paying  them  any  reasonable 
expenditures  of  surveys  and  location. 

Sect.  4  divides  the  capital  stock  into  5000  shares,  vests  the  government  in  seven 
Directors,  and  provides  for  the  choice  of  officers. 

Sect.  5  grants  a  toll,  provided  they  pay  into  the  State  treasury,  each  year,  the  ex- 
cess of  the  net  income  of  the  road  over  10  per  cent,  on  its  cost. 

Sect.  6  defines  the  powers  and  duties  of  the  officers  ;  it  authorizes  making  equal 
assessments,  not  exceeding  $100  on  each  share;  a  sale  of  shares  for  non-pay- 
ment of  assessments,  after  notice,  and  creating  new  shares,  if  necessary,  to  be 
distributed  among  the  original  stockholders. 

Sect.  7  establishes  the  mode  of  crossing  any  private  way,  highway,  canal,  or  turn- 
pike, giving  any  party  aggrieved  a  right  of  action,  to  be  commenced  within  two 
years  from  the  time  of  the  obstruction ;  requires  that  they  make  alterations  in 
crossing  any  highway,  or  turnpike,  necessary  in  the  opinion  of  the  County  Com- 
missioners, at  the  request  of  the  Selectmen  of  any  town  or  the  proprietors  of  any 
turnpike,  in  neglect  or  refusal  of  which  they  shall  be  liable  to  damages  ;  and  re- 
quires that  they  erect  and  maintain  a  bridge  over,  or  gates  on  each  side  of,  a  high- 
way, which  they  cross  or  intersect,  and  maintain  all  other  bridges,  in  default 
thereof  being  liable  to  damages. 

Sect.  8  provides  that,  if  one  half  of  the  capital  stock  be  not  subscribed  for,  and  the 
Corporation  organized  before  December  1,  1846,  and  $100,000  expended  in  its 
construction  before  Decembisr  1,  1847,  this  Act  shall  be  void ;  and  that  it  shall  be 
void  as  to  every  part  of  the  road  not  completed  and  fit  for  use  before  December  1, 
1850. 

Sect.  9  appoints  the  time  of  the  annual  meeting,  when  Directors  shall  be  chosen, 
provides  that  special  meetings,  when  necessary,  may  be  called,  and  directs  the 
mode  of  organization. 

Sect.  10  provides  that  expenses  of  surveys  and  for  other  purposes  relating  to  the 
road  shall,  when  audited,  constitute  a  charge  against  the  Company. 

Sect.  11  makes  the  provisions  of  this  Act  subject  to  the  general  laws  of  the  State 
respecting  Railroads  and  Corporations. 


490  SULLIVAN   RAILROAD    COMPANY. 

Sect.  1 2  reserves  to  the  Legislature  the  power  to  alter  or  repeal  this  Act,  after  notice 
to  the  corporation  and  a  hearing. 

Chapter  555  of  the  Private  Acts  of  1847  contains  an  Act  in  addition  to  the  foregoing. 

Sect.  1  authorizes  them  to  build  a  branch  to  Claremont  and  to  Charlestown. 
Sect.  2  provides  that  this  Act  take  effect  from  its  passage. 

Chapter  618  of  the  Laws  of  1848  amends  this  Act  so  that  the  Legislature  shall  have  the 
power  to  alter  or  repeal  the  same,     [Tide  Chap.  618,  Laws  of  1848,  ante,  p.  454.] 


Laws  of  1846,  Chap.  395. 
An  Act  to  incorporate  the  Sullivan  Railroad  Company. 

Sect.  1.  Be  it  enacted.,  ^*c.  That  Samuel  Tutherly,  John  W. 
Tappan,  Henry  Hubbard,  George  Olcott,  Frederic  T.  Kidder, 
Henry  Russell,  Aurelius  Dickenson,  Thomas  Leland,  William 
Briggs,  Reuben  Davis,  Roswell  Robinson,  their  associates,  and 
assigns,  shall  be  and  hereby  are  made  a  body  politic  and  corporate 
by  the  name  of  the  SulUvan  Railroad  Company  ;  by  that  name 
may  sue  and  be  sued,  prosecute  and  be  prosecuted  to  final  judg- 
ment and  execution,  and  are  hereby  vested  with  all  the  powers 
necessary  and  proper  to  carry  into  effect  the  purposes  and  objects 
of  this  Act;  but  shall  hold  no  more  land  at  any  one  time,  exclu- 
sive of  that  within  the  limits  of  the  road,  and  land  purchased  to 
procure  stone,  sand,  and  gravel,  than  shall  be  worth,  at  the  time  of 
its  purchase,  five  per  cent,  of  the  capital  stock  of  the  company. 

Sect.  2.  The  said  company  are  hereby  authorized  and  empow- 
ered to  construct,  and  finally  to  complete  for  public  use,  and  keep 
in  use,  a  raih'oad  from  some  point  on  the  western  boundary  of  this 
State,  adjoining  the  towns  of  Windsor  or  Weathersfield,  in  the 
State  of  Vermont,  to  a  point  convenient  to  connect  with  the  Chesh- 
ire Railroad,  near  Cheshire  Bridge,  in  Charlestown  ;  or  in  case  said 
road  shall  be  constructed  from  some  point  within  the  limits  of  the 
town  of  Cornish,  on  the  western  line  of  the  State,  and  passing 
through  Claremont,  and  through  that  part  of  Charlestown,  distant 
from  and  easterly  of  Connecticut  River,  near  the  present  main 
travelled  road  between  the  two  last  mentioned  towns;  thence  to  a 
convenient  point  to  connect  with  said  Cheshire  Railroad  at  or  near 
the  central  village  in  said  Charlestown.  but  not  to  extend  south  of 


NEW   HAMPSHIRE.  491 

said  village,  if  the  Cheshire  Railroad  Company  shall  construct  their 
road  to  or  through  said  village  ;  hut  if  the  Cheshire  Railroad  Com- 
pany shall  not  construct  their  road  to  or  through  said  village,  then 
the  connection  shall  be  made  at  a  point  as  near  to  said  village  as 
may  be  practicable;  and  the  said  company  are  authorized  and 
empowered  to  construct  any  bridge  across  Connecticut  River,  at  or 
near  the  point  where  said  company  shall  determine  to  commence 
the  construction  of  their  road,  for  the  sole  use  and  accommodation 
of  the  travel  on  said  railroad,  and  for  the  transportation  of  such 
property  only  as  shall  be  carried  on  said  railroad ;  provided,  said 
bridge  shall  be  so  constructed  as  not  unnecessarily  to  impede  the 
navigation  of  said  river ;  and  said  corporation  are  required  to  keep 
said  road  and  bridge  in  good  repair,  and  provide  suitable  and  proper 
engines  and  cars  for  the  conveyance  of  passengers  and  property 
over  the  road,  and  cause  the  said  engines  and  cars  to  be  run  each 
way  at  least  once  a  day,  Sundays  excepted,  to  accommodate  the 
public  travel  and  transportation,  except  when  prevented  by  una- 
voidable accidents  and  contingencies. 

Sect.  3.  If  the  Cheshire  Railroad  Company  elect  to  relinquish 
to  the  use  of  said  Sullivan  company,  any  portion  of  their  road  be- 
low said  Cheshire  Bridge,  and  shall  notify  said  Sullivan  Company 
thereof  in  writing,  the  said  Sullivan  Company  is  hereby  authorized 
and  empowered  to  locate,  construct,  and  extend  their  said  railroad, 
from  the  place  of  connection  above  mentioned  to  the  point  to  which 
said  Cheshire  Railroad  shall  relinquish  their  road,  as  aforesaid  ; 
and  thereupon  shall  pay  to  said  Cheshire  Railroad  Company,  such 
proper  expenditures  as  they  shall  have  mcurred  m  surveying  and 
locating  said  road  relinquished,  so  far  as  said  Sullivan  Company 
shall  be  benefited  thereby. 

Sect.  4.  The  capital  stock  of  said  company  shall  consist  of  five 
thousand  shares,  and  the  immediate  government  and  direction  of 
the  affairs  thereof  shall  be  vested  in  seven  directors,  who  shall  be 
chosen  by  the  members  or  stockholders  in  the  manner  hereinafter 
provided  ;  and  shall  hold  their  offices  until  others  shall  be  duly 
elected  and  qualified  to  take  their  places  as  directors ;  and  the  said 
directors,  a  majority  of  whom  shall  form  a  quorum  for  the  trans- 
action of  business,  shall  elect  one  of  their  own  number  to  be  presi- 
dent of  the  board,  who  shall  also  be  president  of  the  company ; 
and  they  shall  have  authority  to  choose  a  clerk,  who  shall  be  sworn 
to  the  faithful  discharge  of  his  duty,  and  shall  also  be  clerk  of  the 
company,  unless  they  shall  elect  some  other  person  to  that  office ; 


492  SULLIVAN    RAILROAD    COMPANY. 

and  they  shall  also  have  authority  to  choose  a  treasurer,  who  shall 
give  bonds  to  the  corporation,  with  sureties  to  the  satisfaction  of 
the  directors,  in  a  sum  not  less  than  thirty  thousand  dollars,  for  the 
faithful  discharge  of  his  trust,  and  such  other  agents  and  servants 
as  shall  from  time  to  time  be  necessary. 

Sect.  5.  A  toll  is  hereby  granted  to  the  corporation  for  their 
benefit,  on  all  passengers  and  property  which  may  be  conveyed  on 
said  railroad,  at  such  rates  as  may  be  from  time  to  time  agreed 
upon  by  the  directors  ;  provided,  that  in  every  and  any  year,  when 
their  net  receipts  shall  exceed  the  average  of  ten  per  cent,  per  an- 
num from  the  commencement  of  their  operations,  the  excess  shall 
be  paid  into  the  treasury  of  the  State,  until  otherwise  directed  by 
the  legislature.  And  the  directors  are  hereby  authorized  to  erect 
toll  houses,  and  houses  for  the  deposit  of  merchandise ;  demand 
and  receive  toll  upon  the  road  when  completed,  and  upon  such 
parts  thereof  as  shall  from  time  to  time  be  completed. 

Sect.  6.  The  president  and  directors  for  the  time  being  are  au- 
thorized and  empowered,  by  themselves  or  their  agents,  to  exercise 
all  the  powers  herein  granted  to  the  corporation,  for  the  purpose  of 
constructing  and  completing  said  railroad,  and  for  the  transporta- 
tion of  persons,  goods,  and  merchandise  thereon,  and  all  such  other 
powers  and  authority  for  the  management  of  the  affairs  of  the 
corporation,  not  heretofore  granted,  as  may  be  necessary  and  proper 
to  carry  into  effect  the  objects  of  this  grant ;  to  purchase  lands, 
materials,  engines,  cars,  and  other  necessary  things,  in  the  name 
of  the  corporation,  for  the  use  or  on  the  line  of  the  road,  and  for 
the  transportation  of  persons,  goods,  and  merchandise ;  to  make 
such  equal  assessments  from  time  to  time  upon  all  the  shares  in 
said  corporation,  as  they  may  deem  expedient  and  necessary  in  the 
execution  and  progress  of  the  work,  and  direct  the  same  to  be  paid 
to  the  treasurer  of  the  corporation;  and  the  treasurer  shall  give 
notice  of  such  assessments,  and  if  any  subscriber  shall  neglect,  for 
sixty  days  after  such  notice,  to  pay  his  assessments,  the  directors 
may  order  the  treasurer  to  sell  his  share  or  shares  at  public  auction, 
due  notice  thereof  being  given,  to  the  highest  bidder,  and  the  same 
shall  be  transferred  to  the  purchaser;  and  such  delinquent  sub- 
scriber shall  be  held  accountable  to  the  corporation  for  the  balance, 
if  his  share  or  shares  shall  sell  for  less  than  the  assessment  due 
thereon,  with  interest  and  cost  of  sale  ;  and  shall  be  entitled  to  the 
overplus,  if  any  there  be ;  provided,  that  no  assessment  shall  be 
laid  on  any  share  of  a  greater  amount  than  one  hundred  dollars  in 


NEW  HAMPSHIRE.  493 

the  whole  on  each  share  ;  and  if  a  greater  amount  of  money  shall 
be  necessary,  it  shall  be  raised  by  creating  new  shares,  giving 
the  stockholders  in  the  corporation  the  right  to  take  said  shares,  in 
proportion  to  the  shares  respectively  owned  by  them  in  said  cor- 
poration. 

Sect.  7.  If  the  said  railroad  in  the  course  thereof  shall  intersect 
or  cross  any  private  way,  the  said  corporation  shall  so  construct 
said  railroad  as  not  to  obstruct  the  safe  and  convenient  use  of  such 
private  way;  and  if  said  raih'oad  shall  not  be  so  constructed,  the 
party  aggrieved  shall  be  entitled  to  his  action  on  the  case,  and  shall 
recover  reasonable  damages  for  such  injury  ;  but  no  action  shall  be 
commenced  after  the  expiration  of  two  years  from  the  obstruction 
aforesaid.  And  if  the  said  railroad  shall,  in  the  course  thereof,  in- 
tersect or  cross  any  canal,  turnpike,  or  other  highway,  and  the  said 
railroad  shall  be  so  constructed  as  not  to  impede  or  obstruct  the 
safe  and  convenient  use  of  such  canal,  turnpike,  or  other  highway  ; 
and  the  corporation  shall  have  the  power  to  raise  or  lower  such 
turnpike,  highway,  or  private  way,  so  that  the  railroad,  if  neces- 
sary, may  conveniently  pass  under  or  over  the  same;  and  if  said 
corporation  shall  raise  or  lower  any  such  turnpike,  highway,  or 
private  way,  and  shall  not  so  raise  or  lov/er  the  same  as  to  be 
satisfactory  to  the  proprietors  of  such  turnpike  or  to  the  selectmen 
of  the  town,  in  which  said  highway  or  private  way  may  be  situate, 
as  the  case  may  be,  said  proprietors  or  selectmen  may  require  in 
writing  of  said  corporation,  such  alteration  or  amendment  as  they 
may  deem  necessary  ;  and  if  the  required  alteration  or  amendment 
be  reasonable  and  proper,  in  the  written  opinion  of  the  road  com- 
missioners for  the  county  in  which  such  alteration  or  amendment 
is  proposed,  and  the  said  corporation  shall  unnecessarily  and  un- 
reasonably neglect  to  make  the  same,  such  proprietors  or  select- 
men, as  the  case  may  be,  may  proceed  to  make  such  alteration  or 
amendment,  and  may  institute  and  prosecute  to  final  judgment 
and  execution,  any  action  on  the  case  against  said  corporation  : 
and  shall  therein  recover  reasonable  damages  for  all  charges,  dis- 
bursements, labor,  and  services  occasioned  by  making  such  altera- 
tions or  amendments,  with  costs  of  suit ;  and  whenever  said  railroad 
shall  intersect  or  cross  any  highway,  the  board  of  road  commission- 
ers within  the  county,  on  notice  given,  and  hearing  had  for  this 
purpose,  may  direct  that  such  place  of  crossing  or  intersection  shall 
be  secured  by  a  bridge  over  said  road,  or  by  the  erection  of  gates 
on  both  sides  of  said  road,  should  either,  in  their  opinion,  be  essen- 
42 


494  SULLIVAN  RAILROAD    COMPANY. 

tial  to  public  safety;  and  such  power  shall  be  vested  solely  in  the 
road  commissioners.  And  the  said  company  shall  constantly  main- 
tain in  good  repair  all  bridges,  with  their  abutments  and  embank- 
ments, which  they  may  construct  for  the  purpose  of  conducting 
said  railroad  over  any  turnpike,  private  way,  or  highway,  or  for 
conducting  such  turnpike,  private  way,  or  highway,  over  said  rail- 
road, and  in  default  thereof  shall  be  liable  in  an  action  on  the  case, 
to  respond  in  damages  to  any  party  aggrieved. 

Sect.  8.  Unless  one  half  of  the  capital  stock  above  specified 
shall  be  subscribed  for,  and  the  corporation  organized  before  the 
first  day  of  December,  in  the  year  of  our  Lord  one  thousand  eight 
hundred  and  forty-six,  and  the  sum  of  one  hundred  thousand  dol- 
lars shall  have  been  expended,  toward  the  construction  of  said  road 
before  the  first  day  of  December,  in  the  year  of  our  Lord  one  thou- 
sand eight  hundred  and  forty-seven,  this  Act  shall  be  null  and  void. 
And  this  Act  shall  be  null  and  void,  as  to  any  and  every  portion 
of  said  railroad  which  shall  not  be  completed  and  fit  for  use,  on  or 
before  the  first  day  of  December,  in  the  year  of  our  Lord  one  thou- 
sand eight  hundred  and  fifty. 

Sect.  9.  The  annual  meeting  of  the  members  or  stockholders  of 
the  corporation  shall  be  held  on  the  day  prescribed  by  the  by-laws, 
and  at  such  place  in  this  State  as  the  directors  for  the  time  being 
shall  appoint,  or  as  the  by-laws  shall  prescribe,  at  which  meet- 
ing seven  directors  shall  be  chosen  by  ballot.  The  directors  may 
call  special  meetings  of  the  stockholders  whenever  they  shall  deem 
it  expedient,  giving  such  notice  as  the  corporation  by  their  by-laws 
shall  direct.  And  any  three  of  the  five  persons  first  named  in  this 
Act  may  call  the  first  meeting  of  the  corporation,  by  a  notice  pub- 
lished two  weeks  successively  in  the  newspapers  published  at 
Claremont,  at  which  meeting  associates  may  be  admitted,  by-laws 
adopted,  and  a  president  and  clerk,  and  such  other  ofiicers,  and 
such  agents  and  committees,  may  be  chosen  or  appointed  as  ma}'' 
be  deemed  necessary  to  carry  into  efiect  the  objects  of  this  Act,  who 
shall  hold  their  offices  no  longer  than  until  a  board  of  directors 
shall  be  chosen. 

Sect.  10.  The  expenses  heretofore  incurred  in  making  surveys 
and  accomplishing  other  purposes  in  relation  to  said  railroad,  and 
suitable  compensation  for  time  expended,  the  claims  being  audited 
and  allowed  by  the  directors,  shall  constitute  a  valid  charge  against 
the  corporation,  and  be  allowed  in  discharge  of  assessments  on 
shares. 


NEW    HAMPSHIKE.  495 

Sect.  11.  The  said  corporation  shall  hold  and  enjoy  the  privi- 
leges and  franchises  herein  granted,  subject  to  the  laws  in  relation 
to  corporations  and  railroads,  as  they  now  stand  in  the  Revised 
Statutes  of  this  State. 

Sect.  12.  The  legislature  may  alter,  amend  or  modify  the  pro- 
visions of  this  Act,  or  repeal  the  same,  notice  being  given  to  the 
corporation,  and  an  opportunity  to  be  heard.  Approved,  July  10, 
1846. 

Laws  of  1847,  Chap.  555. 

An  Act  in  addition  to  an  Act  entitled  "  An  Act  to  incorporate  the  Sullivan  Eailroad 

Company." 

Sect.  1.  Be  it  enacted,  ^c.  That  the  Sullivan  Railroad  Com- 
pany shall  have  the  power  to  extend  their  railroad,  by  construct- 
ing a  branch  to  the  village  of  Claremont,  and  a  branch  to  the  vil- 
lage of  Charlestown. 

Sect.  2.  This  Act  shall  take  effect  from  and  after  its  passage. 
Approved,  June  30,  1847. 


FRANKLIN  AND    BRISTOL  RAILROAD. 

INCORPORATED    IN   NEW    HAMPSHIRE    IN    1846. 

Chapter  396  of  the  Private  Acts  of  1846  co7ifains  the  Charter. 

Sect.  1  grants  corporate  powers,  restricting  the  right  to  hold  real  estate,  exclusive 
of  that  within  the  limits  of  the  road  and  for  its  construction,  to  5  per  cent,  on 
its  cost. 

Sect.  2  describes  the  route,  beginning  at  any  point  on  the  Northern  Railroad,  and 
reqrures  them  to  keep  their  engines  and  cars  in  good  order,  and  to  run  them  each 
way  at  least  once  each  day,  Sundays  excepted. 

Sect.  3  divides  the  capital  stock  into  2000  shares,  vests  the  government  in  seven 
Directors,  and  provides  for  the  choice  of  officers. 

Sect.  4  grants  a  toll,  provided  they  pay  into  the  State  Treasury,  each  year,  the 
excess  of  the  net  income  of  the  road  over  its  cost. 

Sect.  5  defines  the  powers  and  duties  of  the  officers,  and  authorizes  making  equal 
assessments  not  exceeding  $100  on  each  share,  a  sale  of  shares  for  non-payment 
of  assessments,  after  notice,  and  creating  new  shares,  if  necessary,  to  be  distributed 
proportionally  among  the  original  stockholders. 

Sect.  6  establishes  the  manner  of  crossing  any  private  way,  highway,  canal,  or  turn- 
pike, giving  any  party  aggrieved  a  right  of  action  within  two  years  from  the 
time  of  the  obstruction ;  requires  that  they  make  alterations,  necessary  in  the 


496  PRANKLIN    AND    BRISTOL    RAILROAD. 

opinion  of  the  County  Commissioners,  in  crossing  any  highway,  or  turnpike,  at  the 
request  of  the  Selectmen  of  any  town  or  the  proprietors  of  any  turnpike,  in  neg- 
lect or  refusal  of  which  they  shall  be  liable  to  damages ;  and  requires  that  they 
erect  and  maintain  a  bridge  over,  or  gates  on  each  side  of,  a  highway,  which  they 
cross  or  intersect,  and  maintain  all  other  bridges,  in  default  thereof  being  liable 
for  damages. 

Sect.  7  provides,  that  if  one  half  of  the  capital  stock  be  not  subscribed  for,  and  the 
Corporation  organized  before  December  1,  1850,  and  $20,000  expended  towards 
its  construction  before  December  1,  1851,  this  Act  shall  be  void;  and  that  it  shall 
be  void  as  to  every  part  of  the  road  not  completed  and  lit  for  use  before  December 
1,  1852. 

Sect.  8  appoints  the  time  of  the  annual  meeting,  when  Directors  shall  be  chosen ; 
provides  that  they  may  call  special  meetings,  when  necessary,  and  directs  the 
mode  of  organization. 

Sect.  9  provides  that  expenses  of  surveys  and  for  other  purposes  relating  to  the 
road,  when  audited,  shall  constitute  a  charge  against  the  Corporation. 

Sect.  10  makes  this  Act  subject  to  the  laws  of  the  State  respecting  Railroads  and 
Corporations. 

Sect.  11  reserves  to  the  Legislature  the  power  to  alter  this  Act,  or  to  repeal  it,  after 
notice  to  the  Corporation  and  a  hearing. 

Sect.  12  provides  that  this  Act  take  effect  from  its  passage. 

Chapter  618  o/"  the  Lmcs  of  1848  amends  this  Act  so  that  the  Legislature  shall  havetlie 
power  to  alter  or  repeal  the  same,     [Vide  Chap.  618,  Laws  of  1848,  aiite,  p.  454.] 

Chapter  777  of  the  Private  Acts  of  1848  contains  an  additional  Act. 

Sect.  1  authorizes  this  Company  to  unite  with  the  Xorthern  Railroad,  the  stock  of 
both  Corporations  to  become  one,  and  the  stockholders  of  one  Company  to  be 
stockholders  of  the  other. 

Sect.  2  requires  this  union  to  be  effected  before  June  1,  1849,  or  this  Act  shall  be 
void. 

Sect.  3  provides  that  this  Act  shall  take  effect,  when  it  is  accepted  by  the  stock- 
holders, at  meetings  of  the  respective  Corporations  called  for  that  purpose. 


Laws  of  1846,  Chap.  396. 
An  Act  to  incorporate  the  Franklin  and  Bristol  Railroad. 

Sect.  1.  Be  it  enacted,  ^'c.  That  Nathaniel  S.  Berry,  Levi  Bart- 
lett,  Brackett  L.  Greenoiigh,  Oscar  F.  Fowler,  Frederic  Bartlett. 
Samuel  C.  Brown,  Joseph  Cass,  George  W.  Sumner,  Folsom  Mor- 
rill, James  Crawford,  Nicholas  M.  Taylor,  John  Ayes,  Warren 
White,  David  McClure,  their  associates,  successors,  and  assigns, 
shall  be  and  hereby  are  made  a  body  politic  and  corporate  by  the 
name  of  the  Franklin  and  Bristol  Railroad,  and  by  that  name  may 


NEW  HAMPSHIRE.  497 

sue  and  be  sued,  prosecute  and  be  prosecuted  to  final  judgment 
and  execution,  and  hereby  are  ^^ested  with  all  the  powers  neces- 
sary and  proper  to  carry  into  effect  the  objects  and  purposes  of  this 
Act ;  but  shall  hold  no  more  real  estate  at  any  one  time,  exclusive 
of  that  within  the  limits  of  the  road,  and  land  purchased  to  pro- 
cure stone,  sand,  and  gravel,  than  shall  be  worth  five  per  cent,  of 
the  capital  stock  of  said  corporation. 

Sect.  2.  The  said  corporation  are  hereby  authorized  and  em- 
powered to  construct,  and  finally  complete  for  public  use,  and  keep 
in  use  a  railroad,  beginning  at  any  point  on  the  Northern  Railroad 
in  the  town  of  Franklin,  in  the  county  of  Merrimac,  thence  up  the 
valley  of  the  Merrimac  (and  Pemigewasset)  River  through  the 
town  of  Hill  to  Bristol  village,  in  Bristol.  And  said  corporation 
are  required  to  keep  said  road  in  good  repair,  and  provide  suitable 
engines  and  cars  for  the  conveyance  of  passengers  and  property 
over  the  said  road,  and  cause  the  said  engines  and  cars  to  be  run 
each  way  at  least  once  a  day,  Sundays  excepted,  to  accommodate 
the  public  travel  and  transportation,  except  when  prevented  by 
unavoidable  accidents  and  contingencies. 

Sect.  3.  The  capital  stock  of  said  corporation  shall  consist  of 
two  thousand  shares  ;  and  the  immediate  government  and  direction 
of  the  affairs  thereof  shall  be  vested  in  seven  directors,  who  shall 
be  chosen  by  the  members,  or  stockholders,  in  the  manner  herein- 
after provided,  and  shall  hold  their  offices  until  others  shall  be 
elected  and  qualified  to  take  their  places  as  directors.  And  the 
said  directors,  a  majority  of  whom  shall  form  a  quorum  for  the  trans- 
action of  business,  shall  elect  one  of  their  own  number  for  presi- 
dent of  the  company ;  and  they  shall  have  authority  to  choose  a 
clerk,  who  shall  be  sworn  to  the  faithful  discharge  of  his  duty ; 
and  they  shall  have  also  authority  to  choose  a  treasurer,  who  shall 
give  bonds  to  the  corporation,  with  sureties  to  the  satisfaction  of 
the  directors,  in  a  sum  not  less  than  thirty  thousand  dollars,  for  the 
faithful  discharge  of  his  trust;  and  such  other  agents  and  servants 
as  shall  from  time  to  time  be  necessary. 

Sect.  4.  A  toll  is  hereby  granted  to  the  corporation  for  their 
benefit,  on  all  passengers  and  property  which  may  be  conveyed  on 
said  railroad,  at  such  rates  as  may  be  from  time  to  time  agreed  on 
by  the  directors  :  Provided^  that  in  any  and  every  year  when  their 
net  receipts  shall  amount  to  a  sum  making,  with  the  prior  net 
receipts  of  said  corporation,  more  than  an  average  of  ten  per  cent, 
per  annum  from  the  commencement  of  their  operations,  the  excess 

42* 


498  ^     FRANKLIN    AND    BRISTOL   RAILROAD. 

shall  be  paid  into  the  treasury  of  the  State,  until  otherwise  directed 
by  the  legislature.  And  the  directors  are  hereby  authorized  to 
erect  toll-houses  and  houses  for  the  deposit  of  merchandise,  and 
demand  and  receive  toll  upon  the  road  when  completed,  and  upon 
such  parts  thereof  as  shall  from  time  to  time  be  completed. 

Sect.  5.  The  president   and  directors  for  the  time  being  are 
authorized  and  empowered,  by  themselves  or  their  agents,  to  exer- 
cise all  the  powers  herein  granted  to  the  corporation,  for  the  pur- 
pose of  constructing  and  completing  said  railroad,   and  for  the 
transportation  of  persons,  goods,  and  merchandise  thereon,  and  all 
such  other  powers  and  authority,  for  the  management  of  the  aflairs 
of  the  corporation,  not  heretofore  granted,  as  may  be  necessary 
and  proper  to  carry  into  effect  the  object  of  this  grant;  to  purchase 
lands,  materials,  engines,  cars,  and  other  necessary  things,  in  the 
name  of  the  corporation,  for  the  use  of  said  road,  and  for  the  trans- 
portation of  persons,  goods,  and  merchandise;  to  make  such  equal 
assessments  from  time  to  time  on  all  the  shares  in  said  corporation 
as  they  may  deem  expedient  and  necessary  in  the  execution  and 
progress  of  the  work,  and  direct  the  same  to  be  paid  to  the  trea- 
surer;  and  the  treasurer  shall  give  notice  of   such  assessments. 
And  if  any  subscriber  shall  neglect,  for  sixty  days  after  such 
notice,  to  pay  his  assessments,  the  directors  may  order  the  trea- 
surer to  sell  his  share  or  shares  at  public  auction,  due  notice  thereof 
being  given,  to  the  highest  bidder;  and  the  same  shall  be  trans- 
ferred to  the  purchaser ;  and  such  delinquent  subscriber  shall  be 
held  accountable  to  the  corporation  for  the  balance,  if  his  share  or 
shares  shall  sell  for  less  than  the  assessments  due  thereon,  with 
interest  and  costs  of  sale,  and  shall  be  entitled  to  the  overplus,  if 
any  there  be ;  provided,  that  no  assessment  be  laid  on  any  share 
of  a  greater  amount  than  one  hundred  dollars  in  the  whole  on  each 
share.     And  if  a  greater  amount  of  money  shall  be  necessary,  it 
shall  be  raised  by  creating  new  shares,  giving  the  stockholders  in 
the  corporation  the  right  to  take  said   shares,  in   proportion  to 
shares  by  them  respectively  owned  in  said  corporation. 

Sect.  6.  If  said  railroad  in  the  course  thereof,  shall  intersect 
or  cross  any  private  way,  the  said  corporation  shall  so  construct 
said  railroad,  as  not  to  obstruct  the  safe  and  convenient  use  of  such 
private  way ;  and  if  said  railroad  be  not  so  constructed,  the  party 
aggrieved  shall  be  entitled  to  his  action  on  the  case,  and  shall 
recover  reasonable  damages  for  such  injury ;  but  no  action  shall  be 
commenced  after  the  expiration  of  two  years  from  the  obstruction 


NEW  HAMPSHIRE.  499 

aforesaid.     And  if  the  said  railroad  shall  in  the  course  thereof  in- 
tersect or  cross  any  canal,  or  turnpike,  or  other  highway,  the  said 
railroad  shall  be  so  constructed  as  not  to  impede  or  obstruct  the 
safe  and  convenient  use  of  such  canal,  turnpike,  or  other  high- 
way, and  the  corporation  shall  have  the  power  to  raise  or  lower 
such  turnpike,  highway,  or  private  way,  so  that  the  railroad,  if 
necessary,  may  conveniently  pass  over  or  under  the  same ;  and  if 
said  corporation  shall  raise  or  lower  any  such  turnpike,  highway, 
or  private  way,  and  shall  not  raise  or  lower  the  same  so  as  to  be 
satisfactory  to  the  proprietors  of  such  turnpike,  or  to  the  selectmen 
of  the  town  in  which  such  highway  or  private  way  may  be  situated, 
as  the  case  may  be,  said  proprietors  or  selectmen  may  require,  in 
writing,  of  said  corporation,  such  alteration  or  amendment  as  they 
may  think  necessary.     And  if  the  required  alteration  or  amend- 
ment be  reasonable  and  proper,  in  the  written  opinion  of  the  road 
commissioners  for  the  county  in  which  such  alteration  or  amend- 
ment is  proposed,  and  the  said  corporation  shall  unnecessarily  and 
unreasonably  neglect  to  make  the  same,  such  proprietors  or  select- 
men, as  the  case  may  be,  may  proceed  to  make  such  alteration  or 
amendment,  and  may  institute  any  action  on  the  case  against  said 
corporation  ;  and  shall  thereupon  recover  reasonable  damages  for  all 
charges,  disbursements,  labor,  and  services  occasioned  by  making 
such   alteration  or  amendment,  with  costs  of  suit.     And  when- 
ever said  railroad  shall  intersect  or  cross  any  highway,  the  board 
of  road  commissioners  within  the  county,  on  notice  given,  and 
hearing  had  for  this  purpose,  may  direct  that  such  place  of  cross- 
ing or  intersection,  shall  be  secured  by  a  bridge  over  said  road,  or 
by  the  erection  of  gates  on  both  sides  of  said  road,  should  either, 
in  their  opinion,  be  necessary  for  the  public  safety  ;  and  such  pow- 
ers shall  be  vested  solely  in  the  road  commissioners.     And  the 
company  shall  constantly  maintain  in  good  repair,  all  bridges,  with 
their  abutments  and  embankments,  which  they  may  construct  for 
the  purpose  of  conducting  said  railroad  over  any  turnpike,  private 
way,  or  highway,  or  for  conducting  such  turnpike,  private  way,  or 
highway,  over  said  road ;  and  in  default  thereof,  shall  be  liable 
in  an  action  on  the  case  to  respond  in  damages  to  any  party 
aggrieved. 

Sect.  7.  Unless  one  half  of  the  capital  stock  above  specified 
shall  be  subscribed  for,  and  the  corporation  organized  before  the 
first  day  of  December,  in  the  year  of  our  Lord  one  thousand  eight 
hundred  and  fifty,  and  the  sum  of  twenty  thousand  dollars  shall 


500  FRANKLIN    AND    BRISTOL    RAILROAD. 

have  been  expended  towards  the  construction  of  said  raih'oad, 
before  the  first  day  of  December,  in  the  year  of  our  Lord  one 
thousand  eight  hnndred  and  fifty-one,  this  Act  shall  be  nnll  and 
void.  And  this  Act  shall  be  nnll  and  void  as  to  any  and  every 
portion  of  said  railroad  that  shall  not  be  completed  and  fit  for  nse, 
on  or  before  the  first  day  of  December,  in  the  year  one  thousand 
eight  hundred  and  fifty-two. 

Sect.  S.  The  annual  meeting  of  the  members  and  stockholders  of 
the  corporation  shall  be  holden  on  the  day  prescribed  by  the  by- 
laws, and  at  such  place  in  this  State  as  the  directors,  for  the  time 
being,  may  appoint,  or  as  the  by-laws  shall  prescribe ;  at  which 
meeting  seven  directors  shall  be  chosen  by  ballot.  The  directors 
may  call  special  meetings  of  the  stockholders  whenever  they  shall 
deem  it  expedient,  giving  such  notice  as  the  corporation  by  their 
by-laws  shall  direct ;  and  any  three  of  the  five  persons  first  named 
in  this  Act  may  call  the  first  meeting,  by  a  notice  pnbiished  two 
weeks  successively  in  two  of  the  newspapers  printed  at  Concord, 
at  which  meeting  associates  may  be  admitted,  and  a  president  and 
clerk,  and  such  other  officers,  agents,  and  committees  may  be 
chosen  or  appointed,  as  may  be  deemed  necessary  and  expedient 
to  carry  into  effect  the  objects  of  this  Act,  who  shall  hold  their 
offices  nntil  such  time  as  a  board  of  directors  shall  be  chosen. 

Sect.  9.  The  expenses  heretofore  incurred  in  making  surveys, 
and  accomplishing  other  purposes  in  relation  to  said  railroad,  and 
suitable  compensation  for  time  and  expense  in  procuring  thirs  Act, 
the  claims  being  first  audited  and  allowed  by  the  directors,  shall 
constitute  a  valid  charge  against  the  corporation,  in  discharge  of 
assessments  on  shares. 

Sect.  10.  This  corporation  shall  hold  and  enjoy  the  privileges 
and  franchises  herein  granted,  subject  to  the  laws  in  relation  to 
railroads,  as  they  now  stand  or  shall  hereafter  be  enacted  by  the 
legislature  of  this  State. 

Sect.  11.  The  legislature  may  alter,  amend,  or  modify  the  pro- 
visions of  this  Act  for  good  cause ;  or  may  repeal  the  same  for  a 
violation  of  its  charter,  in  each  case  notice  being  given,  and  an 
opportunity  to  be  heard. 

Sect.  12.  This  Act  shall  take  effect  upon  the  passage  thereof. 
Approved^  July  8,  1846. 


NEW   HAMPSHIRE. 


501 


La-ws  of  1848,  Chap.  777. 
An  Act  to  unite  the  Franklin  and  Bristol  Railroad  -nitli  the  Northern  Railroad. 

Sect.  1.  Be  it  enacted,  <^c.  That  the  Franklin  and  Bristol  Rail- 
road is  hereby  authorized  to  unite  with  the  Northern  Railroad,  and 
become  a  part  of  the  same ;  and  on  such  union,  by  the  adoption 
of  this  Act  as  hereinafter  provided,  the  capital  stock  of  said  Frank- 
lin and  Bristol  Railroad  shall  be  added  to  and  become  a  part  of 
the  capital  stock  of  said  Northern  Railroad,  the  increase  of  which 
by  the  same  amount  is  hereby  authorized,  and  the  stockholders  of 
said  Franklin  and  Bristol  Railroad  shall  become  stockholders  of 
said  Northern  Railroad,  with  all  the  same  rights  and  privileges  of 
the  other  stockholders  in  said  Northern  Railroad,  and  said  North- 
ern Railroad  shall  acquire,  hold,  and  enjoy  all  the  franchises,  pro- 
perty, powers,  and  privileges  granted  to  or  acquired  by  said  Frank- 
lin and  Bristol  Railroad,  and  become  subject  to  all  the  duties  and 
liabilities  of  the  same. 

Sect.  2.  This  Act  shall  become  and  be  void,  unless  the  union  of 
said  corporations,  authorized  hereby,  shall  be  effected  as  herein 
provided,  before  the  first  day  of  June,  A.  D.  1849. 

Sect.  3.  This  Act  shall  take  effect  when  the  same  shall  have 
been  accepted  and  adopted  by  said  corporations  respectively,  at 
meetings  of  the  stockholders  thereof,  duly  called  for  that  purpose. 
Appi'oved,  Jammry  1,  1849. 


SALISBURY   AXD    EAST  KINGSTON   RAILROAD    COMPANY. 

INCORPORATED    IN    NEW    HAMPSHIRE    IN    1846. 

Chapter  397  of  the  Private  Acts  of  1846  contains  the  Charter. 

Sect.  1  grants  corporate  powers,  according  to  chapter  142  of  the  Revised  Statutes, 
and  describes  the  route,  authorizing  them  to  use  one  or  more  tracks  on  their  road 
to  some  point  on  the  Boston  and  Maine  Railroad. 

Sect.  2  limits  the  capital  stock  to  500  shares,  and  the  assessments  to  $100  on  each 
share  ;  it  authorizes  the  Company  to  sell  or  lease  the  whole  or  any  part  of  their 
road  to  the  Boston  and  Maine  Railroad  Company,  and  in  that  event  said  Company 
shall  assume  the  rights  of  this  Company. 


502         SALISBURY   AND   EAST   KINGSTON   RAILROAD    COMPANY. 

Sect.  3  provides  that,  if  the  location  bo  not  filed  within  two  years,  or  the  road  com- 
pleted, with  at  least  one  track,  within  three  years,  this  Act  shall  be  void. 

Sect.  4  enacts  that,  if  no  arrangement  be  effected  as  afoi-esaid,  this  Company  shall 
have  the  right  to  enter,  with  their  road,  upon  the  Boston  and  Maine  Railroad,  by 
payuig  such  rates  of  toll  as  the  Legislature  may  prescribe,  and  complying  with  the 
regulations  of  said  Company. 

Sect.  5  reserves  to  the  Legislature  the  power  to  alter  or  repeal  this  Act,  after  due 
notice  to  the  Corporation  and  a  hearing. 

Chapter  663  of  the  Private  Acts  of  1848  contains  an  Act  in  addition  to  said  Act. 

Sect.  1  repeals  Section  3  of  said  Act,  and  continues  in  force  the  residue  thereof;  but 
if  the  location  be  not  filed  within  three  years  from  this  time,  or  if  the  road  be  not 
completed,  as  described  in  Section  1  of  said  Act,  with  one  track,  within  four  years 
herefrom,  this  and  the  aforesaid  Act  shall  be  void. 

Sect.  2  provides  that  the  Legislature  may  have  the  power  to  alter  or  repeal  this  Act. 

Sect.  3  directs  that  this  Act  shall  take  effect  from  its  passage. 


Laws  op  1846,  Chap.  397. 
An  Act  to  establish  the  Salisbury  and  East  Kingston  Railroad  Company. 

Sect.  1.  Be  it  enacted^  <^c.  That  John  Gale,  Moses  Eaton,  Jr., 
and  Aaron  Eaton,  their  associates  and  successors,  are  hereby  made 
a  corporation  by  the  name  of  the  SaUsbury  and  East  Kingston 
Railroad  Company,  with  all  the  powers  and  privileges,  and  sub- 
ject to  all  the  duties,  liabilities,  and  provisions,  contained  in  the 
142d  chapter  of  the  Revised  Statutes.  And  the  said  corporation  is 
hereby  authorized  and  empowered  to  locate,  construct,  and  finally 
complete  a  railroad,  with  one  or  more  tracks  from  some  point  on 
the  boundary  line  between  the  State  of  New  Hampshire,  and  the 
Commonwealth  of  Massachusetts,  in  the  town  of  South  Hampton, 
near  Jewell's  mills  (so  called)  in  South  Hampton,  thence  running 
a  northerly  direction,  near  the  banks  of  the  Powow  River,  to  some 
point  or  place  at  the  Boston  and  Maine  Railroad  in  the  town  of 
East  Kingston. 

Sect.  2.  The  capital  stock  of  said  railroad  company  shall  con- 
sist of  not  more  than  five  hundred  shares,  the  number  of  which 
shall  be  determined,  from  time  to  time,  by  the  directors  thereof, 
and  no  assessment  shall  be  laid  thereon  of  a  greater  amount  in  the 
whole  than  one  hundred  dollars  on  each  share.  And  the  said  cor- 
poration may  purchase  and  hold  such  real  estate,  on  the  line  and 
at  the  termination  of  said  road,  and  such  materials,  cars,  engines, 


NEW  HAMPSHIRE.  503 

and  other  things,  as  may  be  necessary  for  depots  for  the  use  of 
said  road,  and  for  the  transportation  of  persons,  goods,  and  mer- 
chandise. And  the  said  corporations  may  make  such  arrange- 
ments with  the  Boston  and  Maine  Raih'oad,  either  by  the  sale  or 
transfer  of  the  whole,  or  part  of  the  franchise  hereby  granted,  or 
by  the  sale  or  lease  of  the  whole  or  part  of  said  road,  as  may  be 
mutually  agreed  on  by  the  directors  of  said  corporations  ;  and  in 
such  case  said  Boston  and  Maine  Railroad  may  transport  passen- 
gers and  property  on  said  Salisbury  and  East  Kingston  Railroad, 
with  the  same  privileges  as  upon  the  residue  of  their  line. 

Sect.  3.  If  the  location  of  said  railroad  be  not  filed  in  the  office 
of  the  secretary  of  state  within  two  years ;  or  if  said  company  shall 
not  complete  said  road,  to  the  extent  provided  for  in  the  first  sec- 
tion of  this  Act  with  at  least  one  track,  within  three  years  from 
the  date  of  the  same,  then  this  Act  shall  be  null  and  void. 

Sect.  4.  In  case  no  agreement  for  the  sale  or  lease  of  said  rail- 
road to  the  Boston  and  Maine  Railroad  be  effected,  as  provided  for 
in  the  second  section  of  this  Act,  the  Salisbury  and  East  Kingston 
Railroad  are  hereby  authorized  to  enter  with  their  railroad,  upon 
such  part  of  the  Boston  and  Maine  Railroad  in  East  Kingston  as 
shall  be  deemed  most  expedient,  paying  for  the  right  to  use  the 
same,  or  any  part  thereof,  such  a  rate  of  toll  as  the  legislature  may 
from  time  to  time  prescribe,  and  complying  with  such  rules  and 
regulations  as  may  be  established  by  the  directors  of  said  Boston 
and  Maine  Railroad. 

Sect.  5.  The  legislature  may  alter,  amend,  or  repeal  this  Act, 
for  good  cause  assigned,  and  upon  due  notice  ;  affording  a  suffi- 
cient opportunity  to  be  heard,  and  not  otherwise.  Apjiroved,  July 
10,  1S46. 


Laws  of  1848,  Chap.  663. 

An  Act  to  extend  tlie  Act  to  establish  the  Salisbury  and  East  Kingston  Railroad 

Company. 

Sect.  1.  Be  it  enacted,  6)'c.  That  the  third  section  of  the  Act 
entitled  "  An  Act  to  establish  the  Salisbury  and  East  Kingston 
Railroad  Company,"  enacted  in  the  year  of  our  Lord  one  thousand 
eight  hundred  and  forty-six,  be  and  the  same  is  hereby  repealed,  and 
the  residue  of  said  Act  is  hereby  continued  in  force,  any  thing  in  said 
section  contained  to  the  contrary  notwithstanding  :  provided,  hoio- 


504  MANCHESTER   AND    LAWRENCE   RAILROAD. 

ever,  that  if  the  location  of  said  railroad  be  not  filed  in  the  office  of  the 
secretary  of  state  within  three  years  from  the  passage  of  this  Act, 
or  if  said  company  shall  not  complete  said  road,  to  the  extent  pro- 
vided for  in  the  first  section  of  the  Act  to  which  this  is  in  addition, 
with  at  least  one  track,  within  four  years  from  the  passage  of  this 
Act,  then  this  Act,  and  the  Act  to  which  this  Act  is  in  addition, 
shall  be  null  and  void. 

Sect.  2.  This  Act,  and  the  Act  to  which  this  is  in  addition,  may 
be  altered,  amended,  or  repealed,  whenever  in  the  opinion  of  the 
legislature  the  public  good  may  require  such  alteration,  amend- 
ment, or  repeal. 

Sect.  3.  This  Act  shall  take  effect  and  be  in  force  from  and 
after  its  passage.     Approved,  June  23,  1848. 


MANCHESTER   AND   LAWEENCE   RAILEOAD. 

INCORPORATED    IN    NEW    HAMPSHIRE    IN    1847. 
Chapter  549  of  the  Private  Acts  of  1847  contains  the  Charter. 

Sect.  1  grants  corporate  powers. 

Sect.  2  describes  the  location,  and  authorizes  them  to  enter  upon  and  use  the  Con- 
cord Raih-oad,  by  paying  therefor  such  rates  of  toll  as  the  legislature  may  pre- 
scribe, and  complying  with  the  rules  of  said  Concord  Railroad  Company;  it 
restricts  the  right  to  hold  real  estate,  exclusive  of  that  within  the  limits  of  the  road 
and  for  its  construction,  to  5  per  cent,  on  the  capital  stock. 

Sect.  3  empowers  this  Company  to  purchase  or  hire,  and  use,  under  the  laws  of 
Massachusetts,  any  railroad  property  and  real  estate,  necessary  for  their  purposes, 
between  the  line  of  the  State  and  Merrimac  River  in  Lawrence  in  said  State. 

Sect.  4  divides  the  capital  stock  into  not  less  than  5000  nor  more  than  8000  shares, 
vests  the  government  in  seven  directors,  and  provides  for  the  choice  of  officers. 

Sect.  5  grants  a  toll,  provided  they  pay  into  the  State  treasury,  each  year,  the 
excess  of  the  net  income  of  the  road  over  10  per  cent,  on  its  cost. 

Sect.  6  defines  the  powers  and  duties  of  the  officers,  and  authorizes  making  equal 
assessments,  not  exceeding  $100  on  each  share,  a  sale  of  shares  for  nonpajTuent 
of  assessments,  after  notice,  and  creating  new  shares,  if  necessary,  to  be  equally 
distributed  among  the  original  stockholders. 

Sect.  7  establishes  the  manner  of  crossing  any  private  way,  highway,  canal,  or  turn- 
pike, giving  any  party  aggrieved  a  right  of  action  within  two  years  from  the  time 
of  the  obstruction ;  requires  that  they  make  alterations,  necessary  in  the  opinion 
of  the  county  commissioners,  in  crossing  any  liighway  or  turnpike,  at  the  request 
of  the  Selectmen  of  any  town  or  the  proprietors  of  anyturnijike,  in  neglect  or  refu- 
sal of  which  they  shall  be  liable  to  damages  ;  and  requires  that  they  maintain  a 
bridge  over  a  highway  wliich  they  cross  or  intersect,  and  maintain  all  other 
bridges,  in  default  thereof  being  liable  for  damages. 


NEW    HAMPSHIRE.  505 

Sect.  8  provides  that,  if  the  Corporation  be  not  organized,  and  shall  not  have 
expended  $100,000  towards  its  construction  before  December  1,  18-18,  this  Act 
shall  be  void ;  and  that  it  shall  be  void  as  to  every  part  of  the  road,  not  completed 
and  fit  for  use  before  December  1,  1855. 

Sect.  9  enacts  that  the  State  may,  after  twenty  years  from  the  completion  of  the  road 
and  while  its  charter  exists,  purchase  the  franchise  and  property  of  this  Company, 
by  paying  the  cost  of  the  road,  and  such  sum,  as  with  the  net  income,  shall  equal 
10  per  cent,  on  the  cost,  from  the  time  of  payment  of  subscriptions  to  the  capital 
stock. 

Sect.  10  directs  the  mode  of  organization  and  the  time  of  the  annual  meeting. 

Sect.  1 1  grants  to  any  Corporation,  on  whose  road  this  may  enter,  the  right  to  enter 
upon  and  use  tliis  road,  on  the  same  terms  and  in  the  same  manner. 

Sect.  12  reserves  to  the  Legislature  the  right  to  alter  or  repeal  this  Act. 

Sect.  13  directs  that  it  shall  take  effect  from  its  passage. 


Laws  of  1847,  Chap,  549. 
An  Act  to  incorporate  the  Manchester  and  Lawrence  Railroad. 

Sect.  1.  Be  it  enacted,  Sec.  That  Robert  Mack,  James  Thorn, 
Samuel  W.  Simpson,  John  L.  Clendenin,  Ira  Perley,  Greenleaf 
Clarke,  James  U.  Parker,  Benjamin  Eastman,  Samuel  D.  Bell, 
John  N.  Anderson,  Edward  Crane,  Timothy  Farrer,  Jonathan  T. 
P.  Hunt,  Herman  Foster,  John  A.  Richardson,  Peter  Clark,  James 
Hay  ward,  Isaac  Thom,  and  Thomas  Patterson,  their  successors, 
associates,  and  assigns,  be,  and  they  hereby  are  made  a  body  cor- 
porate, by  the  name  of  the  Manchester  and  Lawrence  Railroad, 
with  all  the  rights  and  privileges,  liabilities  and  duties,  by  the  laws 
of  this  State  incident  to  raih'oad  corporations,  and  necessary  and 
proper  to  carry  into  effect  the  purposes  of  this  Act. 

Sect.  2.  The  said  corporation  is  hereby  authorized  and  em- 
powered to  locate,  build,  and  maintain  a  railroad  not  exceeding  six 
rods  in  width,  with  necessary  additions  for  cuttings  and  embank- 
ments, from  the  State  line  in  Salem  to  any  point  on  the  Concord 
Railroad  in  the  city  of  Manchester  and  the  intermediate  towns,  and 
to  enter  upon  the  Concord  Railroad,  paying  for  the  right  to  use  the 
same,  or  any  part  thereof,  such  a  rate  of  toll  as  the  legislature  may 
from  time  to  time  prescribe,  and  complying  with  such  rules  and 
regulations  as  may  be  established  by  said  Concord  Railroad  Corpo- 
ration, subject  to  the  revision  of  the  legislature :  Provided,  said 
corporation  shall  hold  no  more  land  in  this  State,  exclusive  of 
what  is  within  the  limits  of  their  road,  and  necessary  for  procur- 
ing stones,  sand,  and   gravel,  and   for  machine  shops  and  depot 

43 


506  MANCHESTER   AND    LAWRENCE    RAILROAD. 

accommodations,  than  shall  be  worth,  at  the  time  of  its  purchase, 
five  per  cent,  on  their  capital  stock. 

Sect.  3.  The  said  corporation  is  hereby  authorized  and  em- 
powered to  purchase,  hire,  or  otherwise  procure,  own,  and  use, 
agreeably  to  the  laws  of  the  Commonwealth  of  Massachusetts,  such 
railroad  property,  real  estate,  rights,  and  privileges,  between  the 
said  line  of  the  State  and  Merrimac  River,  in  Lawrence,  Massa- 
chusetts, as  may  be  necessary  and  convenient  for  the  transaction 
of  the  business  of  their  railroad,  and  for  the  transportation  of  pas- 
sengers and  merchandise,  between  the  same  and  the  said  town  of 
Lawrence  and  places  beyond. 

Sect.  4.  The  capital  stock  of  said  corporation  shall  consist  of 
not  less  than  five  thousand,  nor  more  than  eight  thousand  shares, 
and  the  immediate  government  and  direction  of  the  affairs  of  the 
corporation  shall  be  vested  in  a  board  not  exceeding  seven  direct- 
ors, chosen  by  the  members  of  said  corporation,  at  their  annual 
meeting,  who  shall  hold  their  offices  until  others  are  duly  elected 
and  qualified  to  act  in  their  stead,  and  the  said  directors  shall  elect 
one  of  their  number  to  be  president  of  the  board  and  of  the  corpo- 
ration ;  they  shall  also  choose  a  clerk,  who  shall  also  be  clerk  of 
the  corporation,  and  sworn  to  the  faithful  performance  of  his  duties  ; 
a  treasurer,  who  shall  give  bond,  with  sureties,  to  their  satisfac- 
tion, for  the  faithful  performance  of  his  trust,  and  such  other  offi- 
cers, agents,  and  servants  as  they  may  deem  expedient,  fix  their 
salaries,  and  generally  shall  have  and  exercise  all  the  powers  of  the 
corporation,  for  carrying  into  effect  the  purposes  and  objects  of  this 
Act. 

Sect.  5.  A  toll  is  hereby  granted  to  the  corporation  for  their 
benefit,  and  all  passengers  and  property  which  may  be  transported 
by  said  corporation,  at  such  rates  as  may  from  time  to  time  be 
agreed  upon  by  the  directors :  Provided,  that  in  any  and  every 
year,  when  the  net  receipts  from  the  use  of  said  road  shall  exceed 
the  average  of  ten  per  cent,  per  annum  from  the  commencement  of 
their  operations,  the  excess  shall  be  paid  into  the  treasury  of  the 
State,  until  otherwise  ordered  by  the  legislature. 

Sect.  6.  The  president  and  directors  for  the  time  being  are  au- 
thorized and  empowered,  by  themselves  or  their  agents,  to  exer- 
cise all  the  powers  hereby  granted  to  the  corporation,  for  the  pur- 
pose of  constructing  and  completing  their  railroad,  and  for  the 
transportation  of  persons,  goods,  and  merchandise  thereon,  and  all 
such  other  power  and  authority  for  the  management  of  the  affairs 


NEW    HAMPSHIRE.  507 

of  the  corporation,  not  heretofore  granted,  as  may  be  necessary 
and  proper  to  carry  into  effect  the  object  of  this  grant;  to  purchase 
land,  materials,  engines,  cars,  depot  buildings,  machine  shops,  and 
other  things,  in  the  name  of  the  corporation,  for  the  use  of  the  rail- 
road and  the  transportation  of  persons,  goods,  and  merchandise  ;  to 
make  such  equal  assessments  from  time  to  time  on  all  the  shares 
in  said  corporation,  as  they  may  deem  expedient  and  necessary  in 
the  execution  and  progress  of  the  work,  and  direct  the  same  to  be 
paid  to  the  treasurer  of  the  corporation,  and  the  treasurer  shall 
give  notice  of  said  assessments.  And  if  any  subscriber  shall 
neglect,  for  sixty  days  after  such  notice,  to  pay  his  assessment, 
the  directors  may  order  the  treasurer  to  sell  his  share  or  shares  at 
public  auction,  due  notice  thereof  being  given,  to  the  highest  bid- 
der, and  the  same  shall  be  transferred  to  the  purchaser,  and  such 
subscriber  shall  be  entitled  to  the  surplus,  if  any  there  be ;  pro- 
vided^ no  assessment  shall  be  laid  on  any  share,  for  any  greater 
amount  than  one  hundred  dollars,  in  the  v/hole,  on  each  share. 
And  if  any  greater  amount  of  money  shall  be  necessary  to  com- 
plete said  railroad,  it  shall  be  raised  by  creating  new  shares,  giv- 
ing to  the  stockholders  in  the  corporation  the  right  to  take  said 
shares,  in  proportion  to  the  shares  by  them  respectively  owned  in 
said  corporation. 

Sect.  7.  If  the  said  railroad  shall  in  the  course  thereof,  inter- 
sect or  cross  any  private  way,  the  said  corporation  shall  so  con- 
struct said  railroad  as  not  to  obstruct  the  safe  and  convenient  use 
of  said  private  way  ;  and  if  said  railroad  shall  not  be  so  construct- 
ed, the  owner  of  said  private  way  shall  be  entitled  to  his  reason- 
able damages  for  said  injury,  to  be  recovered  by  action  on  the 
case,  to  be  commenced  within  two  years  from  such  obstruction, 
and  not  afterwards.  And  if  said  railroad  shall,  in  the  course  thereof, 
intersect  or  cross  any  canal,  turnpike,  road,  or  other  public  high 
way,  the  said  railroad  shall  be  so  constructed  as  not  to  obstruct 
the  safe  and  convenient  use  of  such  canal,  turnpike,  road,  or  other 
highway;  and  the  said  corporation  shall  have  power  to  raise  or 
lower  such  turnpike,  road,  highway,  or  private  way,  so  that  the 
railroad  may  pass  over  or  under  the  same ;  and  if  said  corporation 
shall  raise  or  lower  such  turnpike,  road,  or  highway,  and  shall  not 
so  raise  or  lower  the  same  as  to  be  satisfactory  to  the  proprietors  of 
such  turnpike,  road,  or  to  the  selectmen  of  the  towns  in  which  said 
highway  is  situated,  as  the  case  may  be,  said  proprietors  or  select- 
men may  require,  in  writing,  of  said  corporation,  such  amendment 


508  MANCHESTER   AND    LAWRENCE    RAILROAD. 

or  alteration  as  they  may  think  necessary.  And  if  the  amendment 
or  alteration  be  reasonable  and  proper,  in  the  written  opinion  of 
the  road  commissioners  for  the  county  in  which  such  amendment 
or  alteration  is  proposed,  and  the  said  corporation  shall  unreason- 
ably and  unnecessarily  neglect  to  make  the  same,  said  proprie- 
tors or  selectmen,  as  the  case  may  be,  may  proceed  to  make  such 
alterations  or  amendments,  and  may  institute  and  prosecute  to  final 
judgment  and  execution  an  action  on  the  case  against  such  cor- 
poration, and  shall  therein  recover  reasonable  damages  for  all 
charges,  disbursements,  labor,  and  services  occasioned  by  making 
such  alterations  and  amendments,  with  costs  of  suit.  And  said 
corporation  shall  constantly  maintain  in  good  repair  all  bridges, 
with  their  abutments  and  embankments,  which  it  may  construct  for 
the  purpose  of  conducting  said  railroad  over  any  canal,  turnpike, 
road,  highway,  or  private  way,  or  for  conducting  the  same  over 
said  railroad,  and  in  default  thereof,  shall  be  liable,  in  an  action 
on  the  case,  to  respond  in  damages  to  any  party  aggrieved  ;  and  if 
it  shall  be  necessary  to  alter  the  course  of  any  turnpike,  road,  or 
other  highway,  where  the  said  railroad  may  run  upon  or  near  the 
same,  or  for  the  purpose  of  avoiding  or  facilitating  the  crossing 
thereof,  such  turnpike,  road,  or  highway  may  be  so  altered,  with 
the  approbation  of  the  road  commissioners  for  the  county,  pro- 
vided such  alteration  will  not,  in  their  opinion,  essentially  injure 
said  way. 

Sect.  8.  If  the  said  corporation  shall  not  have  been  organized, 
and  have  expended  the  sum  of  one  hundred  thousand  dollars 
towards  the  construction  of  said  railroad,  before  the  first  day  of 
December,  in  the  year  of  our  Lord  one  thousand  eight  hundred 
and  forty-eight,  this  Act  shall  be  void  ;  and  this  Act  shall  be  void 
as  to  any  and  every  portion  of  said  railroad,  which  shall  not  be 
completed  and  fit  for  use  on  or  before  the  first  day  of  Decem- 
ber, in  the  year  of  our  Lord  one  thousand  eight  hundred  and  fifty- 
five. 

Sect.  9.  The  State,  at  any  time  during  the  charter  of  the  Man- 
chester and  Lawrence  Corporation,  after  the  expiration  of  twenty 
years  from  the  time  of  the  completion  of  said  road,  may  purchase 
the  same  of  said  corporation,  and  all  the  franchise,  rights,  and  priv- 
ileges of  said  corporation,  by  paying  them  therefor  the  amount 
expended  in  making  said  road,  and,  in  case,  at  the  time  of  the  pur- 
chase, the  said  corporation  shall  not  have  received  a  net  income 
equal  to  ten  per  cent,  per  annum,  on  the  amount  of  such  expend- 


NEW   HAMPSHIRE.  509 

iture  from  the  time  of  the  payment  thereof  by  the  stockholders, 
by  paying  said  corporation  such  additional  sum  as,  together  with 
the  tolls  and  profits  of  every  kind  which  they  shall  have  received 
from  said  railroad,  will  be  equal  to  a  net  profit  of  ten  per  cent,  per 
annum  on  the  cost  of  said  road,  from  the  time  of  payment  thereof 
by  the  stockholders,  to  the  time  of  purchase. 

Sect.  10.  Samuel  D.  Bell,  James  U.  Parker,  and  Herman  Fos- 
ter, or  either  two  of  them,  shall  call  the  first  meeting  of  the 
grantees,  by  giving  personal  notice  thereof,  or  by  advertising  the 
same  three  weeks  successively  in  a  newspaper  printed  in  Manches- 
ter. The  annual  meeting  of  the  corporation  for  the  choice  of 
directors  shall  be  holden  at  such  time  and  place,  in  this  State,  as 
may  be  provided  by  the  by-laws,  and  the  directors  may  call  special 
meetings  of  the  corporation,  whenever  they  shall  deem  it  expedi- 
ent, giving  such  notice  as  the  by-laws  may  direct. 

Sect.  11.  Any  railroad  corporation  whose  road  may  be  entered 
upon  and  used  by  the  corporation  hereby  created,  shall  have  the 
right  to  enter  upon  and  use  the  said  Manchester  and  Lawrence 
railroad,  in  like  manner  as  is  herein  provided  for  entering  upon 
and  using  such  other  road,  by  said  Manchester  and  Lawrence  road, 
and  subject  to  similar  terms  and  regulations. 

Sect.  12.  The  legislature  may  alter,  amend,  or  repeal  this  char- 
ter, or  any  of  its  provisions. 

Sect.  13.  This  Act  shall  be  in  force  from  its  passage.  Appro- 
ved^ June  30,  1847. 


COCHECO   RAILROAD    COMPANY. 

INCORPORATED    IN    NEW    HAMPSHIRE    IN    1847. 

Chapter    550   of    the   Laws    of    1847    contains   the    Charter. 

Sect.  1  grants  corporate  powers,  restricting  the  right  to  hold  real  estate,  exclusive 
of  that  withLa  the  limits  of  the  road  and  for  its  construction,  to  5  per  cent,  on  the 
capital  stock. 

Sect.  2  describes  the  route  to  the  line  of  the  Boston,  Concord,  and  Montreal  Rail- 
road. 

Sect.  3  divides  the  capital  stock  into  10,000  shares,  vests  the  government  in  seven 
Directors,  and  provides  for  the  choice  of  officers. 

Sect.  4  grants  a  toll,  provided  they  pay  into  the  State  treasury,  each  year,  the  excess 
of  the  net  income  of  the  road  over  10  per  cent,  on  its  cost. 
43* 


510  COCHECHO   RAILROAD    COMPANY.. 

Sect.  5  defines  the  powers  and  duties  of  the  officers,  and  authorizes  making  equal 
assessments  not  exceeding  $100  on  each  share,  a  sale  of  shares  for  non-payment 
of  assessments,  after  notice,  and  creating  new  shares,  if  necessary,  to  be  distributed 
proportionally  among  the  original  stockholders. 

Sect.  6  establishes  the  manner  of  crossing  any  private  way,  highway,  canal,  or  turn- 
pike, giving  any  party  aggrieved  a  right  of  action  within  two  years  from  the  time 
of  the  obstruction  ;  requires  that  they  make  alterations,  necessary  in  the  opinion 
of  the  County  Commissioners,  in  crossing  any  highway  or  turnpike,  at  the  request 
of  the  Selectmen  of  any  town,  or  the  proprietors  of  any  turnpike,  in  neglect  or 
refusal  of  Avhich  they  shall  be  liable  to  damages  ;  and  requires  that  they  erect 
and  maintain  a  bridge  over,  or  gates  on  each  side  of,  a  highway  which  they  cross 
or  intersect,  and  maintain  all  other  bridges,  in  default  thereof  being  liable  for 
damages. 

Sect.  7  provides,  that  if  the  Company  be  not  organized  and  $100,000  expended  in 
its  construction  before  January  1,  1850,  this  Act  shall  be  void;  and  that  it  shall 
be  void  as  to  every  part  not  completed  and  fit  for  use  before  January  1,  1855  ;  it 
requires  them  to  provide  suitable  engines  and  cars,  and  run  them  each  way  at 
least  once  each  day,  Sundays  excepted. 

Sect.  8  appoints  the  time  of  the  annual  meeting,  when  Directors  shall  be  chosen, 
authorizes  them  to  call  special  meetings,  if  necessary,  and  directs  the  mode  of 
organization. 

Sect.  9  reserves  to  the  Legislature  the  power  to  alter  or  repeal  this  Act. 

Sect.  10  provides  that  this  Act  shall  take  eff'ect  from  its  passage. 


Laws  of  1847,  Chap.  550. 
An  Act  to  incorporate  the  Cochecho  Railroad  Company. 

Sect.  1.  Be  it  enacted^  ^^0.  That  Joseph  H.  Smith,  Andrew 
Peirce,  Charles  W.  Woodman,  Calvhi  Hale,  James  Farrington, 
John  McDufFee,  Jr.,  Simon  Chase,  J.  D.  Stiirtevant,  N.  D.  Wet- 
more,  Benjamin  Barker,  George  L.  Whitehouse,  George  H.  Tit- 
comb,  and  Richard  Kimball,  their  associates,  successors,  and 
assigns,  shall  be  and  hereby  are  made  a  body  politic  and  corpo- 
rate, by  the  name  of  the  Cochecho  Railroad  Company,  and  by  that 
name  may  sue  and  be  sued,  prosecute  and  be  prosecuted  to  final 
judgment  and  execution,  and  are  hereby  vested  with  all  the  powers 
necessary  to  carry  into  effect  the  purposes  and  objects  of  this  Act ; 
but  shall  hold  no  more  real  estate  at  anyone  time,  exclusive  of  the 
land  purchased  for  the  road,  and  within  the  limits  thereof,  and  land 
purchased  to  procure  stone,  sand,  and  gravel,  than  shall  be  worth 
at  the  time  of  its  purchase,  five  per  cent,  of  the  capital  stock  of  the 
company. 

Sect.  2.  The  said  company  are  hereby  authorized  and  empow- 


NEW    HAMPSHIRE.  511 

ered  to  construct  and  complete  for  public  use,  and  keep  in  use,  a 
railroad,  beginning  at  any  point  in  Dover,  in  the  county  of  Straf- 
ford, and  running  thence  through  the  towns  of  Rochester,  Farm- 
ington,  and  such  other  towns  as  said  company  shall  find  it  most 
convenient  to  pass  through  to  the  line  of  the  Boston,  Concord,  and 
BTontreal  Railroad,  and  terminating  at  some  point  on  said  line  in 
the  towns  of  Gilford,  Meredith,  Centre  Harbor,  or  Holderness. 

Sect.  3.  The  capital  stock  of  said  corporation  shall  consist  of 
ten  thousand  shares ;  and  the  immediate  government  and  direction 
of  the  affairs  thereof  shall  be  vested  in  seven  directors,  who  shall 
be  chosen  by  the  members  or  stockholders  in  the  manner  herein- 
after provided,  and  shall  hold  their  offices  until  others  shall  be  duly 
elected  and  qualified  to  take  their  places  as  directors.  And  the 
said  directors,  a  majority  of  whom  shall  form  a  quorum  for  the 
transaction  of  business,  shall  elect  one  of  their  number  to  be  presi- 
dent of  the  board,  who  shall  also  be  president  of  the  company; 
and  they  shall  also  choose  a  clerk,  who  shall  be  sworn  to  the  faith- 
ful discharge  of  his  duty,  and  shall  also  be  clerk  of  the  company ; 
and  they  shall  have  authority  to  choose  a  treasurer,  who  shall  give 
bonds  to  the  corporation,  with  sureties  to  the  satisfaction  of  the 
directors,  in  a  sum  not  less  than  twenty  thousand  dollars,  for  the 
faithful  discharge  of  his  trust,  and  such  other  agents  and  servants 
as  shall  from  time  to  time  be  necessary. 

Sect.  4.  A  toll  is  hereby  granted  to  the  corporation  for  their 
benefit,  on  all  passengers  and  property  which  may  be  conveyed  on 
said  railroad,  at  such  rates  as  may  be  from  time  to  time  agreed  on 
by  the  directors ;  jprovided^  that  in  any  and  every  year  when  their 
net  receipts  shall  exceed  the  average  of  ten  per  cent,  per  annum 
from  the  commencement  of  their  operations,  the  excess  shall  be 
paid  into  the  treasury  of  the  State,  until  otherwise  directed  by  the 
legislature.  And  the  directors  are  hereby  authorized  to  erect  toll- 
houses, and  houses  for  the  deposit  of  merchandise,  and  demand 
and  receive  toll  upon  the  road  when  completed,  and  upon  such 
parts  thereof  as  shall  from  time  to  time  be  completed. 

Sect.  5.  The  president  and  directors  for  the  time  being  are 
hereby  authorized  and  empowered,  by  themselves  or  their  agents, 
to  exercise  all  the  powers  herein  granted  to  the  corporation,  for  the 
purposes  of  constructing  and  completing  said  railroad,  and  for  the 
transportation  of  persons,  goods,  and  merchandise  thereon,  and  all 
such  other  powers  and  authority  for  the  management  of  the  affairs 
of  the  corporation,  not  heretofore  granted,  as  may  be  necessary  and 


512  ^      COCHECHO   RAILROAD   COMPANY. 

proper  to  carry  into  effect  the  object  of  this  grant ;  to  purchase  lands, 
materials,  engines,  and  cars,  in  the  name  of  the  corporation,  for 
the  use  of  the  road  ;  to  make  such  equal  assessments  from  time  to 
time  on  all  the  shares  in  said  corporation,  as  may  be  necessary  in 
the  progress  of  the  work,  and  direct  the  same  to  be  paid  to  the  treas- 
urer of  the  corporation  ;  and  the  treasurer  shall  give  notice  of  such 
assessment ;  and  if  any  subscriber  shall  neglect,  for  sixty  days 
after  such  notice,  to  pay  his  assessment,  the  directors  may  order 
the  treasurer  to  sell  his  share  or  shares  at  public  auction,  to  the 
highest  bidder,  due  notice  thereof  being  previously  given,  and  the 
same  shall  be  transferred  to  the  purchaser ;  and  such  delinquent 
subscriber  shall  be  held  accountable  to  the  corporation  for  the  bal- 
ance, if  his  share  or  shares  shall  sell  for  less  than  the  assessments 
due  thereon,  with  interest  and  cost  of  sale;  and  shall  be  entitled 
to  the  overplus,  if  any  there  be;  provided^  that  no  assessment  shall 
be  laid  on  any  share  of  greater  amount  than  one  hundred  dol- 
lars, in  the  whole,  on  each  share.  And  if  a  greater  amount  of 
money  shall  be  necessary,  it  shall  be  raised  by  creating  new  shares ; 
giving  the  stockholders  the  right  to  take  such  new  shares,  in  pro- 
portion to  the  shares  by  ihem  respectively  owned  in  said  corpora- 
tion. 

Sect.  6.  If  the  said  railroad  in  the  course  thereof,  shall  inter- 
sect or  cross  any  private  way,  the  said  corporation  shall  so  con- 
struct said  railroad  as  not  to  obstruct  the  safe  and  convenient 
use  of  such  private  way ;  and  if  said  railroad  shall  not  be  so  con- 
structed, the  party  aggrieved  shall  be  entitled  to  his  action  on  the 
case ;  and  shall  recover  reasonable  damages  for  such  injury  ;  but 
no  action  shall  be  commenced  after  the  expiration  of  two  years 
from  such  obstruction.  And  if  said  railroad  shall  intersect  or  cross 
any  canal,  turnpike,  or  other  highway,  the  said  railroad  shall  be  so 
constructed  as  not  to  impede  or  obstruct  the  safe  and  convenient  use 
of  such  canal,  turnpike,  or  other  highway;  and  the  corporation  shall 
have  power  to  raise  or  lower  such  turnpike,  highway,  or  private 
way,  so  that  the  railroad,  if  necessary,  may  conveniently  pass 
under  or  over  the  same ;  and  if  said  corporation  shall  raise  or 
lower  any  such  turnpike,  highway,  or  private  way,  and  shall  not 
so  raise  or  lower  the  same  as  to  be  satisfactory  to  the  proprietors  of 
such  turnpike,  or  to  the  selectmen  of  the  town  wiierein  said  high- 
way or  private  way  may  be  situate,  as  the  case  may  be,  said  pro- 
prietors or  selectmen  may  require  in  writing  of  said  corporation, 
such  alteration  or  amendment  as  they  may  think  necessary.     And 


NEW  HAMPSHIRE.  513 

if  the  required  alteration  or  amendment  be  reasonable  and  proper, 
in  the  written  opinion  of  the  road  commissioners  for  the  county  in 
which  such  alteration  or  amendment  is  proposed,  and  the  said  cor- 
poration shall  mmecessarily  and  unreasonably  neglect  to  make  the 
same,  such  proprietors  or  selectmen,  as  the  case  may  be,  may  pro- 
ceed to  make  such  alterations  or  amendments,  and  may  institute 
and  prosecute  to  final  judgment  and  execution,  an  action  on  the 
case  against  said  corporation,  and  shall  therein  recover  reasonable 
damages,  for  all  charges,  disbursements,  labor,  and  services  occa- 
sioned by  making  such  alteration  or  amendments,  with  cost  of  suit. 
And  whenever  said  railroad  shall  intersect  or  cross  any  highway, 
the  board  of  road  commissioners  within  the  county,  on  notice  given 
and  hearing  had  for  that  purpose,  may  direct  that  such  place  of 
crossing  or  intersection  shall  be  secured  by  a  bridge  over  said 
road,  or  by  the  erection  of  gates  on  both  sides  of  said  road,  should 
either,  in  their  opinion,^  be  essential  to  tiie  public  safety;  and  such 
powers  shall  be  vested  solely  in  the  road  commissioners.  And  the 
said  company  shall  constantly  maintain  in  good  repair  all  bridges, 
with  their  abutments  and  embankments,  which  they  may  construct 
for  the  purpose  of  conducting  said  railroad  over  any  turnpike,  pri- 
vate way,  or  highway,  or  any  of  said  ways  over  said  railroad  ; 
and  in  default  thereof,  shall  be  liable,  in  an  action  on  the  case,  to 
respond  in  damages  to  any  party  aggrieved. 

Sect.  7.  Unless  said  company  shall  have  been  organized  and 
the  sum  of  one  hundred  thousand  dollars  shall  have  been  expended 
towards  the  construction  of  said  railroad,  before  the  first  day  of 
January,  one  thousand  eight  hundred  and  fifty,  this  Act  shall  be 
void.  And  this  Act  shall  be  null  and  void  as  to  any  and  every 
portion  of  said  railroad,  which  shall  not  be  completed  and  fit  for 
use  on  or  before  the  first  day  of  January,  one  thousand  eight  hun- 
dred and  fifty-five.  And  said  corporation  are  required  to  keep  said 
road  and  bridges  in  good  repair,  and  provide  suitable  and  proper 
engines  and  cars  for  the  conveyance  of  passengers  and  property 
over  the  road,  and  cause  the  said  engines  and  cars  to  be  run  each 
way  at  least  once  a  day,  Sundays  excepted,  to  accomodate  the 
public  travel  and  transportation,  except  when  prevented  by  una- 
voidable accidents  and  contingencies. 

Sect.  S.  The  annual  meeting  of  the  members  or  stockholders 
of  the  corporation  shall  be  held  on  the  day  prescribed  by  the 
by-laws,  and  at  such  place  as  the  directors  for  the  time  being  shall 
appoint,  or  as  the  by-laws  shall  prescribe,  at  which  meeting  the 


514  GOFFSTOWN    AND    MANCHESTER   RAILROAD    COMPANY. 

directors  shall  be  chosen  by  ballot.  The  directors  may  call  special 
meetings  of  the  stockholders  whenever  they  shall  deem  it  expedi- 
ent, giving  such  notice  as  the  corporation  by  their  by-laws  shall 
direct.  And  the  first  meeting  of  said  corporation,  may  be  called 
by  Joseph  H.  Smith,  Charles  W.  Woodman,  John  McDuffie,  jr., 
George  L.  Whitehouse,  and  Richard  Kimball,  or  any  three  of  them, 
by  a  notice  published  in  two  of  the  newspapers  printed  in  Dover, 
two  weeks  before  the  time  of  such  meeting ;  at  which  meeting 
associates  may  be  admitted,  by-laws  adopted,  and  a  president  and 
clerk,  and  such  other  officers,  agents,  and  committees  appointed, 
as  may  be  deemed  necessary  to  carry  into  effect  the  objects  of  this 
Act,  who  shall  hold  their  offices  no  longer  than  until  a  board  of 
directors  shall  be  chosen. 

Sect.  9.  The  legislature  may  alter,  amend,  or  repeal  this  Act, 
or  any  of  its  provisions,  whenever  the  public  good  may  require  it. 

Sect.  10.  This  Act  shall  take  effect  from  and  after  its  passage. 
Approved^  July  2,  1847. 


GOFFSTOTV^  AND   MAXCHESTER  RAILROAD   COMPANY. 

INCORPORATED    IN    NEW    HAMPSHIRE     IN    1847. 

Chapter  551  of  the  Laics  of  1847  contains  the  Charter. 

Sect.  1  grants  corporate  powers,  restricting  the  right  to  hold  real  estate,  exclusive 
of  that  within  the  limits  of  the  road,  and  for  its  construction,  to  5  per  cent,  on  the 
capital  stock. 

Sect.  2  describes  the  location,  authorizes  them  to  build  a  bridge,  for  their  sole  use, 
across  Merrimac  River,  so  as  not  to  obstruct  navigation,  and  requires  them  to  pro- 
vide suitable  engines  and  cars,  and  run  them  each  way  at  least  once  each  day, 
Sundays  excepted. 

Sect.  3  divides  the  capital  stock  into  4000  shares,  vests  the  government  in  seven 
Directors,  and  provides  for  the  choice  of  officers. 

Sect.  4  grants  a  toll,  proAided  they  pay  into  the  State  treasury,  each  year,  the  excess 
of  the  net  income  of  the  road  over  10  per  cent,  on  the  capital  stock. 

Sect.  5  defines  the  powers  and  duties  of  the  officers,  and  authorizes  making  equal 
assessments  not  exceeding  $100  on  each  share,  a  sale  of  shares  for  non-payment 
of  assessments,  after  notice,  and  creating  new  shares,  if  necessary,  to  be  distributed 
proportionally  among  the  original  stockholders. 

Sect.  6  establishes  the  mode  of  crossing  any  private  way,  highway,  canal,  or  turnpike, 
giving  anj'  party  aggrieved  a  right  of  action  within  two  years  from  the  time  of  the 
obstruction ;  requires  that  they  make  alterations,  necessary  in  the  opinion  of  the 
Couinty  Commissioners,  in  crossing  any  highway,  or  turnpike,  at  the  request  of 


NEW   HAMPSHIRE.  515 

the  Selectmen  of  any  to'wn,  or  the  proprietors  of  any  turnpike,  in  neglect  or 
refusal  of  which  they  shall  be  Uable  to  damages ;  and  requires  that  they  erect 
and  maintain  a  bridge  over,  or  gates  on  each  side  of,  a  highway  which  they  cross 
or  intersect,  and  maintain  all  other  bridges,  in  default  thereof  being  liable  to 
damages. 

Sect.  7  provides  that,  if  one  half  of  the  capital  stock  be  not  subscribed  for,  and  the 
Corporation  organized  before  December  1,  1851,  and  $50,000  expended  in  its  con- 
struction, this  Act  shall  be  void. 

Sect.  8  appoints  the  time  of  the  annual  meeting,  when  Directors  shall  be  chosen, 
authorizes  them  to  call  special  meetings,  if  necessary,  and  directs  the  mode  of 
organization. 

Sect.  9  directs  that  expenses  of  survey  and  for  other  purposes  relating  to  the  road 
shall,  when  audited,  constitute  a  charge  against  the  Corporation. 

Sect.  10  makes  this  Act  subject  to  the  general  laws  respecting  railroads  and  corpo- 
rations, and  authorizes  this  Company  to  enter  upon  and  use  any  railroad  at  Man- 
chester or  Goffstown,  by  paying  therefor  such  rates  of  toll  as  the  Legislature  may 
prescribe,  and  complying  with  the  regulations  of  such  road,  and  authorizes  such 
road  in  like  manner  to  enter  upon  and  use  this  road. 

Sect.  11  reserves  to  the  Legislature  the  power  to  alter  or  repeal  this  Act. 

Sect.  12  provides  that  this  Act  shall  take  effect  from  its  passage. 


Laws  op  1847,  Chap.  551. 
An  Act  to  incorporate  the  Goffstown  and  Manchester  Railroad  Company. 

Sect.  1.  Be  it  enacted,  tj'c.  That  .John  Smith,  Peter  E.  Hadley, 
Daniel  Steele,  Alonzo  F.  Carr,  Jesse  Carr,  William  Whittle, 
Rodney  G.  Stark,  George  W.  Parker,  George  Poor,  Joseph  Hadley, 
and  James  Eaton,  their  associates,  successors,  and  assigns,  shall 
be,  and  hereby  are,  made  a  body  politic  and  corporate,  by  the 
name  of  the  Goffstown  and  Mancliester  Railroad  Company,  and 
by  that  name  may  sue  and  be  sued,  prosecute  and  be  prosecuted 
to  final  judgment  and  execution,  and  are  hereby  vested,  with  all 
the  powers  necessary  and  proper  to  carry  into  effect  the  purposes 
and  objects  of  this  Act,  but  shall  hold  no  more  land,  at  any  one 
time,  exclusive  of  that  within  the  limits  of  the  road,  and  land 
purchased  to  procure  stone,  sand,  and  gravel,  than  shall  be  worth, 
at  the  time  of  its  purchase,  five  per  cent,  of  the  capital  stock  of 
the  company. 

Sect.  2.  The  said  company  are  hereby  authorized  and  empow- 
ered to  construct  and  finally  complete  for  public  use,  and  keep  in 
use,  a  railroad  from  the  west  village  in  Goffstown  to  the  city  of 
Manchester,  and  they  are  authorized  and  empowered  to  construct, 
for  the  sole  use  and  accommodation  of  the  travel  on  said  railroad,  a 


516  GOFFSTOWN   AND   MANCHESTER   RAILROAD    COMPANY. 

bridge  across  Merrimac  River,  provided  said  bridge  shall  be  so 
constructed  as  not  unnecessarily  to  obstruct  or  impede  the  naviga- 
tion of  said  river ;  and  said  corporation  are  required  to  keep  said 
railroad  and  bridge  in  good  repair,  and  provide  suitable  and  proper 
engines  and  cars,  for  the  conveyance  of  passengers  and  property 
over  the  road,  and  cause  the  said  engines  and  cars  to  be  run  each 
way  once  a  day,  Sundays  excepted,  to  accommodate  the  public 
travel  and  transportation,  except  when  prevented  by  unavoidable 
accidents  and  contingencies. 

Sect.  3.  The  capital  stock  of  said  corporation  shall  consist  of 
four  tliousand  shares,  and  the  immediate  government  and  direction 
of  the  affairs  thereof  shall  be  vested  in  seven  directors,  Avho  shall 
be  chosen  by  the  stockholders  or  members,  in  the  manner  herein- 
after provided,  and  shall  hold  their  offices  until  others  shall  be 
duly  elected  and  qualified  to  take  their  places  as  directors ;  and 
the  said  directors,  a  majority  of  whom  shall  form  a  quorum  for 
the  transaction  of  business,  shall  elect  one  of  their  own  number  to 
be  president  of  the  board,  who  shall  also  be  president  of  the  com- 
pany, and  they  shall  have  authority  to  choose  a  clerk,  who  shall 
be  sworn  to  the  faithful  discharge  of  his  duty,  and  shall  also  be 
clerk  of  the  company,  unless  they  shall  elect  some  other  person  to 
that  office,  and  they  shall  also  have  authority  to  choose  a  treas- 
urer, who  shall  give  bonds  to  the  corporation,  with  sureties  to  the 
satisfaction  of  the  directors,  in  a  sum  not  less  than  fifty  thousand 
dollars,  for  the  faithful  discharge  of  his  trust,  and  such  other 
agents  and  servants  as  shall  from  time  to  time  be  necessary. 

Sect.  4.  A  toll  is  hereby  granted  to  the  corporation,  for  their 
benefit  on  all  passengers  and  property,  which  may  be  conveyed 
on  said  railroad,  at  such  rates  as  may  be,  from  time  to  time, 
agreed  on  by  the  directors  :  Provided,  that  in  every  and  any  year, 
when  their  net  receipts  shall  exceed  the  average  of  ten  per  cent, 
per  annum,  from  the  commencement  of  their  operations,  the  excess 
shall  be  paid  into  the  treasury  of  the  State,  until  otherwise 
directed  by  the  legislature.  And  the  directors  are  hereby  author- 
ized to  erect  toll  houses,  and  houses  for  the  deposit  of  merchan- 
dise, and  demand  and  receive  toll  upon  the  road,  when  completed, 
and  upon  such  parts  thereof  as  shall  from  time  to  time  be  com- 
pleted. 

Sect.  5.  The  president  and  directors  for  the  time  being  are 
authorized  and  empowered,  by  themselves  or  their  agents,  to  exer- 
cise all  the  powers  herein  granted  to  the  corporation,  for  the  pur- 


NEW    HAMPSHIRE.  517 

pose  of  constructing  and  completing  said  railroad,  and  for  the 
transportation  of  persons,  goods,  and  merchandise  thereon,  and  all 
such  other  powers  and  authority  for  the  management  of  the  affairs 
of  the  corporation,  not  heretofore  granted,  as  may  be  necessary 
and  proper  to  carry  into  effect  the  object  of  this  grant,  to  purchase 
land,  materials,  engines,  cars,  and  other  necessary  things,  in  the 
name  of  the  corporation,  for  their  use,  on  the  line  of  the  road  and 
for  the  transportation  of  persons,  goods,  and  merchandise  ;  to  make 
such  equal  assessments,  from  time  to  time,  on  all  the  shares  in 
said  corporation,  as  they  may  deem  expedient  and  necessary,  in 
the  execution  and  progress  of  the  work,  and  direct  the  same  to  be 
paid  to  the  treasurer  of  the  corporation ;  and  the  treasurer  shall 
give  notice  of  said  assessments,  and  if  any  subscriber  shall  neg- 
lect, for  sixty  days  after  such  notice,  to  pay  his  assessment,  the 
directors  may  order  the  treasurer  to  sell  his  share  or  shares  at 
public  auction,  due  notice  thereof  being  given,  to  the  highest 
bidder,  and  the  same  shall  be  transferred  to  the  purchaser ;  and  such 
delinquent  subscriber  shall  be  held  accountable  to  the  corporation 
for  the  balance,  if  his  share  or  shares  shall  sell  for  less  than  the 
assessments  due  thereon,  with  interest  and  cost  of  sale,  and  shall 
be  entitled  to  the  overplus,  if  any  there  be :  Provided,  that  no 
assessment  shall  be  laid  on  any  share,  of  a  greater  amount  than 
one  hundred  dollars  in  the  whole  on  each  share,  and  if  a  greater 
amount  of  money  is  necessary,  it  shall  be  raised  by  creating  new 
shares,  giving  the  stockholders  in  the  corporation  the  right  to  take 
said  shares,  in  proportion  to  the  shares  by  them  respectively  owned 
in  said  corporation. 

Sect.  6.  If  said  railroad,  in  the  course  thereof,  shall  inter- 
sect or  cross  any  private  way,  the  said  corporation  shall  so  con- 
struct said  railroad  as  not  to  obstruct  the  safe  and  convenient  use 
of  such  private  way,  and  if  said  railroad  shall  not  be  so  con- 
structed, the  party  aggrieved  shall  be  entitled  to  his  action  on  the 
case,  and  shall  recover  reasonable  damages  for  such  injury;  but  no 
action  shall  be  commenced  after  the  expiration  of  two  years  from 
the  obstruction  aforesaid.  And  if  the  said  railroad  shall  in  the 
course  thereof,  intersect  or  cross  any  canal,  turnpike,  or  other  high- 
way, the  said  railroad  shall  be  so  constructed  as  not  to  injure  or 
obstruct  the  safe  and  convenient  use  of  such  canal,  turnpike,  or 
other  highway,  and  the  corporation  shall  have  the  power  to  raise  or 
lower  such  turnpike,  highway,  or  private  way,  so  that  the  railroad, 
if  necessary,  may  conveniently  pass  under  or  over  the  same ;  and 

44 


518  GOFFSTOWN   AND    MANCHESTER    RAILROAD    COMPANY. 

if  said  corporation  shall  raise  or  lower  any  such  turnpike,  highway, 
or  private  way,  and  shall  not  so  raise  or  lower  the  same  as  to  be 
satisfactory  to  the  proprietors  of  such  turnpike,  or  to  the  selectmen 
of  the  town  in  which  said  highway,  or  private  way,  may  be 
situated,  said  proprietors  or  selectmen  may  require,  in  writing,  of 
said  corporation  such  alteration  or  amendment  as  they  may  think 
necessary;  and  if  the  required  alteration  or  amendment  be  reasonable 
and  proper,  in  the  written  opinion  of  the  road  commissioners  for 
the  county  in  which  such  alteration  or  amendment  is  proposed,  and 
the  said  corporation  shall  unnecessarily  and  unreasonably  neglect 
to  make  the  same,  such  proprietors  or  selectmen,  as  the  case  may 
be,  may  proceed  to  make  such  alteration  or  amendment,  and  may 
institute  and  prosecute  to  final  judgment  and  execution,  any  action 
on  the  case  against  said  corporation,  and  shall  therein  recover 
reasonable  damages  for  all  charges,  disbursements,  labor,  and  ser- 
vices occasioned  by  making  such  alterations  or  amendments,  with 
costs  of  suit.  And  whenever  said  railroad  shall  intersect  or  cross 
any  highway,  the  board  of  road  commissioners  within  the  county, 
on  notice  given  and  hearing  had  for  this  purpose,  may  direct  that 
such  place  of  crossing  or  intersection  shall  be  secured  by  a  bridge 
over  said  road,  or  by  the  erection  of  gates  on  both  sides  of  said 
road,  should  either  in  their  opinion,  be  essential  to  the  public 
safety,  and  such  powers  shall  be  vested  solely  in  the  road  commis- 
sioners. And  the  said  company  shall  constantly  maintain,  in  good 
repair,  all  bridges  with  their  abutments  and  embankments  which 
they  may  construct,  for  the  purpose  of  conducting  said  railroad 
over  or  under  any  turnpike,  highway,  or  private  way,  or  for  con- 
ducting any  turnpike,  highway,  or  private  way,  over  or  under  said 
railroad,  and  in  default  thereof  shall  be  liable  in  an  action  on  the 
case,  to  respond  in  damages  to  any  party  aggrieved. 

Sect.  7.  Unless  one  half  of  the  capital  stock  above  specified 
shall  be  subscribed  for,  and  the  corporation  organized  before  the 
first  day  of  December,  Anno  Domini,  eighteen  hundred  and  fifty- 
one,  and  the  sum  of  fifty  thousand  dollars  shall  have  been  expended 
towards  the  construction  of  said  road,  this  Act  shall  be  null  and 
void. 

Sect.  8.  The  annual  meeting  of  the  members  and  stockholders 
of  the  corporation  shall  be  held  on  the  day  prescribed  by  the  by- 
laws, and  at  such  place  in  this  State  as  the  directors  for  the  time 
being  shall  appoint,  or  the  by-laws  prescribe,  at  which  meeting 
seven  directors  shall  be  chosen  by  ballot.     The  directors  may  call 


NEW  HAMPSHIRE.  519 

special  meetings  of  the  stockholders  whenever  they  deem  it  expe- 
dient, giving  such  notice  as  the  by-laws  prescribe.  John  Smith, 
Peter  E.  Hadley,  and  Daniel  Steele  may  call  the  first  meeting  of 
the  corporation,  by  publishing  a  notice  three  weeks  successively  in 
the  New  Hampshire  Patriot ;  at  which  meeting  associates  may  be 
admitted,  by-laws  adopted,  and  a  president  and  clerk,  and  such 
other  officers  and  agents  may  be  chosen  and  appointed  as  may  be 
deemed  necessary,  who  shall  hold  their  offices  only  until  a  board 
of  directors  shall  be  chosen. 

Sect.  9.  The  expenses  heretofore  incurred  in  making  surveys 
and  accomplishing  other  purposes  in  relation  to  said  railroad,  being 
audited  and  allowed  by  the  directors,  shall  constitute  a  valid 
charge  against  the  corporation. 

Sect.  10.  The  said  corporation  shall  hold  and  enjoy  the  privi- 
leges and  franchises  herein  granted,  subject  to  the  laws  in  relation 
to  corporations  and  railroads,  as  they  now  are  or  may  hereafter  exist 
in  this  State  ;  and  said  corporation  may  enter  upon  any  railroad 
which  is  or  may  be  at  Manchester  or  Goffstown,  and  run  over  the 
same,  paying  such  a  rate  of  toll  as  the  legislature  may  from  time 
to  time  prescribe,  and  complying  with  such  rules  and  regulations, 
as  may  be  established  by  the  railroad  corporation  over  whose  road 
this  company  wish  to  run;  and  any  railroad  corporation,  whose  road 
may  be  entered  upon  and  used  by  the  corporation  hereby  created, 
shall  have  the  right  to  enter  upon  and  use  the  said  Goffstown  and 
Manchester  Railroad,  in  like  manner  as  is  herein  provided  for  enter- 
ing upon  and  using  such  other  road  by  said  Goffstown  and  Man- 
Chester  Company,  and  subject  to  similar  terms  and  regulations. 

Sect.  11.  The  legislature  may  alter,  amend,  or  modify  the  pro- 
visions of  this  Act,  or  repeal  the  same,  or  any  of  its  provisions. 

Sect.  12.  This  Act  shall  take  effect  from  and  after  its  passage. 
Approved^  July  2,  1847. 


GRAFTON  RAILROAD. 

INCORPORATED  IN  NEW  HAMPSmRE  IN  1847. 
Chapter  552    of  the  Laics  of  1847  contains  the  Charter, 

Sect.  1  grants  corporate  powers,  restricting  the  right  to  hold  real  estate,  exclusive 
of  that  within  the  limits  of  the  road  and  for  its  construction,  to  5  per  cent,  on  the 
capital  stock. 


520  GRAFTON  RAILROAD. 

Sect.  2  describes  the  route,  and  authorizes  them  to  construct  a  bridge  across  Con- 
necticut River  so  as  not  to  obstruct  navigation  unnecessarily ;  it  requires  them  to 
keep  engines  and  cars  in  good  order,  and  run  them  each  way,  at  least  once  each 
day,  Sundays  excepted. 

Sect.  3  divides  the  capital  stock  into  5000  shares,  vests  the  government  in  seven 
Directors,  and  provides  for  the  choice  of  officers  :  it  authorizes  this  Company  to 
enter  -with  their  road  upon  the  Northern  Railroad,  and  to  transport  passengers 
and  freight  to  and  from  the  depots  of  the  Vermont  Central  Railroad,  by  paying 
therefor  such  rates  of  toll  as  the  Legislatme  may  prescribe,  and  complying  with 
the  regulations  of  said  Northern  Railroad  Corporation. 

Sect.  4  grants  a  toll,  provided  they  pay  into  the  State  treasury,  each  year,  the  excess 
of  the  net  income  of  the  road  over  10  per  cent,  on  its  cost. 

Seet.  5  defines  the  powers  and  duties  of  the  officers ;  it  authorizes  making  equal 
assessments,  not  exceeding  $100  on  each  share,  a  sale  of  shares  for  nonpajonent 
of  assessments,  after  notice,  and  creating  new  shares,  if  necessary,  to  be  distribu- 
ted proportionably  among  the  original  stockholders. 

Sect.  6  establishes  the  mode  of  crossing  any  private  way,  highway,  canal,  or  turn- 
pike, giving  any  party  aggrieved  a  right  of  action  within  two  years  from  the  time 
of  the  obstruction ;  requires  that  they  make  alterations,  necessary  in  the  opinion 
of  the  County  Commissioners,  in  crossing  any  highway  or  turnpike,  at  the  request 
of  the  Selectmen  of  any  tOAvn  or  the  proprietors  of  any  turnpike,  in  default  thereof 
being  liable  to  damages ;  and  requires  that  they  erect  and  maintain  a  bridge  over, 
or  gates  on  each  side  of,  a  highway  which  they  cross  or  intersect,  and  maintain  all 
other  bridges,  in  refusal  thereof  being  liable  for  damages. 

Seet.  7  provides  that,  if  one  half  of  the  capital  stock  be  not  subscribed  for,  and  the 
Corporation  organized  before  December  1,  1850,  and  $50,000  expended  before 
December  1,  1852,  this  Act  shall  be  void;  and  that  it  shall  be  void,  as  to  every 
part  of  the  road  not  completed  and  fit  for  use  before  December  1,  1854. 

Sect.  8  appoints  the  time  of  the  annual  meeting,  when  Directors  shall  be  chosen, 
authorizes  them  to  call  special  meetings,  if  necessary,  and  directs  the  mode  of 
organization. 

Sect.  9  directs  that  expenses  of  survey,  and  for  other  purposes  relating  to  the  road, 
shall,  when  audited,  constitute  a  charge  against  the  Corporation. 

Sect.  10  makes  this  Act  subject  to  the  general  laws  respecting  railroads  and  corpo- 
rations, and  directs  that  on  all  regular  tri^js,  cars  shall  be  run  mto  a  union  depot, 
to  be  built  at  Hartford,  in  the  State  of  Vermont,  by  the  Company  in  connection 
with  the  Northern  Railroad  in  New  Hampshire  and  the  Central  Railroad  in  the 
State  of  Vermont,  and  that  they  shall  there  receive  and  discharge  passengers  and 
freight ;  no  branch  railroad  shall  be  built  from  this  to  the  Northern  Railroad,  nor  any 
other  connection  made  with  it  than  is  specified  in  Section  3  of  this  Act,  except  by 
the  consent  of  the  Boston,  Concord,  and  Montreal  Railroad ;  and  if  any  of  these 
provisions  are  violated,  this  Act  shall  be  void. 
Sect.  1 1  provides  that  this  Act  shall  take  effect  when  the  Connecticut  and  Passump- 
sic  River  Railroad  Company,  ha%'ing  the  right  to  enter  upon  and  use  this  road 
on  terms  agreed  upon,  or  such  terms  as  the  Legislature  may  prescribe,  shall  give 
good  and  sufficient  bonds  to  the  Boston,  Concord,  and  Montreal  Railroad  in  this 
State,  that  they  shall  have  the  right  to  use  said  road  on  as  favorable  terms  as  this 
or  any  other  railroad  could  do  ;  imtil  these  provisions  are  complied  with,  this  Act 
shall  be  void. 

Sect.  12  reserves  to  the  Legislature  the  power  to  alter  or  repeal  this  Act. 


NEW    HAMPSHIRE.  521 

Laws  of  1847,  Chap.  552. 
An  Act  to  incorporate  the  Grafton  Railroad. 

Sect.  1.  Be  it  enacted,  lJ-c.  That  Leonard  Wilcox,  Edward  M. 
Bissell,  Arthur  Latham,  Daniel  Blaisdell,  David  C.  Churchill,  Wil- 
liam H.  Duncan,  Daniel  P.  Wheeler,  Bezar  Latham,  Abiathar  G. 
Britton,  William  Howard,  jr.,  Joseph  W.  Paterson,  George  S.  Ken- 
drick,  Elijah  Blaisdell,  Koswell  Startwell,  Augustus  O.  Brewster, 
and  Irenus  Hamilton,  their  associates,  successors,  and  assigns, 
shall  be  and  hereby  are  made  a  body  politic  and  corporate,  by  the 
name  of  the  Grafton  Railroad,  and  by  that  name  may  sue  and  be 
sued,  prosecute  and  be  prosecuted  to  final  judgment  and  execution, 
and  are  hereby  vested  with  all  the  powers  necessary  and  proper  to 
carry  into  effect  the  purposes  and  objects  of  this  Act ;  but  shall 
hold  no  more  real  estate  at  any  one  time,  exclusive  of  that  within, 
the  limits  of  the  road,  and  land  purchased  to  procure  stone,  sand, 
and  gravel,  than  shall  be  worth  five  per  cent,  of  the  capital  stock 
of  the  corporation. 

Sect.  2.  The  said  corporation  is  hereby  authorized  and  em- 
powered to  construct,  and  finally  complete  for  the  public  use,  and 
keep  in  use  a  railroad,  commencing  at  some  point  in  the  western 
boundary  of  this  State  in  the  town  of  Lebanon,  in  the  county  of 
Grafton,  and  running  thence  up  the  valley  of  the  Connecticut  River, 
and  within  two  miles  of  the  easterly  bank  of  said  river,  through 
said  Lebanon,  and  the  towns  of  Hanover,  Lyme,  and  Orford,  all  in 
said  county  of  Grafton,  to  a  like  point  in  the  western  boundary  of 
this  State,  in  said  Orford ;  and  the  said  corporation  is  hereby 
authorized  and  empowered  to  construct  a  bridge  or  bridges  across 
the  waters  of  the  Connecticut  River,  within  the  limits  of  this 
grant  ;  provided,  said  bridge  or  bridges  be  so  constructed  as  not 
unnecessarily  to  impede  the  navigation  of  said  river.  And  said 
corporation  is  hereby  required  to  keep  said  road  and  bridges  in 
good  repair,  and  provide  suitable  and  proper  engines  and  cars  for 
the  conveyance  of  passengers  and  property  over  said  road,  and 
cause  said  engines  and  cars  to  be  run  each  way  at  least  once  a  day, 
Sundays  excepted,  over  said  road,  to  accommodate  the  public  travel 
and  transportation,  except  when  prevented  by  unavoidable  casual- 
ties, accidents,  and  contingencies. 

44  * 


522  GRAFTON    RAILROAD. 

Sect.  3.  The  capital  stock  of  said  corporation  shall  consist  of 
five  thousand  shares ;  and  the  immediate  government  and  direc- 
tion of  the  affairs  thereof,  shall  be  vested  in  seven  directors,  who 
shall  be  chosen  by  the  members,  or  stockholders,  in  the  manner 
hereinafter  provided,  and  shall  hold  their  offices  until  others  shall 
be  duly  elected  and  qualified  to  take  their  places  as  directors.  And 
the  said  directors,  a  majority  of  whom  shall  forma  quorum  for  the 
transaction  of  business,  shall  elect  one  of  their  number  to  be  pre- 
sident of  the  board,  who  shall  also  be  president  of  the  corporation  ; 
and  they  shall  have  authority  to  choose  a  clerk,  who  shall  be  sworn 
to  the  faithful  discharge  of  his  duty ;  and  they  shall  also  have 
authority  to  choose  a  treasurer,  who  shall  give  bonds  to  the  corpo- 
ration, with  sureties  to  the  satisfaction  of  the  directors,  in  a  sum 
not  less  than  ten  thousand  dollars,  for  the  faithful  discharge  of  his 
trust ;  and  such  other  agents  and  servants  as  shall,  from  time  to 
time,  be  necessary.  The  said  corporation  shall  have  the  right  to. 
enter  with  their  railroad,  upon  the  Northern  Railroad,  at  any  con- 
venient point  within  thirty  rods  of  the  easterly  end  of  their  bridge 
across  the  Connecticut  River ;  and  to  use  said  road,  or  any  part 
thereof,  for  the  purpose  of  carrying  their  passengers  and  freight  to 
and  from  the  depot  or  depots  of  the  Vermont  Central  Railroad,  on 
the  westerly  side  of  the  Connecticut  River,  in  the  town  of  Hart- 
ford, and  State  of  Vermont;  paying  therefor  such  rates  of  toll  as 
the  legislature  may  from  time  to  time  prescribe,  or  as  may  be 
agreed  upon  by  said  corporations,  and  complying  with  such  rules 
and  regulations  as  may  be  established  by  said  Northern  Railroad 
Corporation. 

Sect.  4.  A  toll  is  hereby  granted  to  the  corporation  hereby 
established,  for  their  benefit  on  all  passengers  and  property  which 
may  be  conveyed  on  said  railroad,  at  such  rates  as  may  be  from 
time  to  time  agreed  on  by  the  directors ;  provided,  that  in  any  and 
every  year,  when  their  net  receipts  shall  amount  to  a  sum  making, 
with  the  prior  net  receipts  of  the  corporation,  more  than  an  aver- 
age of  ten  per  cent,  per  annum  from  the  commencement  of  their 
operations,  the  excess  shall  be  paid  into  the  treasury  of  the  State, 
until  otherwise  directed  by  the  legislature.  And  the  directors  are 
hereby  authorized  to  erect  and  maintain  toll-houses,  and  houses  for 
the  deposit  and  safe  keeping  of  merchandise,  and  to  demand  and 
receive  toll  upon  the  road  when  completed,  and  upon  such  parts 
thereof  as  shall  from  time  to  time  be  completed. 


NEW    HAMPSHIRE.  523 

Sect.  5.  The  president  and  directors  for  the  time  being  are 
authorized  and  empowered,  by  themselves  or  their  agents,  to  exer- 
cise the  powers  herein  granted  to  the  corporation  for  the  purpose 
of  constructing  and  completing  said  railroad,  and  for  the  transport- 
ation of  persons,  goods,  and  merchandise  thereon,  and  all  such  other 
powers  and  authority  for  the  management  of  the  affairs  of  the 
corporation,  not  heretofore  granted,  as  may  be  necessary  and  proper 
to  carry  into  effect  the  object  of  this  grant;  to  purchase  lands  and 
materials,  engines,  cars,  and  other  necessary  things  in  the  name 
of  the  corporation,  for  the  use  of  said  road,  and  for  the  trans- 
portation of  persons,  goods,  and  merchandise;  to  make  such 
equal  assessments  from  time  to  time  on  all  the  shares  in  said  cor- 
poration, as  they  may  deem  expedient  and  necessary  in  the  execu- 
tion and  progress  of  the  work,  and  direct  the  same  to  be  paid  to 
the  treasurer  of  the  corporation  ;  and  the  treasurer  shall  give 
notice  of  such  assessments.  And  if  any  subscriber  shall  neglect, 
for  sixty  days  after  such  notice,  to  pay  his  assessments,  the  direct- 
ors may  order  the  treasurer  to  sell  his  share  or  shares  at  public  auc- 
tion, due  notice  thereof  being  given,  to  the  highest  bidder,  and  the 
same  shall  be  transferred  to  the  purchaser  ;  and  such  delinquent  sub- 
scriber shall  be  held  accountable  to  the  corporation  for  the  balance,  if 
his  share  or  shares  shall  sell  for  less  than  the  assessment  or  assess- 
ments due  thereon,  with  interest  and  costs  of  sale,  and  shall  be 
entitled  to  the  overplus,  if  any  there  be;  provided^  that  no  assess- 
ment shall  be  laid  on  any  share  of  a  greater  amount  than  one  hun- 
dred dollars,  in  the  whole,  on  each  share  ;  and  if  a  greater  amount 
of  money  shall  be  necessary,  it  shall  be  raised  by  creating  new 
shares,  giving  the  stockholders  in  the  corporation  the  right  to  take 
said  shares,  in  proportion  to  the  shares  by  them  respectively  owned 
in  said  corporation. 

Sect.  6.  If  said  railroad,  in  the  course  thereof,  shall  intersect 
or  cross  any  private  way,  said  corporation  shall  so  construct 
said  railroad,  as  not  to  obstruct  the  safe  and  convenient  use  of 
said  private  way  ;  and  if  said  railroad  shall  not  be  so  constructed, 
the  party  aggrieved  shall  be  entitled  to  his  action  on  the  case,  and 
shall  recover  reasonable  damages  for  such  injury;  but  no  action 
shall  be  commenced  after  the  expiration  of  two  years  from  the 
obstruction  aforesaid.  And  if  said  railroad  shall,  in  the  course 
thereof,  intersect  or  cross  any  canal,  turnpike,  or  other  highway, 
the  said  railroad  shall  be  so  constructed  as  not  to  impede,  or 
obstruct  the  safe  and  convenient  use  of  such  canal,  or  other  high- 


524  GRAFTON    RAILROAD. 

way ;  and  the  corporation  shall  have  the  power  to  raise  or  lower 
such  turnpike,  highway,  or  private  way,  so  that  the  railroad, 
if  necessary,  may  pass  over  or  under  the  same;  and  if  said 
corporation  shall  raise  or  lower  any  such  turnpike,  highway,  or 
private  way,  and  shall  not  raise  or  lower  the  same  so  as  to  be 
satisfactory  to  the  proprietor  or  proprietors  of  such  turnpike,  or 
private  way,  or  to  the  selectmen  of  the  town  in  which  said  highway 
may  be  situated,  said  proprietor  or  proprietors,  or  selectmen  may 
require,  in  writing,  of  said  corporation,  such  alteration  or  amend- 
ment as  they  may  think  necessary.  And  if  such  alteration  or 
amendment  be  reasonable  and  proper,  in  the  written  opinion  of  the 
road  commissioners  for  the  county  in  which  such  alteration  or 
amendment  is  proposed,  and  if  the  said  corporation  shall  unneces- 
sarily and  unreasonably  neglect  to  make  the  same,  such  propri- 
etor or  proprietors  or  selectmen,  as  the  case  may  be,  may  proceed 
to  make  such  alteration  or  amendment,  and  institute  an  action  on 
the  case  against  said  corporation,  and  shall  thereupon  recover  rea- 
sonable damages  for  all  charges,  disbursements,  labor,  and  services 
occasioned  by  making  such  alteration  or  amendment,  with  costs  of 
suit.  And  whenever  such  railroad  shall  intersect  or  cross  any 
highway,  the  board  of  road  commissioners  within  the  county,  on 
notice  being  given,  and  hearing  had  for  this  purpose,  may  direct  that 
such  place  of  crossing,  or  intersection  shall  be  secured  by  a  bridge 
over  said  road,  or  by  the  erection  of  gates  on  both  sides  of  said 
road,  should  either,  in  their  opinion,  be  essential  to  the  public  safety; 
and  such  powers  shall  be  vested  solely  in  the  road  commissioners. 
And  said  corporation  shall  constantly  maintain  in  good  repair  all 
bridges,  with  their  abutments  and  embankments,  which  they  may 
construct  for  the  purpose  of  conducting  said  railroad  over  any 
turnpike,  private  way,  or  highway,  or  for  conducting  such  turn- 
pike, private  way,  or  highway  over  said  railroad  ;  and  in  default 
thereof,  shall  be  liable,  in  an  action  on  the  case,  to  respond  in 
damages  to  any  party  aggrieved. 

Sect.  7.  Unless  one  half  of  the  capital  stock  above  specified 
shall  be  subscribed  for,  and  the  corporation  organized  before  the 
j&rst  day  of  December,  which  will  be  in  tjie  year  of  our  Lord  one 
thousand  eight  hundred  and  fifty,  and  the  sum  of  one  hundred 
thousand  dollars  shall  have  been  expended  before  the  first  day  of 
December,  in  the  year  of  our  Lord  one  thousand  eight  hundred 
and  fifty-two,  this  Act  shall  be  null  and  void  ;  and  shall  be  null 
and  void,  as  to  any  and  every  portion  of  said  railroad  which  shall 


NEW    HAMPSHIRE.  525 

not  be  completed  and  fit  for  use  on  or  before  the  first  day  of  Decem- 
ber, in  the  year  of  our  Lord  one  thousand  eight  hundred  and  fifty- 
four. 

Sect.  8.  The  annual  meeting  of  the  members  or  stockholders 
of  the  corporation  shall  be  held  on  the  day  prescribed  by  the  by- 
laws, and  at  such  place  in  this  State  as  the  directors  for  the  time 
being  shall  appoint,  or  as  the  by-laws  shall  prescribe  ;  at  which 
meeting  seven  directors  shall  be  chosen  by  ballot.  The  directors 
may  call  special  meetings  of  the  stockholders  whenever  they  shall 
deem  it  expedient,  giving  such  notice  as  the  corporation  shall  by 
their  by-laws  direct.  And  any  three  of  the  five  persons,  first  named 
in  this  Act,  may  call  the  first  meeting  of  the  corporation,  by  a  notice 
published  two  weeks  successively  in  the  newspapers  published 
at  Haverhill,  in  said  county  of  Grafton,  at  which  meeting 
associates  may  be  admitted,  by-laws  adopted,  and  a  president 
and  clerk,  and  such  other  officers,  and  such  agents  and  commit- 
tees may  be  chosen,  as  may  be  deemed  necessary  to  carry  into 
eff'ect  the  objects  of  this  Act,  who  shall  hold  their  offices  no  longer 
than  until  a  board  of  directors  shall  be  chosen. 

Sect.  9.  The  expenses  heretofore  incurred  in  making  surveys, 
and  accomplishing  other  purposes  in  relation  to  said  railroad,  and 
suitable  compensation  for  time  and  expenses  in  procuring  this  Act, 
the  claims  being  first  audited  and  allowed  by  the  directors,  shall 
constitute  a  valid  charge  against  the  corporation,  and  be  allowed 
in  discharge  of  assessments  on  shares. 

Sect.  10.  This  corporation  shall  hold  and  enjoy  the  privileges 
and  franchises  herein  granted,  subject  to  the  laws  in  relation  to 
corporations  and  railroads  now  in  force  in  this  State,  or  that  here- 
after, from  time  to  time,  may  be  enacted  by  the  legislature  thereof, 
and  upon  the  further  restrictions  and  provisions  following,  to  wit : 
In  all  their  regular  trips,  said  corporation  shall  run  their  engines 
and  cars  into  a  union  depot,  to  be,  by  this  corporation,  in  con- 
nection with  the  Northern  Railroad  in  New  Hampshire  and  the 
Central  Railroad  in  the  State  of  Vermont,  or  by  said  Northern  and 
Central  Railroads  only,  established  and  built  at  their  junction  in 
the  town  of  Hartford,  in  said  State  of  Vermont,  and  shall  there 
discharge  and  receive  passengers  and  freights,  in  the  same  way 
and  manner,  and  to  the  same  extent,  as  the  same  would  be  or 
would  have  been  discharged  and  received,  by  any  railroad  from 
said  depot  to  the  northern  terminus  of  this  road,  should  such  rail- 
road be  or  have  been  built  upon  the  westerly  bank  of  said  Con- 


526  GRAFTON    RAILROAD. 

necticut  River,  and  in  said  State  of  Vermont,  and  shall  not  have 
or  use  any  other  depot  at  their  southern  terminus.  No  branch 
railroad  shall  be  built  from  this  to  the  said  Northern  Railroad,  nor 
any  connection  at  any  time,  in  any  place,  or  in  any  way,  be  made 
with  said  Northern  Railroad,  other  than  the  connection  specified 
above  in  section  three  of  this  Act,  except  by  the  consent  and 
agreement  of  the  Boston,  Concord,  and  Montreal  Railroad.  And 
in  case  the  said  restrictions  and  provisions,  or  either  of  them, 
shall  be  violated  by  this  corporation,  then,  and  in  that  case,  this 
Act,  and  all  parts  of  the  same,  shall  be  and  become  inoperative, 
null,  and  void. 

Sect.  11.  This  Act  shall  take  effect  and  be  in  force,  so  soon  as 
the  Connecticut  and  Passumpsic  Rivers  Railroad  Company,  in  the 
State  of  Vermont,  in  consideration  hereof,  and  in  further  consider- 
ation that  the  said  Connecticut  and  Passumpsic  Rivers  Railroad  be 
and  the  same  is  hereby  authorized  to  enter  upon  and  use  the  rail- 
road hereby  incorporated,  on  such  terms  as  may  be  agreed  upon, 
or  as  the  legislature  of  this  State  may  from  time  to  time  prescribe, 
shall  enter  into  good  and  sufficient  bonds,  obligation,  or  agreement  to 
and  with  the  Boston,  Concord,  and  Montreal  Railroad  in  this  State, 
to  the  satisfaction  of  the  said  Boston,  Concord,  and  Montreal  Rail- 
road, or  the  approval  of  the  railroad  commissioners  of  this  State 
for  the  time  being,  that  the  said  Boston,  Concord,  and  Montreal 
Railroad,  at  such  time  as  it  may  choose,  shall  have  the  right  to 
enter  upon,  at  any  point,  connect  with  and  use  all  or  any  part  of 
the  said  Connecticut  and  Passumpsic  Rivers  Railroad,  on  as  favor- 
able terms,  and  to  the  same  extent,  as  the  railroad  hereby  char- 
tered, or  any  other  railroad  may  or  can  do  ;  and  until  said  bond  or 
obligation  be  so  made,  and  its  sufficiency  to  secure  the  objects  by 
this  Act  intended,  and  every  part  thereof,  certified  by  the  railroad 
commissioners,  or  approved  by  the  directors  of  said  Boston,  Con- 
cord, and  Montreal  Railroad,  and  said  certificate  or  approval 
filed  in  the  office  of  the  secretary  of  state  of  the  State  of  New 
Hampshire,  this  Act,  and  every  part  thereof,  shall  be  null  and 
void. 

Sect.  12.  This  or  any  subsequent  legislature  may  alter,  amend, 
or  repeal  this  Act,  whenever,  in  their  opinion,  the  public  good 
requires  such  alteration,  amendment,  or  repeal.  Approved^  July  2, 
1847. 


NEW    HAMPSHIRE.  527 

CONWAY  AND    ]MEREDITH    RAILROAD    COMPANY. 

INCORPORATED   IN   NEW   HAMPSHIRE    IN    1847. 
Chapter  553  of  the  Private  Acts  of  1847  contains  the  Charter, 

Sect.  1  grants  corporate  powers,  and  authorizes  them  to  enter  upon  the  Boston, 
Concord,  and  Montreal  Railroad,  paying  therefor  such  rates  of  toll  as  the  Legisla- 
ture may  prescribe,  and  complying  with  the  rules  of  said  Company ;  the  capital 
stock  is  fixed  at  $000,000. 

Sect.  2  provides  that  they  may  make  by-laws  not  repugnant  to  the  laws  of  the 
State,  and  may  hold  real  estate,  exclusive  of  that  Avithin  the  limits  of  the  road  and 
for  its  construction,  not  exceeding  5  per  cent,  on  the  capital  stock. 

Sect.  3  vests  the  government  in  seven  Directors,  and  provides  for  the  choice  of 
officers. 

Sect.  4  authorizes  them  to  create  a  sufficient  number  of  shares,  to  make  equal  assess- 
ments, not  exceeding  $100  on  each  share,  and  to  sell  the  shares  for  nonpajTuent 
of  assessments,  after  notice. 

Sect.  5  grants  a  toll,  provided  they  pay  into  the  State  treasury,  each  year,  the 
excess  of  the  net  income  of  the  road  over  10  per  cent,  on  its  cost. 

Sect.  6  directs  the  mode  of  organization,  and  the  time  of  the  annual  meeting,  and 
provides  that  special  meetings  may  be  called,  when  necessary. 

Sect.  7  establishes  the  mode  of  crossing  any  private  way,  highway,  canal  or  turn- 
pike, giving  any  party  aggrieved  a  right  of  action  within  two  years  from  the  time 
of  the  obstruction ;  requires  that  they  make  alterations,  necessary  in  the  opinion 
of  the  County  Commissioners,  in  crossing  any  highway  or  turnpike,  at  the  request 
of  the  Selectmen  of  any  town  or  the  proprietors  of  any  turnpilie,  in  neglect  or 
refusal  of  which  they  shall  be  liable  to  damages ;  and  requires  that  they  erect  and 
maintain  a  bridge  over,  or  gates  on  each  side  of,  a  highway  which  they  cross  or 
intersect,  and  maintain  all  bridges,  in  default  thereof  being  liable  for  damages. 

Sect.  8  reserves  to  the  Legislature  the  power  to  alter  or  repeal  this  Act. 


Laws  of  1847,  Chap.  553. 
An  Act  to  incorporate  the  Conway  and  Meredith  Railroad  Company. 

Sect.  1.  Be  it  enacted^  ^-♦c.  That  Jonathan  T.  Chase,  Samuel 
Emerson,  Abraham  Colby,  Zara  Cutler,  Artemas  Harmon,  Nathan- 
iel Abbott,  Tobias  A.  Hanson,  .Tacob  C.  Emerson,  Samuel  Thorn, 
Obed  Hall,  Enoch  Remick,  Zebulon  Pease,  Calvin  Topliif,  Amos 
Towle,  Daniel  Hoit,  Joseph  Wentworth,  Stephen  Beede,  Joseph 
H.  Watson,  John  Coe,  Francis  R.  Chase,  Jeremiah  Furber,  Silas 
S.  Whitney,  their  associates,  successors,  and  assigns,  hereby  are 


528  CONWAY   AND   MEREDITH    RAILROAD    COMPANY. 

made  a  body  politic  and  corporate,  by  the  name  of  the  Conway 
and  Meredith  Railroad  Company,  with  all  the  powers,  rights,  and 
privileges,  and  subject  to  all  the  duties  and  liabilities,  which  by  the 
laws  of  this  State  are  or  may  be  incident  to  railroad  corporations ; 
and  the  said  corporation  is  authorized  and  empowered  to  locate, 
construct,  and  finally  complete  a  railroad  not  exceeding  six  rods  in 
width,  from  the  West  Village  in  Conway,  to  the  Boston,  Concord, 
and  Montreal  Railroad,  at  some  convenient  point  in  the  town  of 
Meredith,  and  there  to  enter  said  Boston,  Concord,  and  Montreal 
Railroad ;  paying  for  the  right  to  use  the  same,  or  any  part  thereof, 
such  a  rate  of  toll  as  the  legislature  may  from  time  to  time  pre- 
scribe, or  upon  such  terms  as  may  from  time  to  time  be  mutually 
agreed  upon  by  said  roads,  and  complying  with  such  rules  and 
regulations  as  may  be  established  by  said  Boston,  Concord,  and 
Montreal  Railroad  Corporation.  And  the  capital  stock  of  said  cor- 
poration shall  be  six  hundred  thousand  dollars. 

Sect.  2.  The  said  corporation  may  establish  for  itself  a  corpo- 
rate seal,  make  by-laws,  not  repugnant  to  the  laws  of  this  State, 
and  may  purchase  and  hold  land,  exclusive  of  that  within  the 
limits  of  the  road,  and  land  purchased  to  procure  stone,  sand,  and 
gravel,  to  an  amount  not  exceeding  in  value,  at  the  time  of  its 
purchase,  five  per  cent,  on  the  capital  stock,  for  depots  and  other 
conveniences. 

Sect.  3.  The  immediate  government  and  direction  of  the  affairs 
of  said  corporation  shall  be  vested  in  a  board  of  seven  directors, 
chosen  by  the  members  of  said  corporation,  at  their  annual  meet- 
ing, who  shall  hold  their  offices  until  others  are  duly  elected  and 
qualified  to  act  in  their  stead,  and  the  said  directors  shall  elect  one 
of  their  number  to  be  president  of  the  board,  who  shall  also  be 
president  of  the  corporation ;  and  shall  have  authority  to  choose  a 
clerk,  who  shall  be  sworn  to  the  faithful  discharge  of  his  duties, 
and  shall  also  be  clerk  of  the  corporation,  unless  they  shall  elect 
some  other  person  to  that  office ;  and  also  have  authority  to  choose 
a  treasurer,  who  shall  give  bond  to  the  corporation,  with  sureties 
to  the  satisfaction  of  the  directors,  in  a  sum  not  less  than  ten  thou- 
sand dollars,  for  the  faithful  discharge  of  his  trust,  and  also  authority 
to  appoint  such  other  servants  and  agents  as  they  may  deem  ex- 
pedient, and  shall  have  and  exercise,  when  not  controlled  by  the 
corporation,  all  the  powers  of  the  corporation. 

Sect.  4.  The  directors  may  from  time  to  time  create  such  num- 
ber of  shares  as  may  be  sufficient  for  the  construction  of  said  rail- 


NEW   HAMPSHIRE.  529 

road,  and  from  time  to  time  make  such  equal  assessments  on  all 
the  shares,  as  they  may  deem  expedient  and  necessary  :  Provided^ 
that  no  assessment  on  any  share  shall  exceed  the  sum  of  one  hun- 
dred dollars  in  the  whole.  If  any  subscriber  shall  neglect,  for  sixty 
days  after  notice  given  by  the  treasurer,  to  pay  his  assessments, 
his  shares,  or  a  sufficient  number  of  them  to  raise  the  sum  assessed, 
may  be  sold  at  public  auction  by  the  treasurer;  the  surplus  on  such 
sale,  if  any,  to  be  paid  the  delinquent  subscriber,  after  deducting 
expenses. 

Sect.  5.  A  toll  is  hereby  granted  to  the  corporation,  for  their 
benefit,  on  all  passengers  and  property  conveyed  on  said  railroad, 
at  such  rates  as  may  from  time  to  time  be  agreed  upon  by  the 
directors :  Provided^  that  in  any  and  every  year,  when  the  net 
receipts  shall  exceed  the  average  of  ten  per  cent,  per  annum  from 
the  commencement  of  their  operations,  the  excess  shall  be  paid 
into  the  treasury  of  the  State,  until  otherwise  directed  by  the 
legislature. 

Sect.  6.  Any  three  of  the  five  first  grantees  named  herein  may 
call  the  first  meeting  of  said  corporation,  by  giving  notice  thereof, 
by  advertisement,  three  weeks  successively  in  the  Belknap  Ga- 
zette, a  newspaper  published  at  Meredith  ♦Bridge.  The  annual 
meeting  of  the  corporation  shall  be  held  on  the  day  prescribed  by 
the  by-laws,  and  at  such  place  in  this  State  as  the  directors  for  the 
time  being  may  appoint,  or  the  by-laws  prescribe  ;  at  which  meet- 
ing the  directors  shall  be  chosen  by  ballot.  The  directors  may 
call  special  meetings  of  the  corporation  whenever  they  may  deem 
it  expedient,  by  giving  such  notice  as  the  by-laws  may  direct. 

Sect.  7.  If  the  said  railroad  in  the  course  thereof  shall  intersect 
or  cross  any  private  way,  the  said  corporation  shall  so  construct 
such  railroad,  as  not  to  obstruct  the  safe  and  convenient  use  of  said 
private  way  ;  and  if  said  railroad  shall  not  be  so  constructed,  the 
party  aggrieved  shall  be  entitled  to  his  action  on  the  case,  and  shall 
recover  reasonable  damages  for  such  injury,  but  no  action  shall  be 
commenced  after  the  expiration  of  two  years  from  the  obstruction 
aforesaid  ;  and  if  the  said  railroad  shall  in  the  course  thereof  inter- 
sect or  cross  any  canal,  turnpike,  or  other  highway,  the  said  rail- 
road shall  be  so  constructed  as  not  to  impede  or  obstruct  the  safe 
and  convenient  use  of  such  canal,  turnpike,  or  other  highway ; 
and  the  corporation  shall  have  the  power  to  raise  or  lower  such 
turnpike,  highway,  or  private  way,  so  that  the  railroad,  if  neces- 
sary, may  conveniently  pass  under  or  over  the  same ;  and  if  said 

45 


530  COJfWAY   AND   MEKEDITH   RAILROAD    COMPANY. 

corporation  shall  raise  or  lower  any  such  turnpike,  highway,  or 
private  way,  and  shall  not  so  raise  or  lower  the  same  as  to  be 
satisfactory  to  the  proprietors  of  such  turnpike,  or  to  the  selectmen 
of  the  town  in  which  said  highway  or  private  way  may  be  situate, 
as  the  case  may  be,  the  proprietors  or  selectmen  may  require,  in 
writing,  of  said  corporation  such  alteration  or  amendment  as  they 
may  deem  necessary ;  and  if  the  required  alteration  or  amendment 
be  reasonable  and  proper,  in  the  written  opinion  of  the  road  com- 
missioners for  the  county  in  which  such  alteration  or  amendment 
is  proposed,  and  the  said  corporation  shall  unnecessarily  and  un- 
reasonably neglect  to  make  the  same,  such  proprietors  or  select- 
men, as  the  case  may  be,  may  proceed  to  make  such  alteration  or 
amendment,  and  may  institute,  and  prosecute  to  final  judgment  and 
execution,  any  action  on  the  case  against  said  corporation,  and  shall 
therein  recover  reasonable  damages  for  all  charges,  disbursements, 
labor,  and  services,  occasioned  by  making  such  alterations  or 
amendments,  with  costs  of  suit ;  and  whenever  said  railroad  shall 
intersect  or  cross  any  highway,  the  board  of  road  commissioners 
within  the  county,  on  notice  given  and  hearing  had  for  this  pur- 
pose, may  direct  that  such  place  of  crossing  or  intersection  shall 
be  secured  by  a  bridge  over  said  road,  or  by  the  erection  of  gates 
on  both  sides  of  said  road,  should  either,  in  their  opinion,  be  essen- 
tial to  public  safety ;  and  such  power  shall  be  vested  solely  in 
the  road  commissioners.  And  the  said  company  shall  constantly 
maintain,  in  good  repair,  all  bridges,  with  their  abutments  and 
embankments,  which  they  may  construct  for  the  purpose  of  con- 
ducting said  railroad  over  any  turnpike,  private  way,  or  highway, 
or  for  conducting  such  turnpike,  private  way,  or  highway,  over 
said  railroad,  and  in  default  thereof  shall  be  liable  in  an  action  on 
the  case  to  respond  in  damages  to  any  party  aggrieved. 

Sect.  8.  The  legislature  may  at  any  time  alter,  amend,  or  repeal 
this  Act,  when  in  their  opinion  the  public  good  requires,  and  this 
Act  shall  take  effect  from  its  passage.     Approved,  July  2,  1847. 


NEW  HAMPSHIRE.  531 


ATLANTIC  AND   ST.   LAWRENCE  RAILROAD   COMPANY. 
MADE    A    CORPORATION    IN   NEW    HAMPSHIRE    IN    1847. 
Chapter  bbi^  of  the  Private  Acts  of  1847  contains  said  Act. 

Sect.  1  provides  that  the  Atlantic  and  St.  Lawrence  Railroad  Company  incorporated 
in  Maine,  shall  be  a  Corporation  in  this  State,  subject  to  its  laws. 

Sect.  2  authorizes  them  to  prolong  their  road,  from  the  line  of  the  State  of  Maine  to 
the  western,  or  western  and  northern  line  of  New  Hampshire,  and  to  the  boundary 
line  of  Canada  near  Connecticut  River,  to  form  a  continuous  line  from  Portland 
in  the  State  of  Maine  to  the  St.  Lawrence  at  Montreal. 

Sect.  3  establishes  the  manner  of  crossing  any  private  way,  giving  any  party 
aggrieved  a  right  of  action  within  two  years  from  the  time  of  the  obstruction. 

Sect.  4  provides  that  the  Railroad  Commissioners  shall  have  the  same  power,  respect- 
ing the  construction  of  this  road  and  the  estimation  of  land  damages,  as  in  regard 
to  roads  incorporated  in  this  State. 

Sect.  5  authorizes  the  construction  of  a  branch  railroad,  if  desired ;  and  gives  to 
persons  aggrieved  the  same  right  of  appeal  as  in  other  cases. 

Sect.  6  empowers  the  Legislature  to  incorporate  other  roads  to  connect  with  this 
road ;  their  passengers  and  freight  to  be  transported  over  this  road,  by  paying  there- 
for reasonable  rates  of  toll,  and  the  passengers  and  freight  of  this  road  to  be  trans- 
ported on  said  roads. 

Sect.  7  provides  that,  if  the  location  be  not  filed,  and  the  road  be  not  laid  out 
before  June  1,  1852,  this  Act  shall  be  void;  and  that  it  shall  be  void,  as  to  every 
part  not  completed  and  fit  for  use,  and  in  actual  operation,  before  Jime  1,  1860. 

Sect.  8  provides  that  this  Act  shall  not  go  into  operation  until  "  The  Colebrook 
Railroad  Company  "  shall  have  released,  by  vote,  all  rights  under  their  Act  of 
incorporation,  passed  December  27,  1844,  and  until  two  thirds  of  the  persons 
named  in  ♦'  An  Act  to  incorporate  the  Portland  and  Coimecticut  River  Railroad 
Corporation,"  passed  July  2,  1839,  shall  have  released  rights  acquired  under  any 
provision  of  said  Act  inconsistent  with  this  Act ;  and  then,  this  Act  shall  take- 
effect. 

Sect.  9  reserves  to  the  Legislature  the  power  to  alter  or  repeal  this  Act. 


Laws  of  1847,  Chap.  554. 

An  Act  constituting  the  Atlantic  and  St.  Lawrence  Railroad  Company  a  Corporation 

within  this  State. 

Sect.  1.  Be  it  enacted^  cj'c.  That  "The  Atlantic  and  St.  Law- 
rence Railroad  Company,"  incorporated  by  the  legislature  of  the 
State  of  Maine,  by  an  Act  passed  February  the  tenth,  eighteen 


532  ATLANTIC   AND    ST.    LAWRENCE   RAILROAD    COMPANY. 

hundred  and  forty-five,  be  and  hereby  is  made  and  constituted  a 
corporation  within  this  State,  under  the  authority  thereof;  subject 
however,  to  all  the  liabilities,  obligations,  and  duties,  which  are  or 
may  be  imposed  on  other  railroad  corporations  in  this  State,  by 
and  under  the  laws  of  New  Hampshire. 

Sect.  2.  The  said  corporation  shall  be  and  hereby  is  vested 
with  power  and  authority  to  continue  and  prolong  their  railroad, 
agreeably  to  the  provisions  of  their  charter,  from  the  western  line 
of  Maine,  through  the  county  of  Coos,  to  the  western  or  western 
and  northern  lines  and  boundary  of  New  Hampshire,  and  to  pur- 
chase, take,  and  hold  lands,  and  the  rights  of  way  over  lands  in  said 
county,  for  the  purpose  of  locating  and  constructing  said  railroad 
in  continuation  through  said  county,  and  to  the  boundary  line  of 
Canada  near  the  Connecticut  River,  there  to  connect  in  such  manner 
with  the  St.  Lawrence  and  Atlantic  Railroad,  to  be  constructed  from 
Montreal  to  said  boundary  line  at  the  same  place,  as  to  form  and 
constitute  one  continuous  line  of  railroad,  from  the  St.  Lawrence  at 
Montreal,  to  the  Atlantic  Ocean  at  Portland. 

Sect.  3.  If  said  railroad,  in  the  course  thereof  shall  intersect 
or  cross  any  private  way,  the  said  corporation  shall  so  construct 
said  railroad  as  not  to  obstruct  the  safe  and  convenient  use  of  such 
private  way ;  and  if  said  railroad  shall  not  be  so  constructed,  the 
party  aggrieved  shall  be  entitled  to  his  action  on  the  case ;  and 
shall  recover  reasonable  damages  for  such  injury ;  but  no  action 
shall  be  commenced  after  the  expiration  of  two  years  from  the 
obstruction  aforesaid. 

Sect.  4.  The  railroad  commissioners  of  this  State  shall  have, 
hold,  and  exercise  the  same  power  and  authority,  in  regard  to  lands 
taken  or  to  be  taken  for  the  location  and  construction  of  said  rail- 
road in  continuation  through  this  State,  and  the  damage  done  to 
individuals  and  corporations  by  the  location  and  continuation  of 
said  railroad  over  their  lands,  as  they  are  or  may  be  invested  with, 
by  law,  in  regard  to  other  railroads  incorporated  by  the  Legisla- 
ture of  this  State. 

Sect.  5.  If  in  the  location  and  construction  of  said  railroad  in 
continuation  through  the  county  of  Coos,  the  line  of  the  route,  as 
ascertained  and  determined  to  be  most  favorable  by  the  president 
and  directors  of  said  company,  after  actual  survey  thereof,  should 
not  pass  through  the  town  of  Lancaster,  then  and  in  that  case  the 
said  company  shall  have  power  and  authority  to  locate  and  con- 
struct a  branch  of  said  railroad,  from  some  convenient  place  in  the 


NEW   HAMPSHIRE.  583 

trunk  line  thereof  to  said  town  of  Lancaster ;  and  all  persons 
aggrieved  shall  have  the  same  right  of  appeal  as  is  or  may  be  pro- 
vided by  law  in  other  similar  cases. 

Skct.  6.  The  legislature  of  this  State  shall  at  all  times  have 
the  right  to  authorize  any  other  railroad  company  incorporated 
under  the  laws  of  this  State,  so  to  connect  their  railroad  with  the 
Atlantic  and  St.  Lawrence  Railroad,  as  that  said  Atlantic  and  St. 
Lawrence  Railroad  Company  may  receive,  and  shall  be  obliged  to 
receive,  convey,  and  transport  the  freight  and  passengers  of  such 
connecting  road,  on  terms  and  conditions,  and  at  rates  of  toll  and 
passage,  as  favorable  at  least  as  those  on  which  said  company  con- 
vey and  transport  their  own,  without  any  additional  toll  or  charge 
whatever  ;  Provided,  however,  that  the  company  of  such  connect- 
ing railroad  shall,  on  their  part,  be  obliged  to  receive,  convey,  and 
transport  the  freight  and  passengers  of  said  Atlantic  and  St.  Law- 
rence Railroad,  on  terms  and  conditions,  and  at  rates  of  toll  and 
passage,  at  least  as  favorable  as  those  on  which  said  connecting 
company  convey  and  transport  their  own  freight  and  passengers, 
without  any  additional  toll  or  charge  whatever  on  their  part. 

Sect.  7.  If  the  location  of  said  railroad  in  continuation,  accord- 
ing to  actual  survey  of  the  route,  shall  not  have  been  made  by  the 
president  and  directors  of  said  company,  and  said  road  be  laid  out 
agreeably  to  the  laws  of  this  State,  on  or  before  the  first  day  of 
June,  in  the  year  of  our  Lord  eighteen  hundred  and  fifty-two,  this 
Act  shall  be  null  and  void.  And  this  Act  shall  be  null  and  void  as 
to  all  and  any  portion  of  said  railroad,  which  shall  not  be  so  far 
completed  as  to  be  fit  for  use,  and  be  in  actual  operation,  on  or 
before  the  first  day  of  June,  in  the  year  of  our  Lord  eighteen 
hundred  and  sixty. 

Sect.  S.  This  Act  shall  not  go  into  operation  until  "  The  Cole- 
brook  Railroad  Company  "  shall  have  filed  in  the  office  of  the  Sec- 
retary of  State,  a  release  and  renunciation  by  vote,  of  all  right  and 
claim  under  their  Act  of  incorporation,  passed  December  27th,  1844, 
nor  until  a  majority  of  two  thirds  at  least  of  all  the  present  resi- 
dent corporators  named  in  "  An  Act  to  incorporate  the  Portland 
and  Connecticut  River  Railroad  Corporation,"  passed  July  2d, 
1839,  shall  also  have  filed  in  the  same  office,  a  release  and  renun- 
ciation in  writing,  of  all  right  and  claim  to  and  under  said  last 
mentioned  Act,  so  far  as  any  of  its  provisions  may  be  inconsistent 
with  the  provisions  of  this  Act ;  from  and  after  which  time,  this 
Act  shall  take  effect  and  be  in  full  force. 

45* 


034  CONCORD   AND    CLAREMONT   RAILROAD. 

Sect.  9.  The  legislature  may  alter,  amend,  or  repeal  this  Act, 
whenever  in  their  opinion  the  public  good  may  require.  Approved, 
June  30,  1847. 


CONCORD  AND  CLAREMONT  RAILROAD. 

INCORPORATED    IN    NEW    HAMPSHIRE    IN    1848. 

Chapter  659  of  the  Private  Acts  of  1848    contains   the    Charter. 

Sect.  1  grants  corporate  powers,  subject  to  the  laws  of  the  State  respecting  Railroad 
Corporations. 

Sect.  2  describes  the  location,  commencing  from  a  point  on  the  Concord  Railroad 
and  to  connect  with  the  Sullivan  Railroad  ;  giving  the  Central  Railroad  or  Con- 
toocook  Valley  Railroad  the  right  to  enter  upon  and  use  this  road,  subject  to  its 
regulations  and  tolls,  and  the  laws  of  the  State  ;  and  if  the  Central  Railroad  be 
built  before  this,  giving  this  Company  a  similar  right  to  enter  upon  and  use  that 
road ;  providing  that,  if  this  Company  cannot  agree  with  said  Companies  as  to 
what  parts  of  the  road  shall  be  bmlt  by  each,  it  shall  be  determined  by  the  rail- 
road Commissioners ;  and  restricting  the  right  to  hold  real  estate,  exclusive  of 
that  within  the  limits  of  the  road  and  for  its  construction,  to  5  per  cent,  on  the 
capital  stock. 

Sect.  3  divides  the  capital  stock  into  10,000  shares,  vests  the  government  in  seven 
Directors,  and  provides  for  the  choice  of  officers. 

Sect.  4  grants  a  toll,  provided  they  pay  into  the  State  treasury,  each  year,  the  excess 
of  the  net  income  of  the  road  over  10  per  cent,  on  its  cost. 

Sect.  5  defines  the  powers  and  duties  of  the  officers,  and  authorizes  them  to  make 
equal  assessments,  not  exceeding  $100  on  each  share,  to  sell  shares  for  nonpay- 
ment of  assessments,  after  notice,  and  to  create  new  shares,  if  necessary,  to  be 
distributed  proportionally  among  the  original  stockholders. 

Sect.  6  establishes  the  manner  of  crossing  any  private  way,  highway,  canal,  or  turn- 
pike, giving  any  party  aggrieved  a  right  of  action  within  two  years  from  the  time 
of  the  obstruction ;  requires  that  they  make  alterations,  necessary  in  the  opinion 
of  the  County  Commissioners,  in  crossing  any  highway  or  turnpike,  at  the  written 
request  of  the  Selectmen  of  the  town  or  the  proprietors  of  the  turnpilce,  in  neg- 
lect or  refusal  of  which  they  shall  be  liable  for  damages  ;  it  requires  that  they 
maintain  all  bridges  over  any  crossing,  and  provides  that  they  make  alterations  in 
any  highway  or  turnpike,  with  the  approval  of  the  County  Commissioners. 

Sect.  7  authorizes  them  to  make  by-laws  not  repugnant  to  the  laws  of  the  State, 

Sect.  8  appomts  the  time  of  the  annual  meeting,  when  Directors  shall  be  chosen, 
directs  the  mode  of  organization,  and  authorizes  special  meetmgs  to  be  called,  when 
necessar5\ 

Sect.  9  i^rovides,  if  the  Corporation  be  not  organized  and  $50,000  expended  in  its 
construction,  before  December  1,  1850,  that  this  Act  shall  be  void ;  and  that  it  shall 
be  void  as  to  every  part  not  completed  and  fit  for  use  before  December  1,  1858. 

Sect.  10  reserves  to  the  Legislature  the  power  to  alter  or  repeal  this  Act. 

Sect.  11  provides  that  this  Act  shall  take  effect  from  its  passage. 


NEW  HAMPSHIRE.  535 


La-ws  of  1848,  Chap.  659. 
An  Act  to  incorporate  the  Concord  and  Claremont  Railroad. 

Sect.  1 .  Be  it  enacted,  6^0.  That  Matthew  Harvey,  Stephen  C. 
Badger,  Robert  Thompson,  Frankhn  Simonds,  Harrison  D.  Robert- 
son, Jason  H.  Ames,  Enoch  Sweatt,  Samuel  Jones,  Moses  Cilley, 
Ralph  Metcalf,  Bela  Nettleton,  Nathan  White,  Daniel  Bean,  B.  P. 
Paige,  Asa  Fowler,  John  Bryant,  and  Enoch  Page,  their  asso- 
ciates, successors,  and  assigns,  be  and  they  hereby  are  made  a  body 
corporate  by  the  name  of  the  Concord  and  Claremont  Railroad, 
with  all  the  rights  and  privileges,  liabilities  and  duties  by  the  laws 
of  this  State  incident  to  railroad  corporations,  and  necessary  and 
proper  to  carry  into  effect  the  provisions  of  this  Act. 

Sect.  2.  The  said  corporation  is  hereby  authorized  and  empow- 
ered to  locate,  build,  and  maintain  a  railroad  not  exceeding  six 
rods  in  width,  with  necessary  additions  for  cuttings  and  embank- 
ments, from  a  point  on  the  Concord  Railroad,  in  either  of  the  towns 
of  Concord  or  Bow,  in  the  county  of  Merrimac,  or  on  the  North- 
ern Railroad  in  said  town  of  Concord;  thence  running  westerly  by 
such  route  as  shall  be  deemed  best  to  accommodate  the  public,  to  a 
point  to  connect  with  the  Sullivan  Railroad,  in  the  town  of  Clare- 
mont in  the  county  of  Sullivan;  Provided,  if  the  Concord  and 
Claremont  Railroad  shall  be  located  and  constructed  between  the 
points  aforesaid,  or  between  rxij  intermediate  points,  so  as  to  con- 
vene either  the  Central  Railroad  or  Contoocook  Valley  Railroad, 
said  railroads,  or  either  of  them,  shall  have  a  right  to  enter  in  and 
upon  said  Concord  and  Claremont  Railroad,  at  such  point  and 
places  as  shall  best  accommodate  said  railroads,  as  aforesaid,  and 
each  have  the  right  to  use  said  Concord  and  Claremont  Railroad, 
subject  to  such  tolls,  by-laws,  and  regulations  of  the  Concord  and 
Claremont  Railroad,  and  such  laws  as  the  legislature  may  from 
time  to  time  prescribe.  And  in  case  the  Central  Railroad  shall  be 
first  located  and  constructed  within  any  of  said  points,  then  and  in 
such  case  the  said  Concord  and  Claremont  Railroad  shall  have  a 
similar  right  to  enter  upon  and  pass  over  the  said  Central  Railroad, 
subject  to  similar  laws  and  regulations.  And  in  case  the  said  Con- 
toocook Valley  Railroad  Company,  and  the  said  Concord  and  Clare- 
mont Railroad  Company,  shall  be  unable  to  agree  which  corpora- 


536  CONCORD    AND    CLAREMONT  RAILROAD. 

tion  shall  construct  the  part,  between  said  Hopldnton  and  the  point 
where  the  same  shall  enter  the  Concord  or  Northern  Railroads  as 
aforesaid,  the  railroad  commissioners  for  the  time  being,  shall 
determine  which  corporation  shall  construct  the  same.  And  in 
case  the  said  Central  Railroad  Company,  and  the  said  Concord  and 
Claremont  Railroad  Company,  shall  be  unable  to  agree  which  cor- 
poration shall  construct  between  Bradford  and  the  Sullivan  Rail- 
road in  said  Claremont  as  aforesaid,  the  railroad  commissioners  for 
the  time  being,  shall  determine  which  corporation  shall  construct 
the  same  :  P?^ovided,  said  corporation  shall  hold  no  more  land, 
exclusive  of  what  is  within  the  limits  of  their  road,  and  necessary 
for  procuring  stone,  sand,  and  gravel,  and  for  machine  shops  and 
depot  accom.modations,  than  shall  be  worth,  at  the  time  of  its  pur- 
chase, five  per  cent,  on  their  capital  stock. 

Sect.  3.  The  capital  stock  of  said  corporation  shall  consist  often 
thousand  shares,  and  the  immediate  government  and  direction  of 
the  affairs  thereof  shall  be  vested  in  seven  directors,  who  shall  be 
chosen  by  the  stockholders  or  members  in  the  manner  hereinafter 
provided,  and  shall  hold  their  offices  until  others  shall  be  duly 
elected  and  qualified  in  their  stead ;  and  the  said  directors,  a 
majority  of  whom  shall  form  a  quorum  for  the  transaction  of  busi- 
ness, shall  elect  one  of  their  number  to  be  president  of  the  board, 
and  of  the  corporation  ;  they  shall  also  choose  a  clerk,  who  shall 
also  be  clerk  of  the  corporation,  and  sworn  to  the  faithful  perform- 
ance of  his  duties  ;  a  treasurer,  who  shall  give  bond,  with  sureties  to 
their  satisfaction  for  the  faithful  performance  of  his  trust,  and  such 
other  officers,  agents,  and  servants  as  they  may  deem  expedient, 
fix  their  salaries,  and  generally  shall  have  and  exercise  all  the 
powers  of  the  corporation  for  carrying  into  eff'ect  the  objects  and 
purposes  of  this  Act. 

Sect.  4.  A  toll  is  hereby  granted  to  the  corporation  for  their 
benefit,  on  all  passengers  and  property  which  may  be  transported  on 
said  railroad,  at  such  rates  as  may  from  time  to  time  be  agreed 
on  by  the  directors  ;  provided,  that  in  any  and  every  year,  when 
the  net  receipts  from  the  use  of  said  road  shall  exceed  the  average 
of  ten  per  cent,  per  annum  from  tlie  commencement  of  their  ope- 
rations, the  excess  shall  be  paid  into  the  treasury  of  the  State,  until 
otherwise  ordered  by  the  legislature. 

Sect.  5.  The  president  and  directors  for  the  time  being  are  au- 
thorized and  empowered,  by  themselves  or  their  agents,  to  exercise 
all  the  powers  hereby  granted  to  the  corporation,  for  the  purpose  of 


NEW    HAMPSHIRE.  537 

constructing  and  completing  their  railroad,  and  for  the  transporta- 
tion  of  persons,  goods,  and  merchandise  thereon,  and  all  such  other 
power  and  authority  for  the  management  of  the  affairs  of  the 
corporation,  not  heretofore  granted,  as  may  be  necessary  and  proper 
to  carry  into  eflect  the  object  of  this  grant ;  to  purchase  land, 
materials,  engines,  cars,  depot  buildings,  machine  shops,  and  other 
things,  in  the  name  of  the  corporation,  for  the  use  of  the  railroad 
and  the  transportation  of  persons,  goods,  and  merchandise  ;  to  make 
such  equal  assessments,  from  time  to  time,  on  all  the  shares  in 
said  corporation*,  as  they  may  deem  expedient  and  necessary  in  the 
execution  and  progress  of  the  work,  and  direct  the  same  to  be  paid 
to  the  treasurer  of  the  corporation;  and  the  treasurer  shall  give 
notice  of  said  assessments,  and  if  any  subscriber  shall  neglect,  for 
sixty  days  after  such  notice,  to  pay  his  assessment,  the  directors 
may  order  the  treasurer  to  sell  his  share  or  shares  at  public  auction, 
due  notice  thereof  being  given,  to  the  highest  bidder,  and  the  same 
shall  be  transferred  to  the  purchaser;  and  such  delinquent  sub- 
scriber shall  be  held  accountable  to  the  company  for  the  balance, 
if  his  share  or  shares  shall  sell  for  less  than  the  assessment  or 
assessments  due  thereon,  and  interest,  and  costs  of  sale ;  and  such 
subscriber  shall  be  entitled  to  the  surplus,  if  any  there  be ;  jiro- 
vided,  no  assessment  shall  be  laid  on  any  share  for  any  greater 
amount  than  one  hundred  dollars  in  the  whole  on  each  share,  and 
if  any  greater  amount  of  money  shall  be  necessary  to  complete  said 
railroad,  it  shall  be  raised  by  creating  new  shares,  giving  to  the 
stockholders  in  the  corporation  the  right  to  take  said  shares,  in 
proportion  to  the  shares  by  them  respectively  owned  in  said  cor- 
poration. 

.Sect.  6.  If  the  said  railroad  shall  in  the  course  thereof  intersect 
or  cross  any  private  way,  the  said  corporation  shall  so  construct 
said  railroad  as  not  to  obstruct  the  safe  and  convenient  nse  of  said 
private  way;  and  if  said  railroad  shall  not  be  so  constructed,  the 
owner  of  said  private  way  shall  be  entitled  to  his  reasonable  dam- 
ages for  said  injury,  to  be  recovered  by  action  on  the  case,  to  be 
commenced  within  two  years  from  such  obstruction,  and  not 
afterwards.  And  if  said  railroad  shall,  in  the  course  thereof,  inter- 
sect or  cross  any  canal,  turnpike  road,  or  other  public  highway,  the 
said  railroad  shall  be  so  constructed  as  not  to  obstruct  the  safe  and 
convenient  use  of  such  canal,  turnpike  road,  or  other  highway  ;  and 
the  said  corporation  shall  have  power  to  raise  or  lower  such 
turnpike  road,  highway,    or  private  way,    so  that  the   railroad, 


538  CONCORD   AND   CLAREMONT  RAILROAD. 

may  pass  over  or  under  the  same ;  and  if  said  corporation  shall 
raise  or  lower  such  turnpike  road,  or  highway,  and  shall  not  so 
raise  or  lower  the  same  as  to  be  satisfactory  to  the  proprietors  of 
such  turnpike  road,  or  to  the  selectmen  of  the  towns  in  which  said 
highway  is  situated,  as  the  case  may  be,  said  proprietors  or  select- 
men may  require,  in  writing,  of  said  corporation  such  amendment 
or  alteration  as  they  may  think  necessary ;  and  if  the  amendment 
or  alteration  be  reasonable  and  proper,  in  the  written  opinion  of  the 
road  commissioners  for  the  county  in  which  such  amendment  or 
alteration  is  proposed,  and  the  said  corporation  shall  unreasonably 
and  unnecessarily  neglect  to  make  the  same,  said  proprietors  or 
selectmen,  as  the  case  may  be,  may  proceed  to  make  such  altera- 
tions or  amendments,  and  may  institute  and  prosecute  to  final  judg- 
ment and  execution,  an  action  on  the  case  against  such  corpora- 
tion, and  shall  therein  recover  reasonable  damages  for  all  charges, 
disbursements,  labor,  and  services  occasioned  by  making  such  alter- 
ations and  amendments,  with  costs  of  suit ;  and  said  corporation  shall 
constantly  maintain,  in  good  repair,  all  bridges,  with  their  abut- 
ments and  embankments,  which  it  may  construct  for  the  purpose 
of  conducting  said  railroad  over  any  canal,  turnpike  road,  high- 
way, or  private  way,  or  for  conducting  the  same  over  said  railroad, 
and  in  default  thereof  shall  be  liable  in  an  action  on  the  case,  to 
respond  in  damages  to  any  party  aggrieved ;  and  if  it  shall  be  neces- 
sary to  alter  the  course  of  any  turnpike  road  or  other  highAvay, 
where  the  said  railroad  may  run  upon  or  near  the  same,  or  for  the 
purpose  of  avoiding  or  facilitating  the  crossing  thereof,  such  turn- 
pike road  or  highway  may  be  so  altered,  with  the  approbation  of 
the  road  commissioners  for  the  county,  provided  such  alteration 
will  not,  in  their  opinion,  essentially  injure  said  way. 

Sect.  7.  The  said  company  shall  have  power  to  make,  ordain, 
and  establish  all  such  by-laws,  rules,  regulations,  and  ordinances, 
as  they  shall  deem  expedient  and  necessary  to  accomplish  the 
designs  and  purposes,  and  to  carry  into  effect  the  provisions  of  this 
Act,  and  for  the  well-ordering,  regulating,  and  securing  the  inter- 
ests and  affairs  of  the  company  ;  provided  the  same  be  not  repug- 
nant to  the  constitution  and  laws  of  this  State. 

Sect.  8.  The  annual  meeting  of  the  members  of  said  company 
shall  be  holden  at  such  time  and  place,  in  this  State,  as  the  com- 
pany by  their  by-laws,  or  the  directors,  for  the  time  being,  shall 
appoint,  at  which  meeting  the  directors  shall  be  chosen  by  ballot  ; 
and  the  three  persons  first  named  in  this  Act,  or  any  two  of  them. 


NEW    HAMPSHIRE.  539 

are  hereby  authorized  to  call  the  first  meeting  of  said  company  by 
advertising  the  same  three  weeks  successively  in  a  newspaper 
printed  in  Concord,  in  this  State ;  and  the  directors  are  hereby 
authorized  to  cajl  special  meetings  of  the  stockholders,  v/henever 
they  shall  deem  it  expedient  and  proper,  giving  such  notice  as  the 
company  by  their  by-laws  shall  direct. 

Sect.  9.  If  the  said  corporation  shall  not  have  been  organized, 
and  have  expended  the  sum  of  fifty  thousand  dollars  towards  the 
construction  of  said  railroad,  before  the  first  day  of  December,  in 
the  year  of  our  Lord  one  thousand  eight  hundred  and  fifty,  this 
Act  shall  be  void ;  and  this  Act  shall  be  void  as  to  any  and  every 
portion  of  said  railroad,  which  shall  not  be  completed  and  fit  for 
use  on  or  before  the  first  day  of  December,  in  the  year  of  our  Lord 
one  thousand  eight  hundred  and  fifty-eight. 

Sect.  10.  The  legislature  may  at  any  time  alter,  amend,  or 
repeal  this  Act,  or  any  of  its  provisions,  whenever  in  their  opinion 
the  public  good  may  require  such  alteration,  amendment,  or  repeal. 

Sect.  11.  This  Act  shall  take  effect  from  its  passage.  Approved, 
June  24,  1848. 


CONTOOCOOK  VALLEY  EAILRO.iD. 
INCORPORATED    IN    NEW    HAMPSHIRE    IN    1848. 

Chxtp,  660  of  the  Private  Acts  of  1848  contains  the  Charter. 

Sect.  1  grants  corporate  powers. 

Sect.  2  describes  the  location,  from  any  point  on  tlie  Concord  Railroad  or  Xorthern 
Railroad,  giving  the  right  to  use  said  railroad  by  paying  such  tolls  as  the  Legisla- 
ture may  prescribe,  and  complying  with  the  rules  of  said  companies  ;  authorizes 
this  Company  to  enter  upon  and  use  the  Concord  and  Claremont  Railroad,  subject 
to  its  tolls  and  regulations,  if  that  road  be  first  constructed  ;  or  this  road  to  enter 
upon  and  pass  over  that  road,  if  that  be  first  constructed ;  and  if  said  Corpora- 
tions cannot  agree  as  to  certain  portions  of  the  road  to  be  built  by  each,  the  County 
Commissioners  shall  decide  thereon;  it  restricts  the  right  to  hold  real  estate, 
exclusive  of  that  within  the  limits  of  the  road  and  for  its  construction,  to  5  per 
cent,  on  the  capital  stock. 

Sect.  3  divides  the  capital  stock  into  10,000  shares,  vests  the  government  in  seven 
Directors,  and  provides  for  the  choice  of  oflficers. 

Sect.  4  grants  a  toll,  provided  they  pay  into  the  State  treasury,  each  year,  the  excess 
of  the  net  income  of  the  road  over  10  per  cent,  on  its  cost. 

Sect.  5  defines  the  powers  and  duties  of  the  officers ;  it  authorizes  them  to  make 
equal  assessments  not  exceeding  $100  on  each  share,  to  sell  shares  for  non-pay- 


540  CONTOOCOOK   VALLEY   RAILROAD. 

ment  of  assessments,  after  notice,  and  to  create  new  shares,  if  necessary,  to  be 
distributed  proportionally  among  the  original  stockholders. 

Sect.  6  establishes  the  manner  of  crossing  any  private  way,  highway,  canal,  or  turn- 
pike, giving  any  party  aggrieved  a  right  of  action  within  two  years  from  the  time 
of  the  obstruction  ;  it  requires  them  to  make  alterations,  necessary  in  the  opinion 
of  the  Coimty  Commissioners,  in  crossing  any  highway  or  turnpike,  at  the  written 
request  of  the  Selectmen  of  any  town  or  the  proprietors  of  any  turnpike,  in  neglect 
or  refusal  of  which  they  shall  be  liable  for  damages ;  it  requires  that  they  erect 
and  maintain  all  bridges  over  such  crossings,  and  authorizes  them  to  alter  any 
turnpike  or  highway,  with  the  approbation  of  the  County  Commissioners. 

Sect.  7  empowers  them  to  make  by-laws  not  repugnant  to  the  laws  of  the  State. 

Sect.  8  appoints  the  time  of  the  annual  meeting,  when  Directors  shall  be  chosen  ; 
establishes  the  mode  of  organization,  and  authorizes  special  meetings  to  be  called, 
when  necessary. 

Sect.  9  provides,  if  the  Corporation  shall  not  have  been  organized  and  $100,000 
expended  in  the  construction  of  the  road,  before  December  1,  1852,  that  this  Act 
shall  be  void ;  and  that  it  shall  be  void  as  to  every  part  of  the  road  not  completed 
and  fit  for  use  before  December  1,  1858. 

Sect.  10  reserves  to  the  Legislature  the  power  to  alter  or  repeal  this  Act. 

Sect.  11  directs  that  this  Act  shall  take  effect  from  its  passage. 


Laws  of  1848,  Chap.  660. 
An  Act  to  incorporate  the  Contoocook  Valley  Railroad. 

Sect.  1.  Be  it  enacted,  ($'c.  That  Hamilton  E.  Perkins,  Timothy 
K.  Ames,  Lewis  Smith,  Henry  D.  Pierce,  Luke  Woodbury,  Robert 
Willson,  Joseph  Barnard,  jr.,  Franklin  R.  Fuller,  Cyrus  Barton, 
William  D.  Leavitt,  Nathaniel  B.  Baker,  Henry  Rolfe,  jr.,  Na- 
thaniel H.  Osgood,  Arthur  Fletcher,  Abel  Baker,  Nathaniel  Rolfe, 
Almon  Harris,  Eben  F.  Elliott,  their  associates,  successors,  and 
assigns,  be  and  they  hereby  are  made  a  body  corporate  by  the 
name  of  the  Contoocook  Valley  Railroad,  with  all  the  rights  and 
privileges,  liabilities  and  duties,  by  the  laws  of  this  State  incident 
to  railroad  corporations,  and  necessary  and  proper  to  carry  into 
effect  the  purposes  of  this  Act. 

Sect.  2.  The  said  corporation  is  hereby  authorized  and  era- 
powered  to  locate,  build,  and  maintain  a  railroad  not  exceeding 
six  rods  in  width,  with  necessary  additions  for  cutthigs  and  em- 
bankments, from  any  point  on  the  Concord  Railroad,  or  on  the 
Northern  Railroad,  in  the  town  of  Concord,  and  running  through 
the  intermediate  towns,  to  any  point  in  the  town  of  Peterborough; 
with  the  right  to  use  the  said  railroad,  or  any  part  thereof,  paying 
therefor  such  tolls  as  the  legislature  may  from  time  to  time  pre- 


NEW   HAMPSHIRE.  541 

scribe,  and  complying  with  such  rules  and  regulations  as  said  rail- 
road companies  may  establish  :  Provided,  if  said  Conloocook  Val- 
ley Railroad  shall  be  located  and  constructed  so  as  to  enter  the 
valley  of  the  Contoocook  River  in  the  town  of  Hopkinton,  the 
Concord  and  Claremont  Railroad  having  been  first  located  and 
constructed  from  Hopkinton  to  Concord,  the  said  Contoocook  Val- 
ley Railroad,  shall  have  a  right  to  enter  in  and  upon  said  Concord 
and  Claremont  Railroad,  and  have  a  right  to  use  that  part  between 
said  Hopkinton,  and  the  point  where  it  shall  enter  the  Concord  or 
Northern  Railroad,  subject  to  such  tolls,  by-laws,  and  regulations 
of  said  Concord  and  Claremont  Railroad,  and  such  laws  as  the 
legislature  may  from  time  to  time  prescribe.  And  in  case  the  said 
Contoocook  Valley  Railroad  shall  be  first  located  and  constructed 
within  said  points,  then  and  in  such  case  the  said  Concord  and 
Claremont  Railroad  shall  have  a  similar  right  to  enter  upon  and 
pass  over  the  said  Contoocook  Valley  Railroad,  subject  to  similar 
laws  and  regulations.  And  in  case  the  said  Contoocook  Valley 
Railroad  Company  and  the  said  Concord  and  Claremont  Railroad 
Company  shall  be  unable  to  agree,  which  corporation  shall  construct 
the  part  between  said  Hopkinton  and  the  point  where  the  same 
shall  enter  the  Concord  or  Northern  Railroads  as  aforesaid,  the 
railroad  commissioners  for  the  time  being  shall  determine  which 
corporation  shall  construct  the  same  :  Provided,  said  corporation 
shall  hold  no  more  land  exclusive  of  what  is  within  the  limits  of 
their  road,  and  necessary  for  procuring  stone,  sand,  and  gravel, 
and  for  machine  shops  and  depot  accommodations,  than  shall  be 
worth,  at  the  time  of  its  purchase,  five  per  cent,  on  their  capital 
stock. 

Sect.  3.  The  capital  stock  of  said  corporation  shall  consist  of 
ten  thousand  shares  ;  and  the  immediate  government  and  direction 
of  the  aff"airs  thereof  shall  be  vested  in  seven  directors,  who  shall 
be  chosen  by  the  stockholders,  or  members,  in  the  manner  herein- 
after provided,  and  shall  hold  their  offices  until  others  shall  be  duly 
elected  and  qualified  in  their  stead  ;  and  the  said  directors,  a  ma- 
jority of  whom  shall  form  a  quorum  for  the  transaction  of  business, 
shall  elect  one  of  their  number  to  be  president  of  the  board  and  of 
the  corporation ;  they  shall  also  choose  a  clerk,  who  shall  also  be 
clerk  of  the  corporation,  and  sworn  to  the  faithful  performance  of 
his  duties ;  a  treasurer,  who  shall  give  bond,  with  sureties  to  their 
satisfaction,  for  the  faithful  performance  of  his  trust;  and  such 
other  officers,  agents,  and  servants  as  they  may  deem  expedient; 

46 


542  CONTOOCOOK   VALLEY   RAILROAD. 

fix  their  salaries,  and  generally  shall  have  and  exercise  all  the 
powers  of  the  corporation  for  carrying  into  effect  the  objects  and 
purposes  of  this  Act. 

Sect.  4.  A  toll  is  hereby  granted  to  the  corporation  for  their 
benefit,  on  all  passengers  and  property  which  may  be  transported 
on  said  railroad,  at  such  rates  as  may  from  time  to  time  be  agreed 
on  by  the  directors  :  Provided,  that  in  any  and  every  year  when 
the  net  receipts  from  the  use  of  said  road  shall  exceed  the  average 
of  ten  per  cent,  per  annum  from  the  commencement  of  their  opera- 
tions, the  excess  shall  be  paid  into  the  treasury  of  the  State,  until 
otherwise  ordered  by  the  legislature. 

Sect.  5.  The  president  and  directors  for  the  time  being  are 
authorized  and  empowered,  by  themselves  or  their  agents,  to  exer- 
cise all  the  powers  hereby  granted  to  the  corporation,  for  the  pur- 
pose of  constructing  and  completing  their  railroad,  and  for  the 
transportation  of  persons,  goods,  and  merchandise  thereon,  and  all 
such  other  power  and  authority,  for  the  management  of  the  affairs 
of  the  corporation,  not  heretofore  granted,  as  may  be  necessary 
and  proper  to  carry  into  effect  the  object  of  this  grant ;  to  purchase 
land,  materials,  engines,  cars,  depot  buildings,  machine  shops,  and 
other  things,  in  the  name  of  the  corporation,  for  the  use  of  the 
railroad,  and  the  transportation  of  persons,  goods,  and  merchan- 
dise ;  to  make  such  equal  assessments  from  time  to  time  on  all  the 
shares  in  said  corporation,  as  they  may  deem  expedient  and  neces- 
sary, in  the  execution  and  progress  of  the  work,  and  direct  the 
same  to  be  paid  to  the  treasurer  of  the  corporation,  and  the  trea- 
surer shall  give  notice  of  said  assessments,  and  if  any  subscriber 
shall  neglect,  for  sixty  days  after  such  notice,  to  pay  his  assess- 
ment, the  directors  may  order  the  treasurer  to  sell  his  share  or 
shares  at  public  auction,  due  notice  thereof  being  given,  to  the 
highest  bidder,  and  the  same  shall  be  transferred  to  the  purchaser, 
and  such  delinquent  subscriber  shall  be  held  accountable  to  the 
company  for  the  balance,  if  his  share  or  shares  shall  sell  for  less 
than  the  assessment  or  assessments  due  thereon,  and  interest,  and 
costs  of  sale,  and  such  subscriber  shall  be  entitled  to  the  surplus, 
if  any  there  be  ;  Provided,  no  assessment  shall  be  laid  on  any  share 
for  any  greater  amount  than  one  hundred  dollars  in  the  whole  on 
each  share,  and  if  any  greater  amount  of  money  shall  be  necessary 
to  complete  said  railroad,  it  shall  be  raised  by  creating  new  shares, 
giving  to  the  stockholders  in  the  corporation  the  right  to  take  said 
shares,  in  proportion  to  the  shares  by  them  respectively  owned  in 
said  corporation. 


NEW   HAMPSHIRE.  543 

Sect.  6.  If  the  said  railroad  shall,  in  the  course  thereof,  intersect 
or  cross  any  private  way,  the  said  corporation  shall  so  construct 
said  railroad,  as  not  to  obstruct  the  safe  and  convenient  use  of  said 
private  way ;  and  if  said  railroad  shall  not  be  so  constructed,  the 
owner  of  said  private  way  shall  be  entitled  to  his  reasonable  dam- 
ages for  said  injury,  to  be  recovered  by  action  on  the  case,  to  be 
commenced  within  two  years  from  such  obstruction,  and  not  after- 
wards ;  and  if  said  railroad  shall  in  the  course  thereof  intersect 
or  cross  any  canal,  turnpike  road,  or  other  public  highway,  the 
said  raih'oad  shall  be  so  constructed  as  not  to  obstruct  the  safe 
and  convenient  use  of  such  canal,  turnpike  road,  or  other  high- 
way ;  and  the  said  corporation  shall  have  power  to  raise  or  lower 
such  turnpike  road,  highway,  or  private  way,  so  that  the  railroad 
may  pass  over  or  under  the  same ;  and  if  said  corporation  shall 
raise  or  lower  such  turnpike  road  or  highway,  and  shall  not  so 
raise  or  lower  the  same  as  to  be  satisfactory  to  the  proprietors  of 
such  turnpike  road,  or  to  the  selectmen  of  the  towns  in  which  said 
highway  is  situated,  as  the  case  may  be,  said  proprietors  or  select- 
men may  require,  in  writing,  of  said  corporation,  such  amendment 
or  alteration  as  they  may  think  necessary,  and  if  the  amendment 
or  alteration  be  reasonable  and  proper,  in  the  written  opinion  of 
the  road  commissioners  for  the  county  in  which  such  amendment 
or  alteration  is  proposed,  and  the  said  corporation  shall  not  (7) 
unreasonably  and  unnecessarily  neglect  to  make  the  same,  said 
proprietors  or  selectmen,  as  the  case  may  be,  may  proceed  to  make 
such  alterations  or  amendments,  and  may  institute  and  prosecute 
to  final  judgment  and  execution  an  action  on  the  case  against  such 
corporation ;  and  shall  therein  recover  reasonable  damages  for  all 
charges,  disbursements,  labor,  and  services,  occasioned  by  making 
such  alterations  and  amendments,  with  costs  of  suit ;  and  said  cor- 
poration shall  constantly  maintain  in  good  repair,  all  bridges,  with 
their  abutments  and  embankments,  which  it  may  construct  for  the 
purpose  of  conducting  said  railroad  over  any  canal,  turnpike  road, 
highway,  or  private  way,  or  for  conducting  the  same  over  said  rail- 
road, and  in  default  thereof,  shall  be  liable  in  an  action  on  the  case 
to  respond  in  damages  to  any  party  aggrieved  ;  and  if  it  shall  be 
necessary  to  alter  the  course  of  any  turnpike  road  or  other  high- 
way, where  the  said  railroad  may  run  upon  or  near  the  same,  or 
for  the  purpose  of  avoiding  or  facilitating  the  crossing  thereof,  such 
turnpike  road  or  highway  may  be  so  altered,  with  the  approbation 
of  the  road  commissioners  for  the  county,  provided  such  alteration 
will  notj  in  their  opinion,  essentially  injure  said  way. 


544  CONTOOCOOK    VALLEY   RAILROAD. 

Sect.  7.  The  said  company  shall  have  power  to  make,  ordain, 
and  estabhsh  all  such  by-laws,  rules,  regulations,  and  ordinances,  as 
they  shall  deem  expedient  and  necessary  to  accomplish  the  designs 
and  purposes,  and  to  carry  into  effect  the  provisions,  of  this  Act, 
and  for  the  well  ordering,  regulating,  and  securing  the  interests 
and  affairs  of  the  company  ;  provided  the  same  be  not  repugnant 
to  the  constitution  and  laws  of  this  State. 

Sect.  8.  The  annual  meeting  of  the  members  of  said  company 
shall  be  holden  at  such  time  and  place  in  this  State,  as  the  com- 
pany by  their  by-laws,  or  the  directors  for  the  time  being,  shall 
appoint,  at  which  meeting  the  directors  shall  be  chosen  by  ballot ; 
and  the  three  persons  first  named  in  this  Act,  or  any  two  of  them, 
are  hereby  authorized  to  call  the  first  meeting  of  said  company  by 
advertising  the  same  three  weeks  successively  in  a  newspaper  printed 
in  Concord,  in  this  State ;  and  the  directors  are  hereby  authorized 
to  call  special  meetings  of  the  stockholders,  when  they  shall  deem 
it  expedient  and  proper,  giving  such  notice  as  the  company  by  their 
by-laws  shall  direct. 

Sect.  9.  If  the  said  corporation  shall  not  have  been  organized, 
and  have  expended  the  sum  of  one  hundred  thousand  dollars  to- 
wards the  construction  of  said  railroad,  before  the  first  day  of  De- 
cember, in  the  year  of  our  Lord  one  thousand  eight  hundred  and 
fifty-two,  this  Act  shall  be  void  ;  and  this  Act  shall  be  void  as  to 
any  and  every  portion  of  said  railroad  which  shall  not  be  com- 
pleted and  fit  for  use,  on  or  before  the  first  day  of  December,  in 
the  year  of  our  Lord  one  thousand  eight  hundred  and  fifty-eight. 

Sect.  10.  The  legislature  may  at  any  time  alter,  amend,  or 
repeal  this  Act,  or  any  of  its  provisions,  whenever  in  their  opinion 
the  public  good  may  require  such  alteration,  amendment,  or 
repeal. 

Sect.  1L  This  Act  shall  take  effect  from  its  passage.  Apjproved^ 
June  24,  1S48. 


NEW  HAMPSHIIIE.  545 


CONNECTICUT  HIYER   RAILROAD    CO^IPANY. 

INCORPORATED    IN    NEW   HAMPSHIRE    IN    1848. 
Chapter  661  of  the  Private  Acts  of  1848  contavis  the  ChaHer. 

Sect.  1  grants  corporate  po\yers. 

Sect.  2  describes  the  route,  from  a  point  on  the  Cheshire  Railroad,  with  one  or  more 
branch  railroads  from  the  main  road,  and  authorizes  them  to  enter  with  their 
road  upon  the  Cheshire  Railroad,  by  paying  therefor  such  rates  of  toll  as  the 
Legislature  may  prescribe,  and  complying  with  the  regulations  of  said  Company ; 
it  also  authorizes  them  to  build  a  bridge  across  Connecticiit  River  so  as  not 
unnecessarily  to  impede  navigation,  and  restricts  the  right  to  hold  real  estate, 
exclusive  of  that  within  the  limits  of  the  road  and  for  its  construction,  to  5  per 
cent,  on  the  capital  stock. 

Sect.  3  divides  the  capital  stock  into  not  less  than  3000  nor  more  than  6000  shares, 
vests  the  government  in  seven  Directors,  and  provides  for  the  choice  of  officers. 

Sect.  4  grants  a  toll,  provided  they  pay  into  the  State  treasury,  each  year,  the  excess 
of  the  net  income  of  the  road  over  10  per  cent,  on  its  cost. 

Sect.  5  defines  the  powers  and  duties  of  the  officers,  and  authorizes  them  to  make 
equal  assessments  not  exceeding  $100  on  each  share,  to  sell  shares  for  non-pay- 
ment of  assessments,  and  to  create  new  shares,  if  necessarj',  to  be  divided  propor- 
tionally among  the  original  stockholders. 

Sect.  6  establishes  the  mode  of  crossing  anjiprivate  way,  highway,  canal,  or  turn- 
pike, giving  any  party  aggrieved  a  right  of  action,  within  two  years  from  the  time 
of  the  obstruction  ;  it  requires  them  to  make  alterations  in  any  highway  or  turn- 
pilvc,  necessary  in  the  opinion  of  the  Coimty  Commissioners,  at  the  written  request 
of  the  Selectmen  of  any  town  or  the  proprietors  of  any  turnpike,  in  neglect  or 
refusal  of  which  they  shall  be  liable  to  damages ;  it  requires  them  to  erect  and 
maintain  bridges  over  any  such  crossing,  in  default  thereof  being  liable  to  dama- 
ges, and  authorizes  them  to  make  alterations  in  any  highway  or  turnpike,  with 
the  approbation  of  the  County  Commissioners. 

Sect.  7  provides,  if  the  Corporation  shall  not  have  been  organized  and  $100,000 
have  been  expended  in  the  construction  of  the  road  before  December  1,  1849,  that 
this  Act  shall  be  void ;  and  that  it  shall  be  void  as  to  every  part  of  the  road  not 
completed  and  fit  for  use  before  December  1,  1856. 

Sect.  8  reserves  to  the  State  the  right,  after  twenty  years  from  the  completion  of 
the  road,  to  purchase  the  franchise  and  property  of  the  Company,  by  paying  the 
cost  of  the  road,  and  such  sum  as  with  its  net  income  shall  equal  10  per  cent,  on 
its  cost. 

Sect.  9  directs  the  mode  of  organization,  appoints  the  time  of  the  annual  meeting, 
and  authorizes  special  meetings  to  be  called,  if  necessarj'. 

Sect.  10  provides  that  the  Legislature  may  alter  or  repeal  this  Act. 

Sect.  11  directs  that  this  Act  shall  take  effect  from  its  passage. 

46* 


546  CONNECTICUT   RIVER   RAILROAD    COMPANY. 


Chapter  775  of  the  Private  Acts  of  1848  contains  an  additionl  Act. 

Sect.  1  amends  section  2  of  the  charter. 

Sect.  2  extends  the  time,  limited  in  section  7  of  the  charter  for  expending  $100,000 
towards  constructing  the  road,  to  December  1,  1850. 

Chapter  910  of  the  Private  Acts  of  1849  contains  an  Act  in  addition  to  the  foregoing  Acts, 

Sect.  1  extends  the  time  limited  in  section  7  of  the  charter,  for  expending  $100,000 

in  the  construction  of  the  raihoad,  to  December  1,  1852. 
Sect.  2  authorizes  this  Company  to  contract  with  any  Railroad  Company  in  this 

State,  Vermont,  or  Massachusetts,  for  leasing  or  running  their  railroad,  and  to 

connect  with  such  Company. 


Laws  of  1848,  Chap.  661. 
An  Act  to  incorporate  the  Connecticut  River  Railroad  Company. 

Sect.  1.  Be  it  enacted,  ^'c.  That  Ephraim  Holland,  David 
Buffum,  Abel  Bellows,  George  Huntington,  Otis  Bardvvell,  Jere- 
miah Kittredge,  George  W.  Grant,  Henry  Hubbard,  Larkin  Baker, 
Tileston  A.  Barker,  Sitneon  Cobb,  Oscar  CooJidge,  Otis  Aniidon, 
Ashbel  Wheeler,  Levi  Green,  and  Jonathan  Brown,  their  associ- 
ates, successors,  and  assigns,  be  and  they  hereby  are  made  a  body 
corporate,  by  the  name  of  the  Connecticut  River  Railroad  Com- 
pany, with  all  the  rights  and  privileges,  liabilities  and  duties,  by 
the  laws  of  this  State  incident  to  railroad  corporations,  and  neces- 
sary and  proper  to  carry  into  eflect  the  purposes  of  this  Act. 

Sect.  2.  The  said  corporation  is  hereby  authorized  and  em- 
powered to  locate,  build,  and  maintain  a  railroad,  not  exceeding 
six  rods  in  width,  with  necessary  additions  for  cuttings  and  em- 
bankments, from  a  point  on  the  Cheshire  Railroad,  in  the  south 
part  of  Walpole,  or  north  part  of  Westmoreland,  convenient  for 
connecting  with  said  Cheshire  Railroad,  through  said  south  part 
of  Walpole  and  Westmoreland,  or  said  Westmoreland  and  the 
towns  of  Chesterfield,  Hinsdale,  and  Winchester,  to  the  south  line 
of  the  State,  with  one  or  more  branch  railroads  from  the  main 
road  to  some  point  or  points  on  the  western  boundary  of  the  State, 
in  the  towns  aforesaid,  and  to  enter  upon  that  part  of  said  Cheshire 
Railroad,  lying  north  of  said  point  of  intersection,  paying  for  the 


I 


NEW  HAMPSHIRE.  547 

right  to  use  the  same,  or  any  part  thereof,  such  a  rate  of  toll  as 
the  legislature  may  from  time  to  time  prescribe,  and  complying 
with  such  rules  and  regulations  as  may  be  established  by  said 
Cheshire  Railroad  Corporation,  subject  to  the  revision  of  the  legis- 
lature. And  the  said  corporation  is  hereby  authorized  and  em- 
powered to  construct  a  bridge  or  bridges  across  the  waters  of  the 
Connecticut  River,  within  the  limits  of  this  grant,  provided  said 
bridge  or  bridges  be  so  constructed  as  not  unnecessarily  to  impede 
the  navigation  of  said  river ;  and  provided  that  said  corporation 
shall  hold  no  more  laud,  exclusive  of  what  is  wiihin  the  limits  of 
their  road,  and  necessary  for  procuring  stones,  sand,  and  gravel, 
and  for  machine  shops  and  depot  accommodations,  than  shall  be 
worth,  at  the  time  of  its  purchase,  five  per  cent,  on  their  capital 
stock. 

Sect.  3.  The  capital  stock  of  said  company  shall  consist  of  not 
less  than  three  thousand  nor  more  than  six  thousand  shares ;  and 
the  immediate  government  and  direction  of  the  afiairs  thereof  shall 
be  vested  in  seven  directors,  who  shall  be  chosen  by  the  stock- 
holders or  members  in  the  manner  hereinafter  provided,  and  shall 
hold  their  offices  until  others  shall  be  duly  elected  and  qualified  to 
act  in  their  stead,  and  the  said  directors,  a  majority  of  whom  shall 
form  a  quorum  for  the  transaction  of  business,  shall  elect  one  of 
their  number  to  be  president  of  the  board,  and  of  the  corporation  ; 
they  shall  also  choose  a  clerk,  who  shall  also  be  clerk  of  the  cor- 
poration, and  sworn  to  the  faithful  performance  of  his  duties;  a 
treasurer,  who  shall  give  bond,  with  sureties  to  their  satisfaction, 
for  the  faithful  performance  of  his  trust ;  and  such  other  officers, 
agents,  and  servants  as  they  may  deem  expedient ;  fix  their  salaries, 
and  generally  shall  have  and  exercise  all  the  powers  of  the  cor- 
poration, for  carrying  into  effect  the  objects  and  purposes  of  this 
Act. 

Sect.  4.  A  toll  is  hereby  granted  to  the  corporation  for  their 
benefit,  on  all  passengers  and  property  which  may  be  transported 
on  such  railroad,  at  such  rates  as  may  from  time  to  time  be  agreed 
on  by  the  directors  :  provided,  that  in  any  and  every  year,  when 
the  net  receipts  from  the  use  of  said  road  shall  exceed  the  average 
of  ten  per  cent,  per  annum,  from  the  commencement  of  their  opera- 
tions, the  excess  shall  be  paid  into  the  treasury  of  the  State,  until 
otherwise  ordered  by  the  legislature. 

Sect.  5.  The  president  and  directors  for  the  time  being  are 
authorized  and  empowered,  by  themselves  or  their  agents,  to  exer- 


548  CONNECTICUT   RIVER   RAILROAD    COMPANY. 

cise  all  the  powers  herein  granted  to  the  corporation,  for  the  pur- 
pose of  constructing  and  completing  their  railroad,  and  for  the 
transportation  of  persons,  goods,  and  merchandise  thereon,  and  all 
such  other  power  and  authority  for  the  management  of  the  affairs 
of  the  corporation,  not  heretofore  granted,  as  may  be  necessary  and 
proper  to  carry  into  effect  the  object  of  this  grant;  to  purchase  land, 
materials,  engines,  cars,  depot  buildings,  machine  shops,  and  other 
things,  in  the  name  of  the  corporation,  for  the  use  of  the  railroad 
and  the  transportation  of  persons,  goods,  and  merchandise ;  to 
make  such  equal  assessments  from  time  to  time  on  all  the  shares 
in  said  corporation,  as  they  may  deem  expedient  and  necessary,  in 
the  execution  and  progress  of  the  work,  and  direct  the  same  to  be 
paid  to  the  treasurer  of  the  corporation,  and  the  treasurer  shall  give 
notice  of  said  assessments;  and  if  any  subscriber  shall  neglect,  for 
sixty  days  after  such  notice,  to  pay  his  assessment,  the  directors 
may  order  the  treasurer  to  sell  his  share  or  shares  at  public  auction, 
due  notice  thereof  being  given,  to  the  highest  bidder,  and  the 
same  shall  be  transferred  to  the  purchaser;  and  such  delinquent 
subscriber  shall  be  held  accountable  to  the  corporation  for  the  bal- 
ance, if  his  share  or  shares  shall  sell  for  less  than  the  assessments 
due  thereon,  with  interest  and  costs  of  sale;  and  shall  be  entitled 
to  the  overplus,  if  any  there  be;  provided,  that  no  assessment  shall 
be  laid  on  any  share  for  any  greater  amount  than  one  hundred  dol- 
lars, in  the  whole,  on  each  share;  and  if  any  greater  amount  of 
money  shall  be  necessary  to  complete  said  railroad,  it  shall  be  raised 
by  creating  new  shares,  giving  to  the  stockholders  in  the  corpora- 
tion the  right  to  take  said  shares,  in  proportion  to  the  shares  by 
them  respectively  owned  in  said  corporation. 

Sect.  6.  If  the  said  railroad  shall  in  the  course  thereof,  inter- 
sect or  cross  any  private  way,  the  said  corporation  shall  so  con- 
struct said  railroad  as  not  to  obstruct  the  safe  and  convenient 
use  of  said  private  way;  and  if  said  railroad  shall  not  be  so  con- 
structed, the  owner  of  said  private  way  shall  be  entitled  to  his 
reasonable  damages  for  said  injury,  to  be  recovered  by  action  on 
the  case,  to  be  commenced  within  two  years  from  such  obstruction, 
and  not  afterwards  ;  and  if  said  railroad  shall,  in  the  course  thereof, 
intersect  or  cross  any  canal,  turnpike  road,  or  other  public  high- 
way, the  said  railroad  shall  be  [soj  constructed  as  not  to  obstruct 
the  safe  and  convenient  use  of  such  canal,  turnpike  road,  or  other 
highway;  and  the  said  corporation  shall  have  power  to  raise  or 
lower  such  turnpike  road,  highway,  or  private  way,  so  that  the 


NEW   HAMPSHIRE.  549 

railroad  may  pass  over  or  under  the  same  ;  and  if  said  corporation 
shall  raise  or  lower  such  turnpike  road,  or  highway,  and  shall  not 
so  raise  or  lower  the  same  as  to  be  satisfactory  to  the  proprietors 
of  such  turnpike  road,  or  to  the  selectmen  of  the  towns  in  which 
said  highway  is  situated,  as  the  case  may  be,  said  proprietors  or 
selectmen  may  require,  in  writing,  of  said  corporation,  such  amend- 
ment or  alteration  as  they  may  think  necessary,  and  if  the  amend- 
ment or  alteration  be  reasonable  and  proper,  in  the  written  opinion 
of  the  road  commissioners  for  the  county  in  which  such  amend- 
ment or  alteration  is  proposed,  and  the  said  corporation  shall  unrea- 
sonably and  unnecessarily  neglect  to  make  the  same,  said  proprie- 
tors or  selectmen,  as  the  case  may  be,  may  proceed  to  make  such 
alterations  or  amendments,  and  may  institute,  and  prosecute  to 
final  judgment  and  execution,  an  action  on  the  case  against  such 
corporation,  and  shall  therein  recover  reasonable  damages,  for  all 
charges,  disbursements,  labor,  and  services,  occasioned  by  making 
such  alterations  and  amendments,  with  costs  of  suit ;  and  said  cor- 
poration shall  constantly  maintain,  in  good  repair,  all  bridges,  with 
their  abutments  and  embankments,  which  it  may  construct  for  the 
purpose  of  conducting  said  railroad  over  any  canal,  turnpike  road, 
highway,  or  private  way,  or  for  conducting  the  same  over  said 
railroad,  and  in  default  thereof,  shall  be  liable,  in  an  action  on  the 
case,  to  respond  in  damages  to  any  party  aggrieved  ;  and  if  it  shall 
be  necessary  to  alter  the  course  of  any  turnpike  road  or  other 
highway,  where  the  said  railroad  may  run  upon  or  near  the  same, 
or  for  the  purpose  of  avoiding  or  facilitating  the  crossing  thereof, 
such  turnpike  road  or  highway  may  be  so  altered,  with  the  appro- 
bation of  the  road  commissioners  for  the  county,  provided  such 
alteration  will  not,  in  their  opinion,  essentially  injure  said  way. 

Sect.  7.  If  the  said  corporation  shall  not  have  been  organized, 
and  have  expended  the  sum  of  one  hundred  thousand  dollars 
towards  the  construction  of  said  railroad,  before  the  first  day  of 
December,  in  the  year  of  our  Lord  one  thousand  eight  hundred  and 
forty-nine,  this  Act  shall  be  void ;  and  this  Act  shall  be  void  as  to 
any  and  every  portion  of  said  railroad,  which  shall  not  be  com- 
pleted and  fit  for  use  on  or  before  the  first  day  of  December,  in 
the  year  of  our  Lord  one  thousand  eight  hundred  and  fifty-six. 

Sect.  8.  The  State,  at  any  time  during  the  charter  of  the  cor- 
poration hereby  created,  after  the  expiration  of  twenty  years  from 
the  time  of  the  completion  of  said  road,  may  purchase  the  same 
of  said  corporation,  and  all  the  franchise  rights  and  privileges  of 


550  CONNECTICUT   RIVER   RAILROAD    COMPANY. 

said  corporation,  by  paying  them  therefor  the  amount  expended  in 
making  said  road ;  and  in  case,  at  the  time  of  purchase,  the  said 
corporation  shall  not  have  received  a  net  income  equal  to  ten  per 
cent,  per  annum  on  the  amount  of  such  expenditure,  from  the  time 
of  the  payment  thereof  by  the  stockholders,  by  paying  said  cor- 
poration such  additional  sum  as,  together  with  the  tolls  and  profits 
of  every  kind  which  they  shall  have  received  from  said  railroad, 
will  be  equal  to  a  net  profit  of  ten  per  cent,  per  annum  on  the  cost 
of  said  road,  from  the  time  of  payment  thereof  by  the  stockhold- 
ers, to  the  time  of  purchase. 

Sect.  9.  Ephraim  Holland,  David  Buffum  and  Abel  Bellows,  or 
either  two  of  them,  shall  call  the  first  meeting  of  the  grantees,  by 
giving  personal  notice  thereof,  or  by  advertising  the  same  three 
weeks  successively  in  a  newspaper  printed  in  Keene.  The  annual 
meeting  of  the  corporation,  for  the  choice  of  directors,  shall  be 
holden  at  such  time  and  place  in  this  State  as  may  be  provided  by 
the  by-laws,  and  the  directors  may  call  special  meetings  of  the 
corporation,  whenever  they  shall  deem  it  expedient,  giving  such 
notice  as  the  by-laws  may  direct. 

Sect.  10.  The  legislature  may  alter,  amend,  or  repeal  this 
charter  or  any  of  its  provisions. 

Sect.  11.  This  Act  shall  be  in  force  from  its  passage.  Aji- 
proved^  June  20,  1848. 

Laws  of  1848,  Chap.  775. 

An  Act  in  amendment  of  an  Act  passed  June  20,  1848,  to  incorporate  th.e  Connecti- 
cut River  EaUroad  Company. 

Sect.  1.  Be  it  enacted,  6^c.  That  said  Act  be  and  hereby  is 
amended,  by  inserting  after  the  word  legislature,  at  the  end  of  the 
first  paragraph  of  the  second  section,  the  following  proviso,  viz. : 
Provided,  however,  that  said  Connecticut  River  Railroad  Company 
shall  not  enter  upon  said  Cheshire  Railroad  with  any  motive  power, 
unless  said  Cheshire  Railroad  Company  shall  refuse  to  draw,  over 
the  part  of  tlieir  road  aforesaid,  the  cars  of  said  Connecticut  River 
Railroad  Company. 

Sect.  2.  The  time  limited  in  the  seventh  section  of  said  Act,  for 
the  expenditure  of  the  sum  of  one  hundred  thousand  dollars  towards 
the  construction  of  said  railroad,  is  hereby  extended  to  the  first  day 
of  December,  in  the  year  of  our  Lord  one  thousand  eight  hundred 
and  fifty.     Approved,  Dec.  29,  1848. 


NEW    HAMPSHIRE.  551 


Laws  of  1849,  Chap.  910. 

An  Act  in  addition  to  an  Act  i:)assed  June  20,  1848,  to  incorporate  the  Connecticut 

Kiver  Railroad  Company. 

Sect.  1.  Be  it  enacted^  «|*c.  That  the  time  limited  in  the  seventh 
section  of  said  Act,  for  the  expenditure  of  the  sum  of  one  hundred 
thousand  dollars  towards  the  construction  of  said  railroad,  is 
hereby  extended  to  the  first  day  of  December,  in  the  year  of  our 
Lord  one  thousand  eight  hundred  and  fifty-two. 

Sect.  2.  Said  Connecticut  River  Railroad  Company  may  con- 
tract with  any  railroad  company  of  the  State  of  Vermont,  or  Massa- 
chusetts, or  of  this  State,  for  leasing  or  running  their  road,  or  any 
part  thereof,  and  may  connect  with  any  such  railroad,  on  such 
terms  as  shall  be  mutually  agreed  on  by  the  corporations  interested 
in  such  connection.     Approved^  July  3,  1849. 


NEW  HAMPSHIRE   CENTRAL   RAILROAD. 

INCORPORATED    IN   NEW   HAMPSHIRE    IN    1848. 

Chapter  662  of  the  Laics  of  1848  contains  the  Charter. 

Sect.  1  grants  corporate  powers,  restricting  the  right  to  hold  real  estate,  exclusive  of 
that  within  the  limits  of  the  road,  and  for  its  construction,  to  5  per  cent,  on  the 
capital  stock. 

Sect.  2  describes  the  route,  from  ^Manchester  to  connect  with  the  Sullivan  Railroad 
or  a  branch  thereof,  at  or  near  Claremont ;  it  authorizes  this  Company  to  enter 
upon  and  use  said  Sullivan  RaUroad,  by  paying,  therefor  such  toll  as  the  Legisla- 
ture may  prescribe,  or  they  may  agree  upon,  and  by  complying  -with  said  Com- 
pany's regulations ;  and  provides  that  this  Company  may  use  any  road  at 
Manchester  or  the  intermediate  places,  and  shall  be  used  in  like  manner  by  them  ; 
it  authorizes  this  Company  to  construct  for  its  sole  use,  a  bridge  across  Merrimac 
River,  so  as  not  to  impede  navigation,  and  requires  them  to  keep  their  engines 
and  cars  in  good  repair,  and  run  them  each  way,  at  least  once  a  day,  Sundays 
excepted. 

Sect.  3  divides  the  capital  stock  into  20,000  shares,  vests  the  government  in  seven 
Directors,  and  provides  for  the  choice  of  ofRcers. 

Sect.  4  grants  a  toll,  provided  they  pay  into  the  State  treasury  each  year,  the  excess 
of  the  net  income  of  the  road  over  10  per  cent  on  its  cost. 

Sect.  5  defines  the  powers  and  duties  of  the  officers,  and  authorizes  them  to  make 
equal  assessments  not  exceeding  $100  on  each  share,  to  sell  shares  for  non-pay- 
ment of  assessments,  after  notice,  and  to  create  new  shares,  if  necessary,  to  be 
distributed  proportionally  among  the  original  stockholders. 


552  NEW   HAMPSHIRE   CENTRAL    RAILROAD. 

Sect.  6  establish.es  the  manner  of  crossing  any  private  "way,  highway,  canal,  or  turn- 
pike, giving  any  party  aggrieved  a  right  of  action  within  two  years  from  the  time 
of  the  obstruction ;  it  requires  them  to  make  alterations  in  crossing  any  highway 
or  turnpike  necessary  in  the  opinion  of  the  County  Commissioners,  at  the  written 
request  of  the  Selectmen  of  any  town  or  the  proprietors  of  any  turnpike,  in  neg- 
lect or  refusal  of  which  they  shall  be  liable  to  damages  ;  it  also  requires  that  they 
erect  and  maintain  a  bridge  over,  or  gates  on  each  side  of  a  highway  which  they 
cross  or  intersect,  in  default  thereof  being  liable  to  damages,  and  that  they  main- 
tain all  other  bridges. 

Sect.  7  provides  that,  if  one  half  of  the  capital  stock  shall  not  have  been  subscribed 
for  and  the  Corporation  organized  before  January  1,  ISoo,  and  $100,000  have  been 
expended  in  the  construction  of  the  road  before  January  1,  1856,  this  Act  shall  be 
void ;  and  that  it  shall  be  void  as  to  every  part  of  the  road  not  completed  and  fit 
for  use  before  January  1,  1860. 

Sect.  8  appoints  the  time  of  the  annual  meeting,  when  Directors  shall  be  chosen, 
authorizes  them  to  call  special  meetings,  if  necessary,  and  directs  the  mode  of 
organization. 

Sect.  9  directs  that  expenses  of  survey  and  for  other  purposes  relating  to  the  road 
shall,  when  audited,  constitute  a  charge  against  the  Corporation. 

Sect.  10  makes  this  Act  subject  to  the  laws  respecting  Railroads  and  Corporations. 

Sect.  11  reserves  to  the  Legislature  the  power  to  alter  or  repeal  this  Act. 

Sect.  12  authorizes  this  Company  to  use  "An  Act  to  incorporate  the  Goffsto-s^-n  and 
Manchester  Kaikoad  Company"  or  to  make  arrangements  with  them. 

Chapter  909  of  the  Private  Acts  of  1849,  contains  an  Act  in  addition  to  said  Act. 

Sect.  1  declares  the  corporate  name  to  be  "  The  New  Hampshire  Central  Ilailroal 
Company,"  and  limits  the  width  of  the  road  to  six  rods,  except  when  necessary 
for  cuttings  or  embankments. 

Sect.  2  authorizes  the  Company  to  construct  their  road  through  Warren,  but  forbids 
their  making  any  material  deviation  from  the  course  shown  in  the  charter. 

Sect.  3  provides  that  this  Act  shall  take  effect  immediately. 


Laws  of  1848,  Cn-iP.  662. 
An  Act  to  incorporate  the  New  Hampshire  Central  Railroad. 

Sect.  1.  Be  it  enacted,  <yc.  That  David  Steele,  Harvey  Hun- 
toon,  M.  W.  Tappan,  Richard  H.  Ayer,  Bard  P.  Paige,  William  P. 
Riddle,  David  Cross,  Lewis  Smith,  Daniel  Carr,  Jonas  Wallace, 
Moses  Fellows,  Hiram  Bell,  Jesse  Carr,  William  Whittle,  John  M. 
Parker,  Perry  Richards,  Hiram  Simonds,  Moses  Peasley,  Daniel 
Page,  jr.,  Moses  Sawyer,  William  Woodbury,  Jeremiah  P.  Ray- 
mond. Jacob  Straw,  Page  Eaton,  Robert  Wallace,  James  Straw, 
Lot  Wiggin,  Joel  How,  Samuel  Jones,  Bartholomew  Smith,  John  W. 
Morse,  Moses  E.  Baxter,  Jason  H.  Ames,  Moses  D.  Wadley,  John  D. 


NEW   HAMPSHIRE.  553 

Wadleigh,  Eli  Dodge,  Silas  Bartlett,  Giles  Bartlett,  Jesse  Carr,  of 
Newbury,  Bailey  Pillsbury,  William  W.  Eastman,  Hiram  Sargent, 
Seth  Richardson,  Bela  Nettleton,  S.  M.  Wheeler,  Amasa  Edes, 
Amos  Little,  John  Wilcox,  Alvin  Hatch,  Nathan  White,  Nathan 
Mudgett,  Oliver  Booth,  Virgil  Chase,  John  Gunnison,  Samuel 
Tutherly,  William  Young,  John  Andrew,  Amos  Morse,  Moses  F. 
Knowlton,  Hiram  Blanchard,  Josiah  Morse,  Levi  Morrill,  William 
Martin,  Carlos  Cooledge,  Allen  Wardner,  Samuel  H.  Price,  A.  C. 
Jennings,  Amasa  Hall,  Paul  J.  Wheeler,  Lemuel  P.  Cooper,  Reu- 
ben G.  Andrew,  Enoch  Sweatt,  George  Jones,  Horace  Gibson, 
Alfred  Story,  Weare  Tappan,  Urial  Dean,  A.  B.  Williamson, 
Albro  Blodgett,  and  John  J.  Prentiss,  their  associates,  successors, 
and  assigns,  shall  be  and  are  hereby  made  a  body  politic  and  corpo- 
rate, by  the  name  of  the  New  Hampshire  [Central]  Railroad  Com- 
pany, and  by  that  name  may  sue  and  be  sued,  prosecute  and  be 
prosecuted  to  final  judgment  and  execution,  and  hereby  are  vested 
with  all  the  powers  necessary  and  proper  to  carry  into  effect  the 
purposes  and  objects  of  this  Act ;  but  shall  hold  no  more  land  at 
any  one  time,  exclusive  of  that  within  the  limits  of  the  road,  and 
land  purchased  to  procure  stone,  sand,  and  gravel,  than  shall  be 
worth  at  the  time  of  its  purchase,  five  per  cent,  of  the  capital 
stock  of  the  company. 

Sect.  2.  The  said  company  are  hereby  authorized  and  empow- 
ered to  construct,  and  finally  complete  for  public  use,  and  keep  in 
use,  a  railroad  from  any  point  in  the  city  of  Manchester,  thence 
through  the  towns  of  Bedford,  Goffstown,  New  Boston,  Weare, 
Henniker,  Bradford,  Newbury,  Wendell,  Newport,  to  Claremont, 
and  thence  to  connect  at  the  most  convenient  point  with  the  Sulli- 
van Railroad,  or  a  branch  thereof,  at  or  near  the  village  of  Clare- 
mont; and  if  the  said  Sullivan  Railroad  Company  shall  not  con- 
struct their  road,  or  a  branch  of  the  same,  to  said  village  in  Clare- 
mont, then  the  connection  shall  be  made  at  a  point  as  near  said 
village,  as  may  be  convenient  and  practicable  :  and  the  said  Central 
Railroad  Company  shall  have  the  right  to  enter  upon,  run  over,  and 
use  the  said  Sullivan  Railroad,  from  the  point  of  intersection  as 
aforesaid,  to  the  upper  terminus  of  said  Sullivan  Railroad,  paying 
therefor  such  a  rate  of  toll  as  the  legislature  may  from  time  to 
time  prescribe,  or  as  may  be  mutually  agreed  upon  between  said 
companies,  and  complying  with  such  rules  and  regulations  as  may 
be  established  by  said  Sullivan  Railroad ;  and  said  Central  Com- 
pany may,  upon  the  same  terms  and  the  same  hmitations,  connect 

47 


554  NEW   HAMPSHIRE   CENTRAL   RAILROAD. 

•with  and  run  over  any  railroad  which  may  be  at  said  city  of  Man- 
chester, or  at  any  intermediate  places,  and  said  Central  road  shall 
be  used  by  any  other  railroads,  subject  to  like  limitations  and  con- 
ditions. And  said  company  are  authorized  and  empowered  to  con- 
struct, for  the  sole  use  and  accommodation  of  the  travel  on  said 
Central  Railroad,  and  for  the  transportation  of  such  property  only 
as  shall  be  carried  on  said  railroad,  a  bridge  across  Merrimac  river; 
Provided,  said  bridge  shall  be  so  constructed  as  not  unnecessarily 
to  impede  the  navigation  of  said  river ;  and  said  corporation  are 
required  to  keep  said  railroad  and  bridge  in  good  repair,  and  provide 
suitable  and  proper  engines  and  cars  for  the  conveyance  of  passen- 
gers and  property  over  the  road,  and  cause  the  said  engines  and  cars 
to  be  run  each  way  once  a  day,  Sundays  excepted,  to  accommo- 
date the  public  travel  and  transportation,  except  when  prevented 
by  unavoidable  accidents  and  contingencies. 

Sect.  3.  The  capital  stock  of  said  corporation  shall  consist  of 
twenty  thousand  shares,  and  the  immediate  government  and  direc- 
tion of  the  affairs  thereof  shall  be  vested  in  seven  directors,  who 
shall  be  chosen  by  the  members  or  stockholders  in  the  manner 
hereinafter  provided,  and  shall  hold  their  offices  until  others  shall 
be  duly  elected  and  qualified  to  take  their  places  as  directors;  and 
the  said  directors,  a  majority  of  whom  shall  form  a  quorum  for  the 
transaction  of  business,  shall  elect  one  of  their  number  to  be  presi- 
dent of  the  board,  who  shall  also  be  president  of  the  company ; 
and  they  shall  have  authority  to  choose  a  clerk,  who  shall  be 
sworn  to  the  faithful  discharge  of  his  duty,  and  shall  also  be  clerk 
of  the  company,  unless  they  shall  elect  some  other  person  to  that 
office;  and  they  shall  also  have  authority  to  choose  a  treasurer, 
who  shall  give  bonds  to  the  corporation,  with  sureties  to  the  satis- 
faction of  the  directors,  in  a  sum  not  less  than  forty  thousand 
dollars,  for  the  faithful  discharge  of  his  trust ;  and  such  other 
agents  and  servants  as  shall  from  time  to  time  be  necessary. 

Sect.  4.  A  toll  is  hereby  granted  to  the  corporation,  for  their 
benefit,  on  all  passengers  and  property  which  may  be  conveyed 
on  said  railroad,  at  such  rates  as  may  from  time  to  time  be  agreed 
on  by  the  directors  :  Provided,  that  in  any  and  every  year,  when 
their  net  receipts  shall  exceed  the  average  of  ten  per  cent,  per 
annum  from  the  commencement  of  their  operations,  the  excess  shall  . 
be  paid  into  the  treasury  of  the  State  until  otherwise  directed  by 
the  legislature.  And  the  directors  are  hereby  authorized  to  erect 
toll  houses  and  houses  for  the  deposit  of  merchandise,  and  demand 


NEW    HAMPSHIRE.  555 

and  receive  tolls  upon  the  road  when  completed,  and  upon  such 
parts  thereof  as  shall  from  time  to  time  be  completed. 

Sect.  5.  The  president  and  directors,  for  the  time  being,  are 
authorized  and  empowered,  by  themselves  or  their  agents,  to  exer- 
cise all  the  powers  herein  granted  to  the  corporation,  for  the  purpose 
of  constructing  and  completing  said  railroad,  and  for  the  trans- 
portation of  persons,  goods,  and  merchandise  thereon,  and  all  such 
other  powers  and  authority  for  the  management  of  the  affairs  of  the 
corporation,  not  heretofore  granted,  as  may  be  necessary  and  proper 
to  carry  into  effect  the  object  of  this  grant ;  to  purchase  land, 
materials,  engines,  cars,  and  other  necessary  things,  in  the  name  of 
the  corporation,  for  the  use  or  on  the  line  of  the  road,  and  for  the 
transportation  of  persons,  goods,  and  merchandise  ;  to  make  such 
equal  assessments,  from  time  to  time,  on  all  the  shares  in  said  cor- 
poration, as  they  may  deem  expedient  and  necessary,  in  the  execu- 
tion and  progress  of  the  work,  and  direct  the  same  to  be  paid  to 
the  treasurer  of  the  corporation,  and  the  treasurer  shall  give  notice 
of  said  assessments;  and  if  any  subscriber  shall  neglect,  for  sixty 
days  after  such  notice,  to  pay  his  assessments,  the  directors  may 
order  the  treasurer  to  sell  his  share  or  shares  at  public  auction,  due 
notice  thereof  being  given,  to  the  highest  bidder,  and  the  same 
shall  be  transferred  to  the  purchaser;  and  such  delinquent  subscri- 
ber shall  be  held  accountable  to  the  corporation  for  the  balance,  if 
his  share  or  shares  shall  sell  for  less  than  the  assessments  due 
thereon,  with  interest,  and  costs  of  sale,  and  shall  be  entitled  to  the 
overplus,  if  any  there  be  :  Pi'ovided^  that  no  assessment  shall  be 
laid  on  any  share,  of  a  greater  amount  than  one  hundred  dollars  in 
the  whole  on  each  share.  And  if  a  greater  amount  of  money 
shall  be  necessary,  it  shall  be  raised  by  creating  new  shares,  giving 
to  the  stockholders  in  the  corporation  the  right  to  take  said  shares, 
in  proportion  to  the  shares  by  them  respectively  owned  in  said 
corporation. 

Sect.  6.  If  the  said  railroad,  in  the  course  thereof  shall  inter- 
sect or  cross  any  private  way,  the  said  corporation  shall  so  con- 
struct said  railroad  as  not  to  obstruct  the  safe  and  convenient 
use  of  such  private  way ;  and  if  said  railroad  shall  not  be  so  con- 
structed, the  party  aggrieved  shall  be  entitled  to  his  action  on  the 
case,  and  shall  recover  reasonable  damages  for  such  injury,  but  no 
action  shall  be  commenced  after  the  expiration  of  two  years  from 
the  obstruction  aforesaid ;  and  if  the  said  railroad  shall,  in  the  course 
thereof,  intersect  or  cross  any  canal,  turnpike,  or  other  highway, 


556  NEW   HAMPSHIRE   CENTRAL   RAILROAD. 

the  said  railroad  shall  be  so  constructed  as  not  to  impede  or  obstruct 
the  safe  and  convenient  use  of  such  canal,  turnpike,  or  other  high- 
way, and  the  corporation  shall  have  the  power  to  raise  or  lower 
such  turnpike,  highway,  or  private  way,  so  that  the  railroad,  if 
necessary,  may  convenietly  pass  under  or  over  the  same;  and  if 
said  corporation  shall  raise  or  lower  such  turnpike,  highway,  or 
private  way,  and  shall  not  raise  or  lower  the  same  so  as  to  be  satis- 
factory to  the  proprietors  of  such  turnpike,  or  to  the  selectmen  of 
the  town  in  which  said  highway  or  private  way  may  be  situate, 
as  the  case  may  be,  said  proprietors  or  selectmen  may  require,  in 
writing,  of  said  corporation,  such  alteration  or  amendment,  as  they 
may  think  necessary  ;  and  if  the  required  alteration  or  amendment 
be  reasonable  and  proper,  in  the  written  opinion  of  the  road  com- 
missioners for  the  county  in  which  such  alteration  [or  amendment] 
is  proposed,  and  the  said  corporation  shall  unnecessarily  and 
unreasonably  neglect  to  make  the  same,  such  proprietors  or  select- 
men, as  the  case  may  be,  may  proceed  to  make  such  alteration  or 
amendment,  and  may  institute  and  prosecute  to  final  judgment  and 
execution,  any  action  on  the  case  against  said  corporation,  and 
shall  therein  recover  reasonable  damages  for  all  charges,  disburse- 
ments, labor,  and  services,  occasioned  by  making  such  alterations 
or  amendments,  with  costs  of  suit;  and  whenever  said  railroad 
shall  intersect  or  cross  any  highway,  the  board  of  road  commis- 
sioners within  the  county,  on  notice  given  and  hearing  had  for  this 
purpose,  may  direct  that  such  place  of  crossing  or  intersection 
shall  be  secured  by  a  bridge  over  said  road  or  by  the  erection  of 
gates  on  both  sides  of  said  road,  should  either,  in  their  opinion,  be 
essential  to  the  public  safety,  and  such  powers  shall  be  vested 
solely  in  the  road  commissioners  ;  and  the  said  company  shall  con- 
stantly maintain,  in  good  repair,  all  bridges,  with  their  abutments 
and  embankments,  which  they  may  construct  for  the  purpose  of 
conducting  said  railroad  over  any  turnpike,  private  way,  or  high- 
way, or  for  conducting  such  turnpike,  private  way,  or  highway, 
over  said  railroad,  and  in  default  thereof  shall  be  liable  in  an  action 
on  the  case,  to  respond  in  damages  to  any  party  aggrieved. 

Sect.  7.  Unless  one  half  of  the  capital  stock  above  specified 
shall  be  subscribed  for,  and  the  corporation  organized,  before  the 
first  day  of  January,  in  the  year  of  our  Lord  one  thousand  eight 
hundred  and  fifty-five,  and  the  sum  of  one  hundred  thousand 
dollars  shall  have  been  expended  towards  the  (Construction  of  said 
road  before  the  first  day  of  January,  in  the  year  of  our  Lord  one 


NEW   HAMPSHIRE.  557 

thousand  eight  hundred  and  fifty-six,  this  Act  shall  be  null  and 
void:  [and  this  Act  shall  be  null  and  void]  as  to  any  and  every 
portion  of  said  railroad  which  shall  not  be  completed  and  fit  for 
use.  on  or  before  the  first  day  of  January,  in  the  year  of  our  Lord 
one  thousand  eight  hundred  and  sixty. 

Sect.  8.  The  annual  meeting  of  the  members  or  stockholders 
of  the  corporation  shall  be  held  on  the  day  prescribed  by  the  by- 
laws, and  at  such  place,  in  this  State,  as  the  directors  for  the  time 
being  shall  appoint,  or  as  the  by-laws  shall  prescribe,  at  which 
meeting  seven  directors  shall  be  chosen  by  ballot ;  the  directors 
may  call  special  meetings  of  the  stockholders,  whenever  they 
shall  deem  it  expedient,  giving  such  notice  as  the  corporation 
by  their  by-laws  shall  direct ;  and  any  three  of  the  five  persons 
first  named  in  this  Act,  may  call  the  first  meeting  of  the  corpora- 
tion, by  a  notice  published  two  weeks  successively  in  the  New 
Hampshire  Patriot,  Argus  and  Spectator,  at  Newport,  and  the 
Manchester  American,  at  which  meeting  associates  may  be  admit- 
ted, by-laws  adopted,  and  a  president  and  clerk,  and  such  other 
officers,  and  such  agents  and  committees  may  be  chosen  or 
appointed,  as  may  be  deemed  necessary  to  carry  into  effect  the 
objects  of  this  Act,  who  shall  hold  their  offices  no  longer  than 
until  a  board  of  directors  shall  be  chosen. 

Sect.  9.  The  expenses  heretofore  incurred  in  making  surveys, 
and  accomplishing  other  purposes  in  relation  to  railroads  on  said 
route,  and  suitable  compensation  for  time  expended,  the  claims 
being  audited  and  allowed  by  the  directors,  shall  constitute  a  valid 
charge  against  the  corporation,  and  be  allowed  in  discharge  of 
assessments  on  shares. 

Sect.  10.  The  said  corporation  shall  hold  and  enjoy  the  privi- 
leges and  franchises  herein  granted,  subject  to  the  laws  in  relation 
to  corporations  and  railroads,  that  now  are  or  hereafter  may  be  in 
force  in  this  State. 

Sect.  11.  The  legislature  may  at  any  time  alter,  amend,  or 
repeal  this  Act,  when  in  their  opinion  the  public  good  requires, 
and  this  Act  shall  take  effect  from  its  passage. 

Sect.  12.  The  said  Central  Railroad  Company  are  hereby 
authorized  to  make  use  of  a  charter,  granted  at  the  June  session, 
A.  D.  1847,  termed  "  An  Act  to  incorporate  the  Goffstown  and 
Manchester  Railroad  Company,"  or  to  make  such  arrangements 
with  the  grantees  thereof,  as  may  be  deemed  for  the  interest  of  said 
Central  Company.     Approved^  June  24,  1848. 

47* 


55S  PISCATAQUOG   RIVER  RAILROAD. 

Laws  of  1849,  Chap.  909. 

An  Act  in  addition  to  and  in  amendment  of  an  Act  entitled  "  An  Act  to  incorpo- 
rate the  New  Hampshire  Central  Railroad,"  approved  June  24,  1848. 

Sect.  1.  Be  it  enacted,  (^-c.  That  the  corporation  created  by  the 
Act,  entitled  "  An  Act  to  incorporate  the  New  Hampshire  Central 
Railroad,"  approved  .Tune  24,  1848,  shall  be  known  in  law  by  the 
name  of  the  New  Hampshire  Central  Railroad  Company  ;  and  the 
width  of  the  road  to  be  constructed  by  said  corporation  shall  be 
limited  to  six  rods,  except  where  a  greater  width  shall  be  necessary 
for  cuttings  or  embankments. 

Sect.  2.  The  said  corporation  are  hereby  authorized  and 
empowered  to  construct  their  road  through  the  town  of  Warner,  if 
the  same  shall  become  necessary  or  convenient  in  the  location  of 
said  road ;  but  nothing  herein  contained  shall  be  construed  to 
authorize  any  material  deviation  from  the  general  course  of  said 
railroad,  as  indicated  in  the  Act  of  incorporation. 

Sect.  3.  This  Act  shall  take  effect  and  be  in  force  from  the 
time  of  its  passage.     Approved,  Jidij  6,  1849. 


PISCATAQUOG  ERTiR  RMLROAD. 

INCORPORATED    IN    NEW    HAMPSHIRE    IN    1848. 
Chapter  7GS  of  tlie  Private  Laws  of  1848  contains  the  Charter. 

Sect.  1  grants  corporate  powers. 

Sect.  2  empowers  the  Company  to  build  a  railroad,  not  exceeding  six  rods  in  width, 
on  the  route  described,  but  not  to  hold  land,  exclusive  of  that  necessary  for  the 
road  and  buildings,  worth  more  than  5  per  cent,  on  their  capital. 

Sect.  3  provides  that  the  capital  stock  shall  consist  of  not  less  than  300  nor  more 
than  1000  shares,  and  that  seven  Directors  shall  be  chosen,  who  may  appoint 
necessary  officers. 

Sect.  4  grants  a  toll  for  transportation  of  persons  and  property  on  said  road ;  when 
the  net  receipts  thereof  shall  exceed  the  average  of  10  per  cent,  per  annum  from 
the  commencement  of  operations,  the  excess  shall  be  paid  into  the  State  trea- 
sury. 

Sect.  5  empowers  the  Company  to  purchase  and  hold  lands  necessary  for  the  road ; 
to  make  equal  assessments  on  the  shares,  and  to  sell  the  shares  as  there  provided, 
for  non-payment  thereof;  but  no  assessment  shall  exceed  $100  on  each  share,  and 
jiew  shares  may  be  created,  if  necessary. 


NEW    HAMPSHIRE.  559 

Sect.  6  requires  said  railroad,  when  it  crosses  or  intersects  any  private  way,  high- 
way, canal,  or  turnpike,  to  be  so  built  as  not  to  obstruct  or  injure  the  same  ;  the 
Company  may  raise  or  lower  such  roads,  being  liable  for  all  damages,  to  be  assessed 
as  therein  provided,  and  shall  maintain  all  bridges  erected  by  them. 

Sect.  7  authorizes  the  Company  to  make  by-laws,  not  repugnant  to  the  laws  of  the 
State. 

Sect.  8  requires  annual  meetings  to  be  held,  at  a  time  and  place  appointed,  when 
Directors  shall  be  chosen,  who  may  call  special  meetings  ;  it  directs  the  mode  of 
organization. 

Sect.  9  provides,  if  the  Company  shall  not  have  been  organized  and  have  expended 
$25,000  upon  the  road  before  December  1,  1853,  that  this  Act  shall  be  void;  and 
that  it  shall  be  void  as  to  every  portion  not  completed  on  or  before  December  1, 
1855. 

Sect.  10  reserves  to  the  Legislature  the  right  to  amend  or  repeal  this  Act. 

Sect.  11  provides  that  this  Act  shall  take  effect  forthwith. 


Laws  of  1848,  Chap.  768. 
An  Act  to  incorporate  the  Piscataquog  River  Railroad. 

Sect.  1.  Be  ii  enacted^  6^c,  That  Waterman  Burr,  Ninian  C. 
Crombie,  James  Cochran,  Abraham  Cochran,  B,  F.  Blaisdall, 
Samuel  C.  Crombie,  Benjamin  Fletcher,  Rodney  McCollom,  Ira 
Clough,  Jacob  H.  Richards,  Solomon  Dodge,  jr.,  and  Micah 
Lawrence,  their  associates,  successors,  and  assigns,  be  and  they 
hereby  are  made  a  body  corporate  by  the  name  of  the  Piscataquog 
River  Railroad,  with  all  the  rights  and  privileges,  liabilities  and 
duties,  by  the  laws  of  this  State  incident  to  railroad  corporations, 
and  necessary  and  proper  to  carry  into  effect  the  purposes  of  this 
Act. 

Sect.  2.  The  said  corporation  is  hereby  authorized  and  empow- 
ered to  locate,  build  and  maintain  a  railroad,  not  exceeding  six  rods 
in  width,  with  necessary  additions  for  cuttings  and  embankments, 
from  some  point  on  the  New  Hampshire  Central  Railroad,  either 
in  the  town  of  Goffstown  or  New  Boston,  thence  up  the  south 
branch  of  the  Piscataquog  River,  through  either  or  both  of  the 
towns  of  Goffstown  and  New  Boston,  to  Water  Village  in  New 
Boston  :  Pi'ovided,  said  corporation  shall  hold  no  more  land,  exclu- 
sive of  what  is  within  the  limits  of  their  road,  and  necessary  for 
procuring  stone,  sand,  and  gravel,  and  for  machine  shops  and  depot 
accommodations,  than  shall  be  worth,  at  the  time  of  its  purchase, 
five  per  cent,  on  their  capital  stock. 

Sect.  3.  The  capital  stock  of  said  corporation  shall  consist  of 


560  PISCATAQUOG  RIVER  RAILROAD. 

not  less  than  three  hundred  shares  nor  more  than  one  thousand 
shares,  and  the  immediate  government  and  direction  of  the 
affairs  thereof  shall  be  vested  in  seven  directors,  who  shall  be 
chosen  by  the  stockholders  or  members  in  the  manner  hereinafter 
provided,  and  shall  hold  their  offices  until  others  shall  be  duly 
elected  and  qualified  in  their  stead;  and  the  said  directors,  a  ma- 
jority of  whom  shall  form  a  quorum  for  the  transaction  of  business, 
shall  elect  one  of  their  number  to  be  president  of  the  board  and 
of  the  corporation  ;  they  shall  also  choose  a  clerk,  who  shall  also 
be  clerk  of  the  corporation,  and  sworn  to  the  faithful  performance 
of  his  duties ;  a  treasurer,  who  shall  give  bond,  with  sureties  to 
their  satisfaction,  for  the  faithful  performance  of  his  trust;  and 
such  other  officers,  agents,  and  servants  as  they  may  deem  expedi- 
ent, fix  their  salaries,  and  generally  shall  have  and  exercise  all  the 
powers  of  the  corporation  for  carrying  into  effect  the  objects  and 
purposes  of  this  Act. 

Sect.  4.  A  toll  is  hereby  granted  to  the  corporation  for  their 
benefit  on  all  passengers  and  property  which  may  be  transported 
on  said  railroad,  at  such  rates  as  may  from  time  to  time  be  agreed  on 
by  the  directors :  P?'ovlded,  that  in  any  and  every  year,  when  the 
net  receipts  from  the  use  of  said  road  shall  exceed  the  average  of 
ten  per  cent,  per  annum  from  the  commencement  of  their  opera- 
tions, the  excess  shall  be  paid  into  the  treasury  of  the  State,  until 
otherwise  ordered  by  the  legislature. 

Sect.  5.  Thepresidentanddirectorsfor  the  time  being  are  author- 
ized and  empowered,  by  themselves  or  their  agents,  to  exercise 
all  the  powers  hereby  granted  to  the  corporation,  for  the  purpose 
of  constructing  and  completing  their  railroad,  and  for  the  transport- 
ation of  persons,  goods,  and  merchandise  thereon,  and  all  such 
other  power  and  authority  for  the  management  of  the  affairs  of 
the  corporation,  not  heretofore  granted,  as  may  be  necessary  and 
proper  to  carry  into  effect  the  object  of  this  grant;  to  purchase  land, 
materials,  engines,  cars,  depot  buildings,  machine  shops,  and  other 
things,  in  the  name  of  the  corporation,  for  the  use  of  the  railroad 
and  the  transportation  of  persons,  goods,  and  merchandise ;  to  make 
such  equal  assessments,  from  time  to  time,  on  all  the  shares  in  said 
corporation,  as  they  may  deem  expedient  and  necessary,  in  the 
execution  and  progress  of  the  work,  and  direct  the  same  to  be  paid 
to  the  treasurer  of  the  corporation,  and  the  treasurer  shall  give 
notice  of  said  assessments ;  and  if  any  subscriber  shall  neglect,  for 
sixty  days  after  such  notice,  to  pay  his  assessment,  the  directors 


NEW   HAMPSHIRE.  561 

may  order  the  treasurer  to  sell  his  share  or  shares  at  public  auction, 
due  notice  thereof  being  given,  to  the  highest  bidder,  and  the  same 
shall  be  transferred  to  the  purchaser ;  and  such  delinquent  subscri- 
ber shall  be  held  accountable  to  the  company  for  the  balance,  if  his 
share  or  shares  shall  sell  for  less  than  the  assessment  or  assessments 
due  thereon,  and  interest  and  costs  of  sale,  and  such  subscriber 
shall  be  entitled  to  the  surplus,  if  any  there  be :  Provided,  no 
assessment  shall  be  laid  on  any  share  for  any  greater  amount  than 
one  hundred  dollars  in  the  whole  on  each  share  ;  and  if  any  greater 
amount  of  money  shall  be  necessary  to  complete  said  railroad,  it 
shall  be  raised  by  creating  new  shares,  giving  to  the  stockholders 
in  the  corporation  the  right  to  take  said  shares,  in  proportion  to  the 
shares  by  them  respectively  owned  in  said  corporation. 

Sect.  6.  If  the  said  railroad  shall  in  the  course  thereof  intersect 
or  cross  any  private  way,  the  said  corporation  shall  so  construct 
said  railroad,  as  not  to  obstruct  the  safe  and  convenient  use  of  said, 
private  way;  and  if  said  railroad  shall  not  be  so  constructed,  the 
owner  of  said  private  way,  shall  be  entitled  to  his  reasonable 
damages  for  said  injury,  to  be  recovered  by  action  on  the  case,  to  be 
commenced  within  two  years  from  such  obstruction,  and  not  after- 
wards ;  and  if  said  railroad  shall  in  the  course  thereof  intersect  or 
cross  any  canal,  turnpike  road,  or  other  public  highway,  the  said 
railroad  shall  be  so  constructed  as  not  to  obstruct  the  safe  and  con- 
venient use  of  such  canal,  turnpike  road  or  other  highway ;  and 
the  said  corporation  shall  have  power  to  raise  or  lower  such  turn- 
pike road,  highway,  or  private  way,  so  that  the  railroad  may  pass 
over  or  under  the  same ;  and  if  said  corporation  shall  raise  or  lower 
such  turnpike  road  or  highway,  and  shall  not  so  raise  or  lower  the 
same  as  to  be  satisfactory  to  the  proprietors  of  such  turnpike  road, 
or  to  the  selectmen  of  the  towns  in  which  said  highway  is  situated, 
as  the  case  may  be,  said  proprietors  or  selectmen  may  require, 
in  writing,  of  said  corporation  such  amendment  or  alteration  as 
they  may  think  necessary ;  and  if  the  amendment  or  alteration  be 
reasonable  and  proper,  in  the  written  opinion  of  the  road  commis- 
sioners for  the  county  in  which  such  amendment  or  alteration  is 
proposed,  and  the  said  corporation  shall  unreasonably  and  unneces- 
sarily neglect  to  make  the  same,  said  proprietors  or  selectmen,  as 
the  case  may  be,  may  proceed  to  make  such  alterations  or  amend- 
ments ;  and  may  institute,  and  prosecute  to  final  judgment  and 
execution,  an  action  on  the  case  against  such  corporation,  and  shall 
therein  recover  reasonable  damages  for  all  charges,  disbursements, 


562  PISCATAQUOG  RIVER  RAILROAD. 

labor  and  services,  occasioned  by  making  such  alterations  and 
amendments,  with  costs  of  suit ;  and  said  corporation  shall  con- 
stantly maintain  in  good  repair  all  bridges,  with  their  abutments 
and  embankments,  which  it  may  construct  for  the  purpose  of  con- 
ducting said  railroad  over  any  canal,  turnpike  road,  highway,  or 
private  way,  or  for  conducting  the  same  over  said  railroad,  and  in 
default  thereof  shall  be  liable  in  an  action  on  the  case  to  respond 
in  damages  to  any  party  aggrieved  ;  and  if  it  shall  be  necessary  to 
alter  the  course  of  any  turnpike  road  or  other  highway,  where  the 
said  railroad  may  run  upon  or  near  the  same,  or  for  the  purpose  of 
avoiding  or  facilitating  the  crossing  thereof,  such  turnpike  road  or 
highway  may  be  so  altered,  with  the  approbation  of  the  road  com- 
missioners for  the  county,  provided  such  alteration  will  not,  in 
their  opinion,  essentially  injure  said  way. 

Sect.  7.  The  said  company  shall  have  power  to  make,  ordain, 
and  establish  all  such  by-laws,  rules,  regulations,  and  ordinances,  as 
they  shall  deem  expedient  and  necessary  to  accomplish  the  designs 
and  purposes  and  to  carry  into  effect  the  provisions  of  this  Act,  and 
for  the  well-ordering,  regulating,  and  securing  the  interests  and 
affairs  of  the  company;  provided  the  same  be  not  repugnant  to 
the  constitution  and  laws  of  this  State. 

Sect.  8.  The  annual  meeting  of  the  members  of  said  company 
shall  be  holden  at  such  time  and  place,  in  this  State,  as  the  com- 
pany by  their  by-laws,  or  the  directors  for  the  time  being,  shall 
appoint,  at  which  meeting  the  directors  shall  be  chosen  by  ballot; 
and  the  three  persons  first  named  in  this  Act,  or  any  two  of  them, 
are  hereby  authorized  to  call  the  first  meeting  of  said  company,  by 
advertising  the  same  three  weeks  successively  in  a  newspaper 
printed  hi  Manchester,  in  this  State  ;  and  the  directors  are  hereby 
authorized  to  call  special  meetings  of  the  stockholders,  whenever 
they  shall  deem  it  expedient  and  proper,  giving  such  notice  as  the 
company  by  their  by-laws  shall  direct. 

Sect.  9.  If  the  said  corporation  shall  not  have  been  organized, 
and  have  expended  the  sum  of  twenty-five  thousand  dollars  towards 
the  construction  of  said  railroad,  before  the  first  day  of  December, 
in  the  year  of  our  Lord  one  thousand  eight  hundred  and  fifty- 
three,  this  Act  shall  be  void ;  and  this  Act  shall  be  void  as  to  any 
and  every  portion  of  said  railroad,  which  shall  not  be  completed 
and  fit  for  use  on  or  before  the  first  day  of  December,  in  the  year 
of  our  Lord  one  thousand  eight  hundred  and  fifty-five. 

Sect.  10.    The  legislature  may  at  any  time  alter,  amend,    or 


NEW  HAMPSHIRE.  563 

repeal  this  Act  or  any  of  its  provisions,  whenever  in  their  opinion 
the  pubhc  good  may  require  such  aheration,  amendment,  or  repeal. 
Sect.  U.  This  Act  shall  take  effect  from  its  passage.     Approved, 
January  3,  1849. 


ESSEX  EXTENSION  RAILROAD   COMPANY. 

INCORPORATED    IN    NEW   HAMPSHIRE    IN    1848. 

Chapter  769  of  the  Private  Acts  of  1848  contains  the  Charter. 

Sect.  1  grants  corporate  powers. 

Sect.  2  empowers  the  Company  to  construct  a  railroad,  as  described,  and  to  hold 

land,  exclusive  of  that  necessary  for  their  road  and  buildings,  worth  not  exceeding 

5  per  cent,  on  the  capital  stock. 
Sect.  3  provides  that  the  stock  shall  be  $50,000,  in  shares  of  $100  each,  and  that 

the  government  shall  be  vested  in  seven  Directors,  chosen  as  provided,  who  may 

appoint  necessary  officers. 
Sect.  4  grants  a  toll  for  transportation  of  persons  and  property  on  said  road ;  when 

the  net  income  thereof  shall  exceed  an  average  of  10  per  cent,  per  annum  from 

the  commencement  of  the  road,  the  excess  shall  be  paid  into  the  treasury  of  the 

State. 
Sect.  5  authorizes  the  President  and  Directors  to  exercise  all  necessary  powers,  and 

to  make  equal  assessments  on  the  shares,  and  to  sell  the  shares,  as  provided,  for 

non-payment  thereof;  no  assessment  shall  exceed  $100  on  each  share  ;  new  shares 

may  be  created,  if  necessary. 
Sect.  6  provides  that  said  railroad,  where  it  crosses  or  intersects  any  private  way, 

highway,  or  canal,  shall  be  so  built  as  not  to  obstruct  or  injure  the  same ;  the 

Company  may  raise  or  lower  any  way,  and  shall  pay  aU  damages  caused  thereby, 

to  be  assessed  as  provided. 
Sect.  7  authorizes  the  Company  to  make  by-laws,  not  repugnant  tothe  laws  of  the 

State. 
Sect.  8  requires  an  annual  meeting  to  be  held  at  a  time  and  place  appointed,  when 

Directors  shall  be  chosen,  who  may  call  special  meetings  ;  it  directs  the  mode  of 

organization. 
Sect.  9  provides,  if  the  Company  shall  not  have  been  organized,  and  have  expended 

$10,000  on  said  railroad,  before  January  1,  1850,  that  this  Act  shall  be  void  ;  and 

it  shall  be  void  as  to  all  parts  not  completed  and  ready  for  use  on  or  before  Janu- 
ary 1,  1852. 
Sect.  10  reserves  to  the  Legislature  the  right  to  amend  or  repeal  this  Act. 
Sect.  11  provides  that  the  Act  shall  take  effect  forthwith. 


566  ESSEX   EXTENSION   RAILROAD    COMPANY. 

ed,  the  owner  of  said  private  way  shall  be  entitled  to  his  reason- 
able damages  for  said  injury,  to  be  recovered  by  action  on  the 
case,  to  be  commenced  within  two  years  from  such  obstruction, 
and  not  afterwards.  And  if  said  railroad  shall,  in  the  course  thereof, 
intersect  or  cross  any  canal,  turnpike  road,  or  other  public  high- 
way, the  said  railroad  shall  be  so  constructed  as  not  to  obstruct 
the  safe  and  convenient  use  of  such  canal,  turnpike  road,  or  other 
highway;  and  the  said  corporation  shall  have  power  to  raise  or 
lower  such  turnpike  road,  highway,  or  private  way,  so  that  the 
railroad  may  pass  over  or  under  the  same ;  and  if  said  corporation 
shall  raise  or  lower  such  turnpike  road,  or  highway,  and  shall  not 
so  raise  or  lower  the  same  as  to  be  satisfactory  to  the  proprietors  of 
such  turnpike  road,  or  to  the  selectmen  of  the  towns  in  which  said 
highway  is  situated,  as  the  case  may  be,  said  proprietors  or  select- 
men may  require,  in  writing,  of  said  corporation,  such  amendment 
or  alteration  as  they  may  think  necessary.  And  if  the  amendment 
or  alteration  be  reasonable  and  proper,  in  the  written  opinion  of 
the  road  commissioners  for  the  county  in  which  such  amendment 
or  alteration  is  proposed,  and  the  said  corporation  shall  unreason- 
ably and  unnecessarily  neglect  to  make  the  same,  said  proprie- 
tors or  selectmen,  as  the  case  may  be,  may  proceed  to  make  such 
alterations  or  amendments,  and  may  institute,  and  prosecute  to  final 
judgment  and  execution,  an  action  on  the  case  against  such  cor- 
poration, and  shall  therein  recover  reasonable  damages  for  all 
charges,  disbursements,  labor,  and  services  occasioned  by  making 
such  alterations  and  amendments,  with  costs  of  suit.  And  said 
corporation  shall  constantly  maintain  in  good  repair  all  bridges, 
with  their  abutments  and  embankments,  which  it  may  construct  for 
the  purpose  of  conducting  said  railroad  over  any  canal,  turnpike 
road,  highway,  or  private  way,  or  for  conducting  the  same  over 
said  railroad,  and  in  default  thereof,  shall  be  liable,  in  an  action 
on  the  case,  to  respond  in  damages  to  any  party  aggrieved ;  and  if 
it  shall  be  necessary  to  alter  the  course  of  any  turnpike  road,  or 
other  highway,  where  the  said  railroad  may  run  upon  or  near  the 
same,  or  for  the  purpose  of  avoiding  or  facilitating  the  crossing 
thereof,  such  turnpike  road,  or  highway  may  be  so  altered,  with 
the  approbation  of  the  road  commissioners  for  the  county,  pro- 
vided such  alteration  will  not,  in  their  opinion,  essentially  injure 
said  way. 

Sect.  7.  The  said  company  shall  have  power  to  make,  ordain, 
and  establish  all  such  by-laws,  rules,  regulations,  and  ordinances 


NEW    HAMPSHIRE.  567 

as  they  shall  deem  expedient  and  necessary  to  accomplish  the 
designs  and  purposes,  and  to  carry  into  effect  the  provisions  of  this 
Act,  and  for  the  well-ordering,  regulating,  and  securing  the  inter- 
ests and  affairs  of  the  company  ;  provided  the  same  be  not  repug- 
nant to  the  constitution  and  laws  of  this  State. 

Sect.  8.  The  annual  meeting  of  the  members  of  said  company 
shall  be  holden  at  such  time  and  place,  in  this  State,  as  the  com- 
pany by  their  by-laws,  or  the  directors  for  the  time  being  shall 
appoint,  at  which  meeting  the  directors  shall  be  chosen  by  ballot ; 
and  the  three  persons  first  named  in  this  Act,  or  any  two  of  them, 
are  hereby  authorized  to  call  the  first  meeting  of  said  company  by 
advertising  the  same  three  weeks  successively  in  a  newspaper 
printed  in  Manchester,  in  this  State;  and  the  directors  are  hereby 
authorized  to  call  special  meetings  of  the  stockholders  whenever 
they  shall  deem  it  expedient  and  proper,  giving  such  notice  as  the 
company  by  their  by-laws  shall  direct. 

Sect.  9.  If  the  said  corporation  shall  not  have  been  organized,  and 
have  expended  the  sum  of  ten  thousand  dollars  towards  the  construc- 
tion of  said  railroad,  before  the  first  day  of  January,  in  the  year  of 
our  Lord  one  thousand  eight  hundred  and  fifty,  this  Act  shall  be 
void.  And  this  Act  shall  be  void,  as  to  any  and  every  portion  of 
said  railroad  which  shall  not  be  completed  and  fit  for  use,  on  or 
before  the  first  day  of  January,  in  the  year  of  our  Lord  one  thou- 
sand eight  hundred  and  fifty-two. 

Sect.  10.  The  legislature  may  at  any  time  alter,  amend,  or  repeal 
this  Act,  or  any  of  its  provisions,  whenever  in  their  opinion  the 
public  good  may  require  such  alteration,  amendment,  or  repeal. 

Sect.  11.  This  Act  shall  take  effect  from  its  passage.  Approved^ 
Jan.  3,  1849. 


CONNECTICUT   RR^ER  AND   MONTREAL   RAILROAD    COMPANY. 

INCORPORATED    IN    NEW    HAMPSHIRE    IN    1848. 

Chapter  11Q  of  the  Private  Acts  of  1848  contains  the  Charter. 

Sect.  1  grants  corporate  poAvers. 

Sect.  2  empowers  che  Corporation  to  construct  a  railroad  on  the  route  prescribed, 

and  to  hold  land,  besides  that  used  for  its  purposes,  of  the  value  of  5  per  cent  on 

the  capital  stock. 


566  ESSEX   EXTENSION   KAILROAD    COMPANY. 

ed,  the  owner  of  said  private  way  shall  be  entitled  to  his  reason- 
able damages  for  said  injury,  to  be  recovered  by  action  on  the 
case,  to  be  commenced  within  two  years  from  such  obstruction, 
and  not  afterwards.  And  if  said  railroad  shall,  in  the  course  thereof, 
intersect  or  cross  any  canal,  turnpike  road,  or  other  public  high- 
way, the  said  railroad  shall  be  so  constructed  as  not  to  obstruct 
the  safe  and  convenient  use  of  such  canal,  turnpike  road,  or  other 
highway;  and  the  said  corporation  shall  have  power  to  raise  or 
lower  such  turnpike  road,  highway,  or  private  way,  so  that  the 
railroad  may  pass  over  or  under  the  same  ;  and  if  said  corporation 
shall  raise  or  lower  such  turnpike  road,  or  highway,  and  shall  not 
so  raise  or  lower  the  same  as  to  be  satisfactory  to  the  proprietors  of 
such  turnpike  road,  or  to  the  selectmen  of  the  towns  in  which  said 
highway  is  situated,  as  the  case  may  be,  said  proprietors  or  select- 
men may  require,  in  writing,  of  said  corporation,  such  amendment 
or  alteration  as  they  may  think  necessary.  And  if  the  amendment 
or  alteration  be  reasonable  and  proper,  in  the  written  opinion  of 
the  road  commissioners  for  the  county  in  which  such  amendment 
or  alteration  is  proposed,  and  the  said  corporation  shall  unreason- 
ably and  unnecessarily  neglect  to  make  the  same,  said  proprie- 
tors or  selectmen,  as  the  case  may  be,  may  proceed  to  make  such 
alterations  or  amendments,  and  may  institute,  and  prosecute  to  final 
judgment  and  execution,  an  action  on  the  case  against  such  cor- 
poration, and  shall  therein  recover  reasonable  damages  for  all 
charges,  disbursements,  labor,  and  services  occasioned  by  making 
such  alterations  and  amendments,  with  costs  of  suit.  And  said 
corporation  shall  constantly  maintain  in  good  repair  all  bridges, 
with  their  abutments  and  embankments,  which  it  may  construct  for 
the  purpose  of  conducting  said  railroad  over  any  canal,  turnpike 
road,  highway,  or  private  way,  or  for  conducting  the  same  over 
said  railroad,  and  in  default  thereof,  shall  be  liable,  in  an  action 
on  the  case,  to  respond  in  damages  to  any  party  aggrieved  ;  and  if 
it  shall  be  necessary  to  alter  the  course  of  any  turnpike  road,  or 
other  highway,  where  the  said  railroad  may  run  upon  or  near  the 
same,  or  for  the  purpose  of  avoiding  or  facilitating  the  crossing 
thereof,  such  turnpike  road,  or  highway  may  be  so  altered,  with 
the  approbation  of  the  road  commissioners  for  the  county,  pro- 
vided such  alteration  will  not,  in  their  opinion,  essentially  injure 
said  way. 

Sect.  7.  The  said  company  shall  have  power  to  make,  ordain, 
and  establish  all  such  by-laws,  rules,  regulations,  and  ordinances 


NEW    HAMPSHIRE.  567 

as  they  shall  deem  expedient  and  necessary  to  accompHsh  the 
designs  and  purposes,  and  to  carry  into  effect  the  provisions  of  this 
Act,  and  for  the  well-ordering,  regulating,  and  securing  the  inter- 
ests and  affairs  of  the  company  ;  provided  the  same  be  not  repug- 
nant to  the  constitution  and  laws  of  this  State. 

Sect.  8.  The  annual  meeting  of  the  members  of  said  company 
shall  be  holden  at  such  time  and  place,  in  this  State,  as  the  com- 
pany by  their  by-laws,  or  the  directors  for  the  time  being  shall 
appoint,  at  which  meeting  the  directors  shall  be  chosen  by  ballot ; 
and  the  three  persons  first  named  in  this  Act,  or  any  two  of  them, 
are  hereby  authorized  to  call  the  first  meeting  of  said  company  by 
advertising  the  same  three  weeks  successively  in  a  newspaper 
printed  in  Manchester,  in  this  State;  and  the  directors  are  hereby 
authorized  to  call  special  meetings  of  the  stockholders  whenever 
they  shall  deem  it  expedient  and  proper,  giving  such  notice  as  the 
company  by  their  by-laws  shall  direct. 

Sect.  9.  If  the  said  corporation  shall  not  have  been  organized,  and 
have  expended  the  sum  often  thousand  dollars  towards  the  construc- 
tion of  said  railroad,  before  the  first  day  of  January,  in  the  year  of 
our  Lord  one  thousand  eight  hundred  and  fifty,  this  Act  shall  be 
void.  And  this  Act  shall  be  void,  as  to  any  and  every  portion  of 
said  railroad  which  shall  not  be  completed  and  fit  for  use,  on  or 
before  the  first  day  of  January,  in  the  year  of  our  Lord  one  thou- 
sand eight  hundred  and  fifty-two. 

Sect.  10.  The  legislature  may  at  any  time  alter,  amend,  or  repeal 
this  Act,  or  any  of  its  provisions,  whenever  in  their  opinion  the 
public  good  may  require  such  alteration,  amendment,  or  repeal. 

Sect.  11.  This  Act  shall  take  effect  from  its  passage.  Aj)proved, 
Jan.  3,  1849. 


CONNECTICUT   RIVER   AND   MONTREAL   RAILROAD    COMPANY. 

INCORPORATED    IN    NEW    HAMPSHIRE    IN    1848. 

Chapter  770  of  the  Private  Acts  of  1848  contains  the  Charter. 

Sect.  1  grants  coq)orate  powers. 

Sect.  2  empowers  che  Corporation  to  construct  a  railroad  on  the  route  prescribed, 

and  to  hold  land,  besides  that  used  for  its  purposes,  of  the  value  of  5  per  cent  on 

the  capital  stock. 


568     CONNECTICUT   RIVER   AND    MONTREAL   RAILROAD    COMPANY. 

Sect.  3  provides,  if  the  road  described  in  the  charter  of  the  "  "White  Mountains 
Eaih-oad  Company,"  be  built  by  said  Company,  before  this  Company  commence 
the  same,  that  this  Company  shall  have  no  other  interest  in  said  road  but  to  con- 
nect with  it  and  enter  upon  it;  if  said  portion  of  the  road  be  built  by  this  Com- 
pany, the  White  Mountains  Railroad  Company  may  connect  with  and  enter  upon 
it,  and  may,  withhi  ten  years  herefrom,  purchase  the  same  and  its  appurtenances, 
by  paying  the  cost  thereof. 

Sect.  4  fixes  the  capital  at  4000  shares,  and  vests  the  government  in  seven  Directors, 
who  may  appomt  other  officers. 

Sect.  5  grants  a  toll;  when  the  net  receipts  shall  exceed  the  average  of  10  per  cent, 
per  annum,  the  excess  shall  be  paid  into  the  treasury  of  the  State. 

Sect.  6  grants  to  the  President  and  Directors  all  necessary  powers,  to  purchase 
land  and  materials  for  the  road,  to  make  equal  assessments  on  the  shares,  and  to 
sell  them  for  non-payment  of  assessments  as  therein  described ;  no  assessment  on 
any  share  shall  be  more  than  $100,  and  new  shares  may  be  created  if  necessary. 

Sect.  7  provides  that  said  railroad,  where  it  crosses  any  private  way,  or  highway, 
shall  be  so  built  as  not  to  obstruct  the  same  ;  the  Company  may  raise  or  lower 
said  ways,  if  necessary,  being  accountable  for  all  damages. 

Sect.  8  authorizes  the  Company  to  make  necessary  by-laws,  not  repugnant  to  the 
laws  of  the  State. 

Sect.  9  requires  the  annual  meeting  to  be  held,  at  a  time  and  place  appointed,  when 
Directors  may  be  chosen,  and  authorizes  them  to  call  special  meetings ;  it  pre- 
scribes the  mode  of  organization. 

Sect.  10  provides,  if  the  Corporation  be  not  organized,  and  $50,000  expended  on 
the  construction  of  the  road,  before  January  1,  1853,  that  this  Act  shall  be  void; 
and  that  it  shall  be  void  as  to  every  part  not  fit  for  use  on  or  before  January  1, 
1859  ;  if  the  Railroad  Commissioners  decide  in  favor  of  the  route  in  the  "White 
Mountains  Railroad  Charter,  this  Act  shall  be  void. 

Sect.  1 1  reserves  to  the  Legislature  the  right  to  amend  or  repeal  this  Act. 

Sect.  12  pro'vides  that  this  Act  shall  take  effect  forthwith. 


Laws  of  1848,  Chap.  770. 
An  Act  to  incorporate  the  Connecticut  River  and  Slontreal  Railroad  Company. 

Sect.  1.  Be  it  enacted^  c^'c.  That  James  B.  Sumner,  Horace 
Duncan,  Royal  Joyslin,  John  H.  White,  Harvey  Adams,  John 
S.  Roby,  Lebbeus  Hastings,  William  G.  Wentworth,  Barton  G. 
Town,  Albert  Mason,  Willard  G.  Cushman,  Richard  W.  Peabody, 
Frederick  A.  Cross,  William  Burns,  Charles  Bellows,  and  Nahum 
D.  Day,  their  associates,  successors,  and  assigns,  be  and  they 
hereby  are  made  a  body  corporate  by  the  name  of  the  Connecticut 
River  and  Montreal  Railroad,  with  all  the  rights  and  privileges, 
liabilities  and  duties  by  the  by-laws  of  this  State  incident  to  rail- 
road corporations,  and  necessary  and  proper  to  carry  into  effect 
the  purposes  of  this  Act. 


NEW  HAMPSHIRE.  569 

Sect.  2.  The  said  corporation  is  hereby  authorized  and  empow- 
ered to  locate,  build,  and  maintain  a  railroad,  not  exceeding  six  rods 
in  width,  with  necessary  additions  for  cuttings  and  embankments, 
from  a  point  on  the  Boston,  Concord,  and  Montreal  Railroad,  at  or 
near  the  mouth  of  the  Amonoosuc  River,  in  Haverhill,  if  such  point 
shall  be  the  terminus  of  said  road,  or  from  such  other  point  on  the 
eastern  bank  of  Connecticut  River  as  shall  be  the  terminus  of  the 
said  Boston,  Concord,  and  Montreal  Railroad,  up  said  Connecticut 
River,  and  on  or  near  the  eastern  bank  thereof,  to  such  point  in  the 
town  of  Lancaster,  in  the  county  of  Coos,  as  shall  be  deemed  most 
eligible  and  convenient  for  a  connection  of  said  road  with  the 
"Atlantic  and  St.  Lawrence  Railroad  "  :  Provided^  said  corporation 
shall  hold  no  more  land  exclusive  of  what  is  within  the  limits  of 
their  road,  and  necessary  for  procuring  stone,  sand,  and  gravel, 
and  for  machine  shops  and  depot  accommodations,  than  shall  be 
worth,  at  the  time  of  its  purchase,  five  per  cent,  on  their  capital 
stock. 

Sect.  3.  And  it  is  furtlier  provided,  That  should  that  portion  of 
said  road,  the  route  of  which  is  included  in  the  charter  of  the 
"  White  Mountain  Railroad  Company,"  be  built,  before  the  Connecti- 
cut River  and  Montreal  Railroad  Company  commence  building  the 
same,  the  said  Connecticut  River  and  Montreal  Railroad  Company 
shall  have  no  other  right  in  said  portion  of  road  or  route,  than  the 
right  to  connect  with,  enter  upon,  and  use  the  same  on  such  terms  of 
regulation  and  compensation  as  are  usually  adopted  in  similar  cases, 
between  other  railroad  companies  in  this  State ;  and  if  the  afore- 
said portion  of  said  road  be  built  by  said  Connecticut  River  and 
Montreal  Railroad  Company,  the  said  White  Mountain  Railroad 
Company  shall  have  the  right  to  connect  with,  enter  upon,  and  use 
the  same  on  like  terms  as  aforesaid  ;  and  shall  also  have  the  fur- 
ther right,  at  any  time  within  ten  years  from  and  after  the  passage 
of  this  Act,  to  take,  own,  and  control,  as  part  and  parcel  of  said 
While  Mountain  Railroad,  the  whole  of  the  aforesaid  portion  of 
said  road  and  route,  included  in  the  charter  of  the  said  White 
Mountain  Railroad  Company,  with  the  fixtures  and  property  thereto 
pertaining  and  belonging,  upon  paying  to  said  Connecticut  River 
and  Montreal  Railroad  Company  the  cost  of  said  portion  of  said 
road,  fixtures,  and  property,  with  interest  thereon. 

Sect.  4.  The  capital  stock  of  said  corporation  shall  consist  of 
four  thousand  shares,  and  the  immediate  government  and  direction 
of  the  affairs  thereof  shall  be  vested  in  seven  directors,  who  shall 

48* 


570     CONNECTICUT   RIVER  AND   MONTREAL   RAILROAD    COMPANY. 

be  chosen  by  the  stockholders  or  members  in  the  manner  hereinafter 
provided,  and  shall  hold  their  offices  imtil  others  shall  be  duly- 
elected  and  qualified  in  their  stead ;  and  the  said  directors,  a 
majority  of  whom  shall  form  a  quorum  for  the  transaction  of  busi- 
ness, shall  elect  one  of  their  number  to  be  president  of  the  board, 
and  of  the  corporation ;  they  shall  also  choose  a  clerk,  who  shall 
also  be  clerk  of  the  corporation,  and  sworn  to  the  faithful  perform- 
ance of  his  duties ;  a  treasurer,  who  shall  give  bond,  with  sureties  to 
their  satisfaction,  for  the  faithful  performance  of  his  trust;  and  such 
other  officers,  agents,  and  servants  as  they  may  deem  expedient, 
fix  their  salaries,  and  generally  shall  have  and  exercise  all  the 
powers  of  the  corporation  for  carrying  into  effect  the  objects  and 
purposes  of  this  Act. 

Sect.  5.  A  toll  is  hereby  granted  to  the  corporation,  for  their 
benefit,  on  all  passengers  and  property  which  may  be  transported  on 
said  railroad,  at  such  rates  as  may  from  time  to  time  be  agreed 
on  by  the  directors  ;  Provided,  that  in  any  and  every  year,  when 
the  net  receipts  from  the  use  of  said  road  shall  exceed  the  average 
of  ten  per  cent,  per  annum  from  the  commencement  of  their  ope- 
rations, the  excess  shall  be  paid  into  the  treasury  of  the  State,  until 
otherwise  ordered  by  the  legislature. 

Sect.  6.  The  president  and  directors  for  the  time  being  are  au- 
thorized and  empowered,  by  themselves  or  their  agents,  to  exercise 
all  the  powers  hereby  granted  to  the  corporation,  for  the  purpose  of 
constructing  and  completing  their  railroad,  and  for  the  transpor- 
tation of  persons,  goods,  and  merchandise  thereon,  and  all  such 
other  power  and  authority  for  the  management  of  the  affairs  of 
the  corporation,  not  heretofore  granted,  as  may  be  necessary  and 
proper  to  carry  into  effect  the  object  of  this  grant;  to  purchase  land, 
materials,  engines,  cars,  depot  buildings,  machine  shops,  and  other 
things,  in  the  name  of  the  corporation,  for  the  use  of  the  railroad 
and  the  transportation  of  persons,  goods,  and  merchandise ;  to  make 
such  equal  assessments,  from  time  to  time,  on  all  the  shares  in  said 
corporation,  as  they  may  deem  expedient  and  necessary,  in  the 
execution  and  progress  of  the  work,  and  direct  the  same  to  be  paid 
to  the  treasurer  of  the  corporation,  and  the  treasurer  shall  give 
notice  of  said  assessments ;  and  if  any  subscriber  shall  neglect  for 
sixty  days  after  such  notice  to  pay  his  assessment,  the  directors 
may  order  the  treasurer  to  sell  his  share  or  shares  at  public  auction, 
due  notice  thereof  being  given,  to  the  highest  bidder,  and  the  same 
shall  be  transferred  to  the  purchaser ;  and  such  delinquent  subscri- 


NEW  HAMPSHIRE.  571 

ber  shall  be  held  accountable  to  the  company  for  thebalance,  if  his 
share  or  shares  shall  sell  for  less  than  the  assessment  or  assessments 
due  thereon,  and  interest  and  costs  of  sale,  and  such  subscriber 
shall  be  entitled  to  the  surplus,  if  any  there  be  :  Provided,  no 
assessment  shall  be  laid  on  any  share  for  any  greater  amount  than 
one  hundred  dollars  in  the  whole  on  each  share,  and  if  any  greater 
amount  of  m.oney  shall  be  necessary  to  complete  said  railroad,  it 
shall  be  raised  by  creating  new  shares,  giving  to  the  stockholders 
in  the  corporation  the  right  to  take  said  shares,  in  proportion  to  the 
shares  by  them  respectively  owned  in  said  corporation. 

Sect.  7.  If  the  said  railroad  shall  in  the  course  thereof  intersect 
or  cross  any  private  way,  the  said  corporation  shall  so  construct 
said  railroad  as  not  to  obstruct  the  safe  and  convenient  use  of  said 
private  way;  and  if  said  railroad  shall  not  be  so  constructed,  the 
owner   of  said    private   way  shall  be   entitled  to  his  reasonable 
damages  for  said  injury,  to  be  recovered  by  action  on  the  case,  to  be 
commenced  within  two  years  from  such  obstruction,  and  not  after- 
wards; and  if  said  railroad  shall,  in  the  course  thereof,  intersect  or 
cross  any  canal,  turnpike  road,  or  other  public  highway,  the  said 
railroad  shall  be  so  constructed  as  not  to  obstruct  the  safe  and  con- 
venient use  of  such  canal,  turnpike  road,  or  other  highway;  and 
the  said  corporation  shall  have  power  to  raise  or  lower  such  turn- 
pike road,  highway,  or  private  way,  so  that  the  railroad  may  pass 
over  or  under  the  same  ;  and  if  said  corporation  shall  raise  or  lower 
such  turnpike  road  or  highway,  and  shallnot  so  raise  or  lower  the 
same  as  to  be  satisfactory  to  the  proprietors  of  such  turnpike  road, 
or  to  the  selectmen  of  the  towns  in  which  said  highway  is  situated, 
as  the  case  may  be,  said  proprietors  or  selectmen  may  require, 
in  writing,  of  said  corporation   such  amendment  or  alteration  as 
they  may  think  necessary;  and  if  the  amendment  or  alteration  be 
reasonable  and  proper,  in  the  written  opinion  of  the  road  commis- 
sioners for  the  county  in  which  such  amendment  or  alteration  is 
proposed,  and  the  said  corporation  shall  unreasonably  and  unneces- 
sarily neglect  to  make  the  same,  said  proprietors  or  selectmen,  as 
the  case  may  be,  may  proceed  to  make  such  alterations  or  amend- 
ments, and  may  institute,  and  prosecute  to  final  judgment  and 
execution,  an  action  on  the  case  against  such  corporation,  and  shall 
therein  recover  reasonable  damages  for  all  charges,  disbursements, 
labor,  and   services   occasioned  by  making  such  alterations  and 
amendments,  with  cost  of  suit;  and  said  corporation  shall  con- 
stantly maintain  in  good  repair  all  bridges,  with  their  abutments 


572     CONNECTICUT   RIVEU   AND   MONTREAL   RAILROAD   COMPANY. 

and  embankments,  which  it  may  construct  for  the  purpose  of  con- 
ducting said  railroad  over  any  canal,  turnpike  road,  highway,  or 
private  way,  or  for  conducting  the  same  over  said  railroad,  and  in 
default  thereof  shall  be  liable  in  an  action  on  the  case  to  respond 
in  damages  to  any  party  aggrieved  ;  and  if  it  shall  be  necessary  to 
alter  the  course  of  any  turnpike  road  or  other  highway,  where  the 
said  railroad  may  run  upon  or  near  the  same,  or  for  the  purpose  of 
avoiding  or  facilitating  the  crossing  thereof,  such  turnpike  road  or 
highway  may  be  so  altered,  with  the  approbation  of  the  road  com- 
missioners for  the  county,  provided  such  alteration  will  not,  in  their 
opinion,  essentially  injure  said  way. 

Sect.  8.  The  said  company  shall  have  power  to  make,  ordain, 
and  establish  all  such  by-laws,  rules,  regulations,  and  ordinances  as 
they  shall  deem  expedient  and  necessary  to  accomplish  the  designs 
and  purposes  and  to  carry  into  effect  the  provisions  of  this  Act, 
and  for  the  well-ordering,  regulating,  and  securing  the  interests  and 
affairs  of  the  company;  provided  the  same  be  not  repugnant  to  the 
constitution  and  laws  of  this  State. 

Sect.  9.  The  annual  meeting  of  the  members  of  said  company 
shall  be  holden  at  such  time  and  place,  in  this  State,  as  the  com- 
pany by  their  by-laws,  or  the  directors  for  the  time  being,  shall 
appoint,  at  which  meeting  the  directors  shall  be  chosen  by  ballot; 
and  the  three  persons  first  named  in  this  Act,  or  any  two  of  them, 
are  hereby  authorized  to  call  the  first  meeting  of  said  company,  by 
advertising  the  same  three  weeks  successively  in  a  newspaper 
printed  in  Lancaster,  in  this  State  ;  and  the  directors  are  hereby 
authorized  to  call  special  meetings  of  the  stockholders,  whenever 
they  shall  deem  it  expedient  and  proper,  giving  such  notice  as  the 
company  by  their  by-laws  shall  direct. 

Sect.  10.  If  the  said  corporation  shall  not  have  been  organized, 
and  have  expended  the  sum  of  fifty  thousand  dollars  towards  the 
construction  of  said  railroad,  before  the  first  day  of  January,  in  the 
year  of  our  Lord  one  thousand  eight  hundred  and  fifty-three,  this 
Act  shall  be  void ;  and  this  Act  shall  be  void,  as  to  any  and  every 
portion  of  said  railroad  which  shall  not  be  completed  and  fit  for  use, 
on  or  before  the  first  day  of  January,  in  the  year  of  our  Lord  one 
thousand  eight  hundred  and  fifty-nine  :  Provided,  hoicever,  if  the 
railroad  commissioners,  on  examining  the  route  embraced  in  the 
White  Mountains  Railroad  charter,  and  the  route  embraced  in  this 
Act,  and  decide  in  favor  of  the  former,  then  this  Act  to  be  null 
and  void. 


NEW   HAMPSHIRE.  07o 

Sect.  11.  The  legislature  may  at  any  time  alter,  amend,  or 
repeal  this  Act,  or  any  of  its  provisions,  whenever  in  their  opinion 
the  public  good  may  require  such  alteration,  amendment,  or  repeal. 

Sect.  12.  This  Act  shall  take  effect  from  its  passage.  Ap- 
proved,  January  3,  1849. 


NASHUA  AND   EPPING   RAILROAD    COMPANY. 

INCORPORATED    IN    NEW    HAMPSmRE    IN    1848. 
Chapter  771  of  the  Private  Acts  of  1848  contaiiis  the  Charter. 

Sect.  1  grants  corporate  powers. 

Sect.  2  empowers  th.e  Corporation  to  construct  a  railroad  on  the  route  described,  to 
a  point  on  the  Portsmouth  and  Concord  Raiboad,  and  to  connect  with  the  roads 
mentioned  therein  ;  also  to  build  a  bridge  across  the  ^lerrimac  River ;  with  the 
right  to  hold  land,  besides  that  necessary  for  their  purposes,  Avorth  5  per  cent,  on 
the  capital  stock. 

Sect.  3  fixes  the  capital  at  $500,000,  in  shares  of  $100  each,  and  vests  the  govern- 
ment in  seven  Directors,  who  may  choose  other  officers. 

Sect.  4  grants  a  toll;  if  the  net  receipts  exceed  an  average  of  10  per  cent,  per 
annum  the  excess  shall  be  paid  into  the  State  treasury. 

Sect.  5  gives  to  the  President  and  Directors  all  necessary  powers ;  they  may  make 
equal  assessments  on  shares,  and  sell  the  shares  for  non-payment  thereof;  but  no 
assessment  greater  than  $100  per  share  shall  be  made  ;  new  shares  may  be  created, 
if  necessary. 

Sect.  6  provides,  if  said  railroad  cross  or  intersect  any  private  way,  highway,  or 
canal,  that  it  shall  be  so  built  as  not  to  obstruct  the  same ;  the  Company  being 
liable  for  all  damages,  and  to  maintain  bridges  over  such  crossings. 

Sect.  7  authorizes  the  Company  to  make  by-laws,  not  repugnant  to  the  laws  of  the 
State. 

Sect.  8  appoints  the  time  of  holding  the  annual  meeting,  when  Directors  shall  be 
chosen,  who  may  call  special  meetings ;  and  prescribes  the  mode  of  organization,  j 

Sect.  9  provides,  if  the  Corporation  shall  not  have  been  organized,  and  have  ex- 
pended $100,000  on  the  construction  of  the  road  before  January  1,  1854,  that  this 
Act  shall  be  void  ;  and  that  it  shall  be  void  as  to  any  portion  not  fit  for  use,  on  or 
before  January  1,  1858. 

Sect.  10  resci-ves  to  the  Legislature  the  right  to  amend  or  repeal  this  Act. 

Sect.  11  provides  that  this  Act  shall  take  eff"ect  forthwith. 


Laws  of  1848,  Chap.  771. 
An  Act  to  incorporate  the  Nashua  and  Epping  Railroad  Company. 

Sect.  1.  Be  it  enacted,  i^c.  That  William  Plummer,  jr.,  George 
Y.  Sawyer,  True  T.  Locke,  Nathaniel  Bachelder,  Abel  G.  Cluigg, 


574  NASHUA   AND   EPPING   RAILROAD    COMPANY. 

Thomas  J.  Melvin,  Samuel  Marshall,  John  Folsom,  Thomas  W. 
Gillis,  and  Thomas  Chase,  their  associates,  successors,  and  assigns, 
be  and  they  hereby  are  made  a  body  corporate  by  the  name  of  the 
Nashua  and  Epping  Raih'oad  Company,  with  all  the  rights  and 
privileges,  liabilities  and  duties,  by  the  laws  of  this  State  mcident 
to  railroad  corporations,  and  necessary  and  proper  to  carry  into 
effect  the  purposes  of  this  Act. 

Sect.  2.  The  said  corporation  is  hereby  authorized  and  em- 
powered to  locate,  build,  and  maintain  a  railroad  not  exceeding 
six  rods  in  width,  with  necessary  additions  for  cuttings  and  em- 
bankments, from  Nashua  or  Nashville,  through  Nashville,  Hudson, 
Londonderry,  Derry,  Chester,  Sandown,  and  Raymond,  to  a  point 
on  the  Portsmouth  and  Concord  Railroad,  in  Raymond  or  Epping; 
and  to  enter  upon,  run  over,  and  use  said  Portsmouth  and  Concord 
Railroad,  the  Manchester  and  Lawrence  Railroad,  the  Concord 
Railroad,  and  the  Worcester  and  Nashua  Railroad,  paying  therefor 
such  a  rate  of  toll  as  the  legislature  may  from  timo  to  time  pre- 
scribe, or  as  may  be  mutually  agreed  upon  between  said  companies, 
and  complying  with  such  rules  and  regulations  as  may  be  estab- 
lished by  said  railroad  corporations  ;  and  to  construct  a  bridge  or 
bridges  across  the  waters  of  the  Merrimac  River  within  the  limits 
of  this  grant :  Provided,  said  bridge  or  bridges  be  so  constructed 
as  not  unnecessarily  to  impede  the  navigation  of  said  river  :  Pro- 
vided, said  corporation  shall  hold  no  more  land,  exclusive  of  what 
is  within  the  limits  of  their  road,  and  necessary  for  procuring 
stone,  sand,  and  gravel,  and  for  machine  shops  and  depot  accom- 
modations, than  shall  be  worth,  at  the  time  of  its  purchase,  five 
per  cent,  on  their  capital  stock. 

Sect.  3.  The  capital  stock  of  said  corporation  shall  consist  of 
a  sum  not  exceeding  five  hundred  thousand  dollars,  to  be  divided 
into  shares  of  one  hundred  dollars  each,  and  the  immediate  gov- 
ernment and  direction  of  the  affairs  thereof,  shall  be  vested  in 
seven  directors,  who  shall  be  chosen  by  the  stockholders,  or  mem- 
bers in  the  manner  hereinafter  provided,  and  shall  hold  their  offices 
until  others  shall  be  duly  elected  and  qualified  in  their  stead  ;  and 
the  said  directors,  a  majority  of  Avhom  shall  forma  quorum  for  the 
transaction  of  business,  shall  elect  one  of  their  number  to  be  pre- 
sident of  the  board  and  of  the  corporation  ;  they  shall  also  choose 
a  clerk,  who  shall  also  be  clerk  of  the  corporation,  and  sworn  to 
the  faithful  performance  of  his  duties  ;  a  treasurer,  who  shall  give 
bonds,  with  sureties  to  their  satisfaction,  for  the  faithful  perform- 


NEW    HAMPSHIRE.  575 

ance  of  his  trust ;  and  such  other  officers,  agents,  and  servants  as 
they  may  deem  expedient,  fix  their  salaries,  and  generally  shall 
have  and  exercise  all  the  powers  of  the  corporation  for  carrying 
into  eflect  the  objects  and  purposes  of  this  Act. 

Sect.  4.  A  toll  is  hereby  granted  to  the  corporation,  for  their 
benefit,  on  all  passengers  and  property  which  may  be  transported 
on  said  railroad,  at  such  rates  as  may  from  time  to  time  be  agreed 
on  by  the  directors :  Provided^  that  in  any  and  every  year,  when 
the  net  receipts  from  the  use  of  said  road  shall  exceed  the  average 
of  ten  per  cent,  per  annum  from  the  commencement  of  their  opera- 
tions, the  excess  shall  be  paid  into  the  treasury  of  the  State,  until 
otherwise  ordered  by  the  legislature. 

Sect.  5.  The  president  and  directors,  for  the  time  being,  are 
authorized  and  empowered,  by  themselves  or  their  agents,  to  exer- 
cise all  the  powers  hereby  granted  to  the  corporation,  for  the  purpose 
of  constructing  and  completing  their  railroad,  and  for  the  transpor- 
tation of  persons,  goods,  and  merchandise  thereon,  and  all  such 
other  power  and  authority  for  the  management  of  the  affairs  of  the 
corporation,  not  heretofore  granted,  as  may  be  necessary  and  proper 
to  carry  into  effect  the  object  of  this  grant ;  to  purchase  land, 
materials,  engines,  cars,  depot  buildings,  machine  shops,  and  other 
things,  in  the  name  of  the  corporation,  for  the  use  of  the  railroad, 
and  the  transportation  of  persons,  goods,  and  merchandise;  to  make 
such  equal  assessments,  from  time  to  time  on  all  the  shares  in  said 
corporation,  as  they  may  deem  expedient  and  necessary  in  the 
execution  and  progress  of  the  work,  and  direct  the  same  to  be  paid 
to  the  treasurer  of  the  corporation,  and  the  treasurer  shall  give 
notice  of  said  assessments;  and  if  any  subscriber  shall  neglect,  for 
sixty  days  after  such  notice,  to  pay  his  assessment,  the  directors 
may  order  the  treasurer  to  sell  his  share  or  shares  at  public  auc- 
tion, due  notice  thereof  being  given,  to  the  highest  bidder,  and  the 
same  shall  be  transferred  to  the  purchaser,  and  such  delinquent 
subscriber  shall  be  held  accountable  to  the  company  for  the  balance, 
if  his  share  or  shares  shall  sell  for  less  than  the  assessment  or  assess- 
ments due  thereon,  with  interest  and  cost  of  sale,  and  such  sub- 
scriber shall  be  entitled  to  the  surplus,  if  any  there  be  :  P?'ovided, 
no  assessment  shall  be  laid  on  any  share  for  any  greater  am.ount 
than  one  hundred  dollars,  in  the  whole,  on  each  share;  and  if  any 
greater  amount  of  money  shall  be  necessary  to  complete  said  rail- 
road, it  shall  be  raised  by  creating  new  shares,  giving  to  the  stock- 
holders in  the  corporation  the  right  to  take  said  shares,  in  pro- 


576  NASHUA  AND   EPPING  RAILROAD    COMPANY. 

portion  to  the  shares  by  them  respectively  owned  in  said  corpo- 
'ration. 

Sect.  6,  If  the  said  raihoad,  shall  in  the  course  thereof,  intersect 
or  cross  any  private  way,  the  said  corporation  shall  so  construct 
said  railroad,  as  not  to  obstruct  the  safe  and  convenient  use  of 
said  private  way ;  and  if  said  railroad  shall  not  be  so  constructed, 
the  owner  of  said  private  way  shall  be  entitled  to  his  reasonable 
damages  for  said  injury,  to  be  recovered  by  action  on  the  case,  to 
be  commenced  within  two  years  from  such  obstruction,  and  not 
afterwards ;  and  if  said  railroad  shall,  in  the  course  thereof,  inter- 
sect or  cross  any  canal,  turnpike  road,  or  other  public  highway, 
the  said  railroad  shall  be  so  constructed  as  not  to  obstruct  the  safe 
and  convenient  use  of  such  canal,  turnpike  road,  or  other  high- 
way ;  and  the  said  corporation  shall  have  power  to  raise  or  lower 
such  turnpike  road,  highway,  or  private  way,  so  that  the  railroad 
may  pass  over  or  under  the  same;  and  if  said  corporation  shall 
raise  or  lower  such  turnpike  road,  or  highway,  and  shall  not  so 
raise  or  lower  the  same  as  to  be  satisfactory  to  the  proprietors  of 
such  turnpike  road,  or  to  the  selectmen  of  the  towns  in  which  said 
highway  is  situated,  as  the  case  may  be,  said  proprietors,  or  select- 
men may  require,  in  writing,  of  said  corporation,  such  amendment 
or  alteration  as  they  may  think  necessary ;  and  if  the  amendment 
or  alteration  be  reasonable  and  proper,  in  the  written  opinion  of  the 
road  commissioners  for  the  county  in  which  such  amendment  or 
alteration  is  proposed,  and  the  said  corporation  shall  unreasonably 
and  unnecessarily  neglect  to  make  the  same,  said  proprietors  or 
selectmen,  as  the  case  may  be,  may  proceed  to  make  such  altera- 
tions or  amendments ;  and  may  institute,  and  prosecute  to  final 
judgment  and  execution,  an  action  on  the  case  against  such  corpo- 
ration, and  shall  therein  recover  reasonable  damages  for  all  charges, 
disbursements,  labor,  and  services,  occasioned  by  making  such 
alterations  and  amendments,  with  costs  of  suit ;  and  said  corpora- 
tion shall  constantly  maintain,  in  good  repair,  all  bridges,  with 
their  abutments  and  embankments,  which  it  may  construct  for 
the  purpose  of  conducting  said  railroad  over  any  canal,  turnpike 
road,  highway,  or  private  way,  or  for  conducting  the  same  over 
said  railroad,  and  in  default  thereof,  shall  be  liable,  in  an  action  on 
the  case,  to  respond  in  damages  to  any  party  aggrieved  ;  and  if  it 
shall  be  necessary  to  alter  the  course  of  any  turnpike  road  or  other 
highway,  where  the  said  railroad  may  run  upon  or  near  the  same, 
or  for  the  purpose  of  avoiding  or  facilitating  the  crossing  thereof, 


NEW    HAMPSHIRE.  577 

such  turnpike  road  or  highway  may  be  so  altered,  with  the  appro- 
bation of  the  road  commissioners  for  the  county,  provided  such 
aheration  will  not,  in  their  opinion,  essentially  injure  said  way. 

Sect.  7.  The  said  company  shall  have  power  to  make,  ordain 
and  establish  all  such  by-laws,  rules,  regulations,  and  ordinances, 
as  they  shall  deem  expedient  and  necessary  to  accomplish  the 
designs  and  purposes,  and  to  carry  into  effect  the  provisions  of  this 
Act,  and  for  the  well-ordering,  regulating,  and  securing  the  interests 
and  affairs  of  the  company ;  provided  the  same  be  not  repugnant 
to  the  constitution  and  laws  of  this  State. 

Sect.  S.  The  annual  meeting  of  the  members  of  said  company 
shall  be  holden  at  such  time  and  place,  in  this  State,  as  the  com- 
pany by  their  by-laws,  or  the  directors  for  the  time  being,  shall 
appoint,  at  which  meeting  the  directors  shall  be  chosen  by  ballot; 
and  the  three  persons  first  named  in  this  Act,  or  any  two  of  them, 
are  hereby  authorized  to  call  the  first  meeting  of  said  company,  by 
advertising  the  same  three  weeks  successively  in  a  newspaper 
printed  in  Nashua,  in  this  State ;  and  the  directors  are  hereby 
authorized  to  call  special  meetings  of  the  stockholders,  whenever 
they  shall  deem  it  expedient  and  proper,  giving  such  notice  as  the 
company  by  their  by-laws  shall  direct. 

Sect.  9.  If  the  said  corporation  shall  not  have  been  organized, 
and  have  expended  the  sum  of  one  hundred  thousand  dollars 
towards  the  construction  of  said  railroad,  before  the  first  day  of 
January,  in  the  year  of  our  Lord  one  thousand  eight  hundred  and 
fifty-four,  this  Act  shall  be  void ;  and  this  Act  shall  be  void  as  to 
any  and  every  portion  of  said  railroad,  which  shall  not  be  com- 
pleted and  fit  for  use,  nn  or  before  the  first  day  of  January,  in  the 
year  of  our  Lord  one  thousand  eight  hundred  and  fifty-eight. 

Sect.  10.  The  legislature  may  at  any  time  alter,  amend,  or  repeal 
this  Act,  or  any  of  its  provisions,  whenever  in  their  opinion  the 
public  good  may  require  such  alteration,  amendment  or  repeal. 

Sect.  1L  This  Act  shall  take  effect  from  its  passage.  Ap- 
proved, December  29,  1848. 


49 


578  WHITE   MOUNTAINS   RAILROAD. 

"\^TIITE  ^MOUNTAINS  RAILROAD. 

INCORPORATED    IN    NEW    HAMPSHIRE    IN    1848. 

Chapter  111  of  the  Private  Acts  of  1848  contains  the  Charter. 

Sect.  1  grants  corporate  powers. 

Sect.  2  authorizes  the  Company  to  construct  a  railroad,  on  the  route  described,  and 
t6  connect  -with  any  other  road,  on  terms,  if  not  agreed,  to  be  prescribed  by  the  Supe- 
rior Court  of  Judicature  of  the  State ;  also  to  hold  lands,  and,  after  500  shares  are 
subscribed,  to  make  assessments  thereon,  and  to  create  new  shares,  if  necessary  j 
but  they  shall  only  hold  land,  besides  that  necessary  for  the  road,  worth  5  per 
cent,  on  their  capital  stock. 
Sect.  3  fixes  the  capital  stock  at  not  less  than  oOO  nor  more  than  10,000  shares,  and 
vests  the  government  in  seven  directors,  who  may  choose  other  officers. 

Sect.  4  grants  a  toll  to  the  Corporation  on  passengers  and  property  transported  ;  if 
the  net  receipts  exceed  an  average  of  10  per  cent,  per  aimum,  the  surplus  shall  be 
paid  into  the  treasury  of  the  State. 

Sect.  5  empowers  the  President  and  Directors  to  hold  necessary  lands ;  to  make 
equal  assessments  on  shares,  and  to  sell  the  same  for  nonpayment  of  assessments  ; 
but  no  assessment  shall  exceed  $100  on  each  share,  and  new  shares  may  be 
created,  if  necessary. 

Sect.  6  provides,  if  the  railroad  cross  or  intersect  any  private  way,  highway,  or 
canal,  that  it  shall  be  so  constructed  as  not  to  obstruct  the  same  ;  the  Company 
shall  be  liable  for  all  damages,  and  shall  maintain  bridges  over  such  crossings. 

Sect.  7  authorizes  the  Company  to  make  by-laws  not  repugnant  to  the  laws  of  the 
State. 

Sect.  8  appoints  the  time  of  the  annual  meeting,  when  Directors  shall  be  chosen, 
■who  may  call  special  meetings,  if  necessary ;  it  prescribes  the  mode  of  organiza- 
tion. 

Sect.  9  provides,  if  the  Corporation  shall  not  have  been  organized  and  have 
expended  $100,000  in  constructing  the  road,  before  January  1,  1854,  that  this  Act 
shall  be  void ;  and  that  it  shall  be  void,  as  to  every  part  not  completed  and  fit  for 
use  on  or  before  January  1,  1859,  but  shall  be  in  force  for  that  part  completed,  if 
$30,000  are  annually  expended  after  1854. 

Sect.  10  reserves  to   the  Legislature  the  right  to  amend  or  repeal  this  Act. 

Sect.  11  provides  that  this  Act  shaU  take  eflcct  immediately. 


Laws  of  1848,  Chap.  772. 

An  Act  to  incorporate  the  "V\Tiite  Mountains  Railroad. 

Sect.  1.  Be  it  enacted,    ^'c.  That  David   G.    Goodall,  Morris 
Clark,  Ebenezer  Eastman,   Presbury  West,  jr.,  Nahum  D.  Day, 


KEW    HAMPSHIRE.  579 

Leonard  Johnson,  Richard  P.  Kent,  Royal  Joyshn,  James  ^Y. 
Weeks,  William  Burns,  William  D.  Spaulding,  Thomas  Smith, 
Asa  Colby,  Thomas  Montgomery,  John  M.  Gove,  Asa  W^oodbnry, 
Edward  O.  Keney,  Henry  A.  Bellows,  John  Gile,  Willard  Cob- 
leigh.  Nelson  Gile,  Greenlief  Cummings,  Levi  Parker,  Daniel 
Clark,  James  P.  Webster,  Jonathan  Moulton,  Benjamin  Paddle- 
ford,  Andrew  S.  Woods,  Ira  Goodall,  Samuel  Ross,  William  Lang, 
Abiel  Deming,  Enos  Wells,  and  Ira  Whitcher,  their  associates,  suc- 
cessors, and  assigns,  be  and  they  hereby  are  made  a  body  corpo- 
rate, by  the  name  of  the  White  Mountains  Railroad,  with  all  the 
rights  and  privileges,  liabilities  and  duties,  by  the  laws  of  this 
State  incident  to  railroad  corporations,  and  necessary  and  proper 
to  carry  into  effect  the  purposes  of  this  Act. 

Sect.  2.  The  said  corporation  is  hereby  authorized  and  empow- 
ered to  locate,  build  and  maintain  a  railroad,  not  exceeding  six  rods 
in  width,  with  necessary  additions  for  cuttings  and  embankments, 
from  some  point  on  the  Boston,  Concord  and  Montreal  Railroad,  in 
Haverhill,  near  Woodsville,  thence  up  the  valley  of  the  Amonoosuck 
river,  through  Haverhill,  Bath,  Landaflf,  Lisbon,  Littleton,  Bethle- 
hem, Whitefield,  Dalton,  and  Lancaster,  to  some  point  on  the 
Atlantic  and  St.  Lawrence  Railroad,  in  Lancaster,  with  power  to 
enter  upon  and  use  said  railroad,  or  any  other  connected  -with 
them,  on  such  terms  as  the  Superior  Court  of  Judicature  of  this 
State  may  prescribe,  (if  the  parties  do  not  agree,)  on  condition  that 
this  corporation  shall  comply  with  the  rules  and  regulations  of  the 
corporation  whose  road  they  use,  or  such  as  said  court  shall 
appoint,  and  on  their  admitting  other  railroads  to  enter  upon  and 
use  their  road  on  the  same  terms  and  conditions ;  and  this  corpo- 
ration may  purchase  lands,  and  hold  and  convey  the  same,  and 
may,  on  having  five  hundred  shares  subscribed  to  their  capital 
stock,  make  assessments  thereon  and  call  in  the  same,  and  com- 
mence building  said  road,  and  may  by  new  subscriptions  of  shares 
enlarge  the  capital  stock  as  needed  to  progress  in  said  Avork  to 
complete  said  road,  and  may  from  time  to  time  assess  all  the  shares 
subscribed  for,  equally,  to  carry  on  the  work  until  it  is  completed 
and  put  to  use  :  j^rovidcd,  said  corporation  shall  hold  no  more  land, 
exclusive  of  what  is  within  the  limits  of  their  road,  and  necessary 
for  procuring  stone,  sand,  and  gravel,  and  for  machine  shops  and 
depot  accommodations,  than  shall  be  worth,  at  the  time  of  its 
purchase,  five  per  cent,  on  their  capital  stock. 

Sect.  3.  The  capital  stock  of  said  corporation  shall  consist  of 


580  WHITE   MOUNTAINS  RAILROAD. 

not  less  than  five  himdred  shares,  nor  more  than  ten  thousand 
shares,  and  the  immediate  government  and  direction  of  the  affairs 
thereof  shall  be  vested  in  seven  directors,  who  shall  be  chosen  by 
the  stockholders  or  members,  in  the  manner  hereinafter  provided, 
and  shall  hold  their  offices  until  others  shall  be  duly  elected  and 
qualified  in  their  stead ;  and  the  said  directors,  a  majority  of  whom 
shall  form  a  quorum  for  the  transaction  of  business,  shall  elect  one 
of  their  number  to  be  president  of  the  board  and  of  the  corpora- 
tion ;  they  shall  also  choose  a  clerk,  who  shall  also  be  clerk  of  the 
corporation,  and  sworn  to  the  faithful  performance  of  his  duties; 
a  treasurer,  who  shall  give  bond,  with  sureties  to  their  satisfaction, 
for  the  faithful  performance  of  his  trust,  and  such  other  oflicers, 
agents  and  servants  as  they  may  deem  expedient,  fix  their  sala- 
ries, and  generally  shall  have  and  exercise  all  the  powers  of  the 
corporation  for  carrying  into  effect  the  objects  and  purposes  of  this 

Act. 

Sect.  4.  A  toll  is  hereby  granted  to  the  corporation  for  their 
benefit  on  all  passengers  and  property  which  may  be  transported 
on  said  railroad,  at  such  rates  as  may  from  time  to  time  be  agreed 
on  by  the  directors  :  Provided,  that  in  any  and  every  year  when 
the  net  receipts  from  the  use  of  said  road  shall  exceed  the  average 
of  ten  per  cent,  per  annum  from  the  commencement  of  their  opera- 
tions, the  excess  shall  be  paid  into  the  treasury  of  the  Stale,  until 
otherwise  ordered  by  the  legislature. 

Sect.  5.  The  president  and  directors  for  the  time  being  are 
authorized  and  empowered,  by  themselves  or  their  agents,  to  exer- 
cise all  the  powers  hereby  granted  to  the  corporation,  for  the  pur- 
pose of  constructing  and  completing  their  railroad,  and  for  the 
transportation  of  persons,  goods,  and  merchandise  thereon,  and  all 
such  other  power  and  authority  for  the  management  of  the  affairs 
of  the  corporation,  not  heretofore  granted,  as  may  be  necessary 
and  proper  to  carry  into  effect  the  object  of  this  grant;  to  purchase 
land,  materials,  engines,  cars,  depot  buildings,  machine  shops,  and 
other  things,  in  the  name  of  the  corporation,  for  the  use,  of  the 
railroad  the  transportation  of  persons,  goods,  and  merchandise ; 
to  make  such  equal  assessments,  from  time  to  time,  on  all  the 
shares  in  said  corporation,  as  they  may  deem  expedient  and  neces- 
sary, in  the  execution  and  progress  of  the  work,  and  direct  the 
same  to  be  paid  to  the  treasurer  of  the  corporation ;  and  the  treas- 
urer shall  give  notice  of  said  assessments,  and  if  any  subscriber 
shall  neglect,  for  sixty  days  after  such  notice,  to  pay  his  assess- 


NEW  HAMPSHIRE.  581 

ment,  the  directors  may  order  the  treasurer  to  sell  his  share  or 
shares  at  public  auction,  due  notice  thereof  being  given,  to  the 
highest  bidder,  and  the  same  shall  be  transferred  to  the  purchaser ; 
and  such  delinquent  subscriber  shall  be  held  accountable  to  the 
company  for  the  balance,  if  his  share  or  shares  shall  sell  for  less 
than  the  assessment  or  assessments  due  thereon,  and  interest  and 
costs  of  sale,  and  such  subscriber  shall  be  entitled  to  the  surplus, 
if  any  there  be  :  Provided^  no  assessment  shall  be  laid  on  any 
share,  for  any  greater  amount  than  one  hundred  dollars  in  the 
whole  on  each  share,  and  if  any  greater  amount  of  money  shall  be 
necessary  to  complete  said  railroad,  it  shall  be  raised  by  creating 
new  shares,  giving  to  the  stockholders  in  the  corporation  the  right 
to  take  said  shares,  in  proportion  to  the  shares  by  them  respectively 
owned  in  said  corporation,  provided  they  seasonably  apply  and 
subscribe  for  the  same. 

Sect.  6.  If  the  said  railroad,  shall  in  the  course  thereof,  inter- 
sect or  cross  any  private  way,  the  said  corporation  shall  so  con- 
struct said  railroad  as  not  to  obstruct  the  safe  and  convenient  use 
of  said  private  way,  and  if  said  railroad  shall  not  be  so  con- 
structed, the  owner  of  said  private  way  shall  be  entitled  to  his 
reasonable  damages  for  said  injury,  to  be  recovered  by  action  on 
the  case,  to  be  commenced  within  two  years  from  such  obstruction, 
and  not  afterwards.  And  if  the  said  railroad  shall  in  the  course 
thereof,  intersect  or  cross  any  canal,  turnpike  road,  or  other  public 
highway,  the  said  railroad  shall  be  so  constructed  as  not  to  obstruct 
the  safe  and  convenient  use  of  such  canal,  turnpike  road,  or  other 
highway,  and  the  said  corporation  shall  have  power  to  raise  or 
lower  such  turnpike  road,  highway,  or  private  way,  so  that  the 
railroad  may  pass  under  or  over  the  same ;  and  if  said  cor- 
poration shall  raise  or  lower  such  turnpike  road,  or  highway, 
and  shall  not  so  raise  or  lower  the  same  as  to  be  satisfactory  to 
the  proprietors  of  such  turnpike  road,  or  to  the  selectmen  of  the 
towns  in  which  said  highway  is  situated,  as  the  case  may  be, 
said  proprietors  or  selectmen  may  require,  in  writing,  of  said 
corporation  such  amendment  or  alteration  as  they  may  think 
necessary ;  and  if  the  amendment  or  alteration  be  reasonable 
and  proper,  in  the  written  opinion  of  the  road  commissioners  for 
the  county  in  which  such  amendment  or  alteration  is  proposed,  and 
the  said  corporation  shall  unreasonably  and  unnecessarily  neglect 
to  make  the  same,  said  proprietors  or  selectmen,  as  the  case  may 
be,  may  proceed  to  make  such  alterations  or  amendments,  and  may 

49* 


582  ^THITE  Mor^'TAIXs  railroad. 

institute  and  prosecute  to  final  judgment  and  execution,  an  action 
on  the  case  against  such  corporation,  and  shall  therein  recover 
reasonable  damages  for  all  charges,  disbursements,  labor,  and  ser- 
vices, occasioned  by  making  such  alterations  and  amendments,  with 
costs  of  suit.  And  said  corporation  shall  constantly  maintain,  in 
good  repair,  all  bridges  with  their  abutments  and  embankments 
which  it  may  construct,  for  the  purpose  of  conducting  said  railroad 
over  any  canal,  turnpike  road,  highway,  or  private  way,  or  for 
conducting  the  same  over  said  railroad,  and  in  default  thereof  shall 
be  liable  in  an  action  on  the  case,  to  respond  in  damages  to  any 
party  aggrieved  :  and  if  it  shall  be  necessary  to  alter  the  course  of 
any  turnpike  road  or  other  highway,  where  the  said  railroad  may 
run  upon  or  near  the  same,  or  for  the  purpose  of  avoiding  or  facil- 
itating the  crossing  thereof,  such  turnpike  road  or  highway  may  be 
so  altered,  with  the  approbation  of  the  road  commissioners  for  the 
county,  provided  such  alteration  will  not.  in  their  opinion,  essen- 
tially injure  said  way. 

Sect.  7.  The  said  company  shall  have  power  to  make,  ordain, 
and  establish  all  such  by-laws,  rules,  regulations,  and  ordinances, 
as  they  shall  deem  expedient  and  necessary  to  accomplish  the 
designs  and  purposes,  and  to  carry  into  effect  the  provisions  of  this 
Act.  and  for  the  well-ordering,  regulating,  and  securing  the  inter- 
ests and  affairs  of  the  company  ;  provided  the  same  be  not  repug- 
nant to  the  constitution  and  laws  of  this  State. 

Sect.  S.  The  annual  meeting  of  the  members  of  said  company 
shall  be  holden  at  such  time  and  place,  in  this  State,  as  the  com- 
pany by  their  by-laws,  or  the  directors,  for  the  time  being,  shall 
appoint,  at  which  meeting  the  directors  shall  be  chosen  by  ballot  : 
and  the  three  persons  first  named  in  this  Act.  or  any  two  of  them, 
are  hereby  authorized  to  call  the  first  meeting  of  said  company,  by 
advertising  the  same  three  weeks  successively  in  a  newspaper 
printed  in  Lebanon,  Haverhill  and  Lancaster,  in  this  State,  or  any 
two  of  them  ;  and  the  directors  are  hereby  authorized  to  call  special 
meetings  of  the  stockholders,  whenever  they  shall  deem  it  expedi- 
ent and  proper,  giving  such  notice  as  the  company  by  their  by- 
laws shall  direct. 

Sect.  9.  If  the  said  corporation  shall  not  have  been  organized, 
and  have  expended  the  sum  of  one  hundred  thousand  dollars 
towards  the  construction  of  said  railroad,  before  the  first  day  of 
January,  m  the  year  of  our  Lord  one  thousand  eight  hundred  and 
fifty-four,  this  Act  shall  be  void ;  and  this  Act  shall  be  void  as  to 


XEW    HAMPSHIRE.  583 

any  and  every  portion  of  said  railroad,  which  shall  not  be  com- 
pleted and  fit  for  use,  on  or  before  the  first  day  of  January,  in  the 
year  of  our  Lord  one  thousand  eight  hundred  and  fifty-nine,  but 
shall  be  good  for  all  then  completed,  provided  they  expend  on  said 
road  thirty  thousand  dollars  in  each  year  after  1854. 

Sect.  10.  The  legislature  may  at  any  time  alter,  amend,  or 
repeal  this  Act,  or  any  of  its  provisions,  whenever  in  their  opinion 
the  public  good  may  require  such  alteration,  amendment,  or  repeal. 

Sect.  11.  This  Act  shall  take  effect  from  its  passage.  Approved, 
Dec.  24,  1848. 


THE   ilOXADNOCK  RAILEOAD    COMPAXY. 

IXCORPORATED    IN    NEW    HAMPSHIRE    IN    1848. 

Chapter  773  of  the  Private  Acts  of  1848  contains  the  Charter. 

Sect.  1  grants  corporate  powers. 

Sect.  2  empowers  the  Company  to  locate  and  construct  a  railroad  on  the  route 
described,  and  to  enter  upon  the  Cheshire  Railroad,  by  paj'ing  the  tolls  prescribed 
by  the  Legislature,  and  complj-ing  with  said  Company's  regulations ;  also  to  \inite 
M-ith  any  railroad  company,  incorporated  in  Massachusetts  and  connecting  with 
said  Cheshire  Railroad ;  also  to  enter  upon  the  Contoocook  Valley  Railroad,  or 
Peterborough  and  Shirley  Railroad,  paying  toUs  and  complying  with  regulations  as 
aforesaid  ;  but  they  shall  only  hold  land,  exclusive  of  that  necessary  for  the  road, 
worth  5  per  cent,  on  the  capital  stock. 

Sect.  3  fixes  the  capital  stock  at  3000  shares,  and  vests  the  government  in  seven 
Directors,  who  may  choose  other  officers. 

Sect.  4  grants  a  toU  on  persons  and  property  transported ;  but,  if  the  net  receipts 
exceed  the  average  of  10  per  cent,  per  annum,  the  excess  shall  be  paid  into  the 
treasiiry  of  the  State. 

Sect.  5  authorizes  the  President  and  Directors  to  purchase  land,  to  make  equal 
assessments  on  shares,  and  to  sell  them  for  nonpayment  of  assessments ;  but  no 
assessment  shall  be  laid  on  any  share  for  more  than  $100,  and  new  shares  may  be 
created,  if  necessary. 

Sect.  6  provides,  if  said  railroad  cross  or  intersect  any  private  way,  highway,  or 
canal,  that  it  shall  be  so  built  as  not  to  obstruct  the  same ;  the  Company  being 
liable  for  all  damages,  and  bound  to  maintain  all  necessary  bridges. 

Sect.  7  authorizes  the  Company  to  make  necessary  by-laws,  not  repugnant  to  the 
laws  of  the  State. 

Sect.  8  appoints  the  time  of  the  annual  meeting,  when  Directors  shall  be  chosen, 
who  may  call  special  meetings,  if  necessary  ;  it  prescribes  the  mode  of  organiza- 
tion. 

Sect.  9  provides,  if  the  Company  shall  not  have  been  organized,  and  have  expended 
§50,000  in  the  construction  of  the  road,  before  Januarj'  1,  1853,  that  this  Act  shall 


584  MONADNOCK    RAILROAD    COMPANY. 

be  null  and  void ;  and  that  it  shall  be  null  and  void,  as  to  every  part  not  completed 

and  fit  for  use  on  or  before  January  1,  1858. 
Sect.  10  reserves  to  the  Legislature  the  right  to  amend  or  repeal  this  Act, 
Sect.  11  provides  that  this  Act  shall  take  effect  immediately. 


Laws  op  1848,  Chap.  773. 
An  Act  to  incorporate  the  Monadnock  Railroad  Company. 

Sect.  1.  Be  it  enacted,  ^-c.  That  John  Conant,  Stephen  Jewett, 
Stephen  P.  Steele,  James  Walker,  James  Scott,  John  Damon,  Jonas 
M.  Melville,  Oliver  Prescott,  John  Felt,  Peter  Upton,  Stephen  B. 
Sherwin,  Levi  Howe,  Amos  A.  Parker,  Henry  Shirley,  and  Nelson 
Howe,  their  associates,  successors,  and  assigns,  be  and  they  hereby 
are  made  a  body  corporate,  by  the  name  of  the  Monadnock  Rail- 
road Company,  with  all  the  rights  and  privileges,  liabilities  and 
duties,  by  the  laws  of  this  State  incident  to  railroad  corporations, 
and  necessary  and  proper  to  carry  into  effect  the  purposes  of  this 
Act. 

Sect.  2  The  said  corporation  is  hereby  authorized  and  empow- 
ered to  locate,  build  and  maintain  a  railroad  not  exceeding  six 
rods  in  width,  with  necessary  additions  for  cuttings  and  embank- 
ments, from  the  line  of  the  State,  in  Fitzwilliam,  or  westerly  part 
of  Rindge,  or  from  some  point  on  the  Cheshire  Railroad,  in  either 
of  said  towns,  through  the  towns  of  Rindge,  and  Jatfrey,  to  any  con- 
venient point  in  the  town  of  Peterborough ;  and  the  said  railroad 
corporation  may  enter  said  Cheshire  Railroad,  in  either  of  said  towns 
of  Rindge  or  Fitzwilliam,  paying  for  the  right  to  use  the  same,  or 
any  part  thereof,  such  a  rate  of  toll  as  the  legislature  may  from 
time  to  time  prescribe,  complying  with  such  rules  and  regulations 
as  may  be  established  by  said  Cheshire  corporation  ;  or  may  inter- 
sect and  unite  with  any  railroad  corporation  on  the  line  of  the 
State  that  the  legislature  of  Massachusetts  may  charter  connecting 
with  said  Cheshire  Railroad ;  and  also  the  said  railroad  corpora- 
tion may  enter  upon  the  Contoocook  Valley  [Railroad]  or  Peter- 
borough and  Shirley  Railroad,  at  any  convenient  point  in  the  town 
of  Peterborough  or  Jaffray,  paying  for  the  right  to  use  the  same, 
or  any  part  thereof,  such  a  rate  of  toll  as  the  legislature  may  from 
time  to  time  prescribe,  complying  with  such  rules  and  regulations 
a%  may  be  established  by  said  Contoocook  Valley  or  Peterborough 
and   Shirley  Railroad  :  Provided^  said  corporation  shall  hold  no 


NEW    HAMPSHIRE.  585 

more  land,  exclusive  of  what  is  within  the  limits  of  their  road,  and 
necessary  for  procuring  stone,  sand,  and  gravel,  and  for  machine 
shops  and  depot  accommodations,  than  shall  be  worth,  at  the  time 
of  its  purchase,  five  per  cent,  on  their  capital  stock. 

Sect.  3.  The  capital  stock  of  said  corporation  shall  consist  of 
three  thousand  shares ;  and  the  immediate  government  and  direction 
of  the  affairs  thereof  shall  be  vested  in  seven  directors,  who  shall 
be  chosen  by  the  stockholders,  or  members,  in  the  manner  herein- 
after provided,  and  shall  hold  their  offices  until  others  shall  be  duly 
elected  and  qualified  in  their  stead ;  and  the  said  directors,  a  ma- 
jority of  whom  shall  form  a  quorum  for  the  transaction  of  business, 
shall  elect  one  of  their  number  to  be  president  of  the  board  and  of 
the  corporation ;  they  shall  also  choose  a  clerk,  who  shall  also  be 
clerk  of  the  corporation,  and  sworn  to  the  faithful  performance  of 
his  duties ;  a  treasurer,  who  shall  give  bond,  with  sureties  to  their 
satisfaction,  for  the  faithful  performance  of  his  trust ;  and  such 
other  officers,  agents,  and  servants  as  they  may  deem  expedient: 
fix  their  salaries,  and  generally  shall  have  and  exercise  all  the 
powers  of  the  corporation,  for  carrying  into  effect  the  objects  and 
purposes  of  this  Act. 

Sect.  4.  A  toll  is  hereby  granted  to  the  corporation  for  their 
benefit,  on  all  passengers  and  property  which  may  be  transported 
on  said  railroad,  at  such  rates  as  may  from  time  to  time  be  agreed 
on  by  the  directors  :  Provided,  that  in  any  and  every  year,  when 
the  net  receipts  from  the  use  of  said  road  shall  exceed  the  average 
often  per  cent,  per  annum  from  the  commencement  of  their  opera- 
tions, the  excess  shall  be  paid  into  the  treasury  of  the  State,  until 
otherwise  ordered  by  the  legislature. 

Sect.  5.  The  president  and  directors,  for  the  time  being,  are  au- 
thorized and  empowered,  by  themselves  or  their  agents,  to  exercise 
all  the  powers  hereby  granted  to  the  corporation,  for  the  purpose  of 
constructing  and  completing  their  railroad,  and  for  the  transporta- 
tion of  persons,  goods,  and  merchandise  thereon,  and  all  such  other 
power  and  authority  for  the  management  of  the  afiairs  of  the 
corporation,  not  heretofore  granted,  as  may  be  necessary  and  proper 
to  carry  into  eflect  the  object  of  this  grant ;  to  purchase  land, 
materials,  engines,  cars,  depot  buildings,  machine  shops,  and  other 
things,  in  the  name  of  the  corporation,  for  the  use  of  the  railroad 
and  the  transportation  of  persons,  goods,  and  merchandise  ;  to  make 
such  equal  assessments,  from  time  to  time,  on  all  the  shares  in 
said  corporation,  as  they  may  deem  expedient  and  necessary  in  the 


586  MONADNOCK  E.AILROAD    COMPAXY. 

execution  and  progress  of  the  work,  and  direct  the  same  to  be  paid 
to  the  treasurer  of  the  corporation;  and  the  treasurer  shall  give 
notice  of  said  assessments,  and  if  any  subscriber  shall  neglect,  for 
sixty  days  after  such  notice,  to  pay  his  assessment,  the  directors 
may  order  the  treasurer  to  sell  his  share  or  shares  at  public  auction, 
due  notice  thereof  being  given,  to  the  highest  bidder,  and  the  same 
shall  be  transferred  to  the  purchaser;  and  such  delinquent  sub- 
scriber shall  be  held  accountable  to  the  company  for  the  balance, 
if  his  share  or  shares  shall  sell  for  less  than  the  assessment  or 
assessments  due  thereon,  and  interest,  and  costs  of  sale  ;  and  such 
subscriber  shall  be  entitled  to  the  surplus,  if  any  there  be ;  Pio- 
vided,  no  assessment  shall  be  laid  on  any  share,  for  any  greater 
amount  than  one  hundred  dollars  in  the  whole  on  each  share,  and 
if  any  greater  amount  of  money  shall  be  necessary  to  complete  said 
railroad,  it  shall  be  raised  by  creating  new  shares,  giving  to  the 
stockholders  in  the  corporation  the  right  to  take  said  shares,  in 
proportion  to  the  shares  by  them  respectively  owned  in  said  cor- 
poration. 

Sect.  6.  If  the  said  railroad  shall,  in  the  course  thereof,  intersect 
or  cross  any  private  way,  the  said  corporation  shall  so  construct 
said  railroad  as  not  to  obstruct  the  safe  and  convenient  use  of  said 
private  way;  and  if  said  railroad  shall  not  be  so  constructed,  the 
owner  of  said  private  way  shall  be  entitled  to  his  reasonable  dam- 
ages for  said  injury,  to  be  recovered  by  action  on  the  case,  to  be 
commenced   within   two   years  from    such   obstruction,   and  not 
afterwards.     And  if  said  railroad  shall,  in  the  course  thereof,  inter- 
sect or  cross  any  canal,  turnpike  road,  or  other  public  highway,  the 
said  railroad  shall  be  so  constructed  as  not  to  obstruct  the  safe  and 
convenient  use  of  such  canal,  turnpike  road,  or  other  highway ;  and 
the   said    corporation  shall  have   power  to   raise   or  lower   such 
turnpike   road,  highway,    or  private  way,    so  that  the   railroad, 
may  pass  over  or  under  the  same;  and  if  said  corporation  shall 
raise  or  lower  such  turnpike  road,  or  highwa)^,  and  shall  not  so 
raise  or  lower  the  same  as  to  be  satisfactory  to  the  proprietors  of 
such  turnpike  road,  or  to  the  selectmen  of  the  towns  in  which  said 
highway  is  situated,  as  the  case  may  be,  said  proprietors  or  select- 
men may  require,  in  writing,  of  said  corporation  such  amendment 
or  alteration  as  they  may  think  necessary ;  and  if  the  amendment 
or  alteration  be  reasonable  and  proper,  in  the  written  opinion  of  the 
road  commissioners  for  the  county  in  which  such  amendment  or 
alteration  is  proposed,  and  the  said  corporation  shall  unreasonably 


NEW  HAMPSIimE.  587 

and  unnecessarily  neglect  to  make  the  same,  said  proprietors  or 
selectmen,  as  the  case  may  be,  may  proceed  to  make  such  altera- 
tions or  amendments ;  and  may  institute,  and  prosecute  to  final  judg- 
ment and  execution,  an  action  on  the  case  against  such  corpora- 
tion, and  shall  therein  recover  reasonable  damages  for  all  charges, 
disbursements,  labor,  and  services  occasioned  by  making  such  alter- 
ations and  amendments,  with  costs  of  suit ;  and  said  corporation  shall 
constantly  maintain,  in  good  repair,  all  bridges,  with  their  abut- 
ments and  embankments,  which  it  may  construct  for  the  purpose 
of  conducting  said  railroad  over  any  canal,  turnpike  road,  high- 
way, or  private  way,  or  for  conducting  the  same  over  said  railroad, 
and  in  default  thereof  shall  be  liable  in  an  action  on  the  case,  to 
respond  in  damages  to  any  party  aggrieved ;  and  if  it  shall  be  neces- 
sary to  alter  the  course  of  any  turnpike  road  or  other  highway, 
where  the  said  railroad  may  run  upon  or  near  the  same,  or  for  the 
purpose  of  avoiding  or  facilitating  the  crossing  thereof,  such  turn- 
pike road  or  highway  may  be  so  altered,  with  the  approbation  of 
the  road  commissioners  for  the  county,  provided  such  alteratioa 
will  not,  in  their  opinion,  essentially  injure  said  way. 

Sect.  7.  The  said  company  shall  have  power  to  make,  ordain, 
and  establish  all  such  by-laws,  rules,  regulations,  and  ordinances,  as 
they  shall  deem  expedient  and  necessary  to  accomplish  the  designs 
and  purposes,  and  to  carry  into  effect  the  provisions,  of  this  Act, 
and  for  the  well  ordering,  regulating,  and  securing  the  interests 
and  affairs  of  the  company ;  provided  the  same  be  not  repugnant 
to  the  constitution  and  laws  of  this  State. 

Sect.  8.  The  annual  meeting  of  the  members  of  said  company 
shall  be  holden  at  such  time  and  place  in  this  State,  as  the  com- 
pany by  their  by-laws,  or  the  directors  for  the  time  being,  shall 
appoint,  at  which  meeting  the  directors  shall  be  chosen  by  ballot ; 
and  the  three  persons  first  named  in  this  Act,  or  any  two  of  them, 
are  hereby  authorized  to  call  the  first  meeting  of  said  company  by 
advertising  the  same  three  weeks  successively  in  a  newspaper  printed 
in  Keene,  in  this  State ;  and  the  directors  are  hereby  authorized 
to  call  special  meetings  of  the  stockholders,  whenever  they  shall 
deem  it  expedient  and  proper,  giving  such  notice  as  the  company  by 
their  by-laws  shall  direct. 

Sect.  9.  If  the  said  corporation  shall  not  have  been  organized, 
and  have  expended  the  sum  of  fifty  thousand  dollars  towards 
the  construction  of  said  railroad,  before  the  first  day  of  January, 
in  the  year  of  our  Lord  one  thousand  eight  hundred  and  fifty^ 


588  SUNCOOK   VALLEY   RAILROAD. 

three,  this  Act  shall  be  void  ;  and  this  Act  shall  be  void  as  to 
any  and  every  portion  of  said  railroad,  which  shall  not  be  com- 
pleted and  fit  for  nse,  on  or  before  the  first  day  of  January,  in 
the  year  of  our  Lord  one  thousand  eight  hundred  and  fifty-eight. 

Sect.  10,  The  legislature  may  at  any  time  alter,  amend,  or 
repeal  this  Act,  or  any  of  its  provisions,  whenever  in  their  opinion 
the  public  good  may  require  such  alteration,  amendment,  or 
repeal. 

Sect.  11.  This  Act  shall  take  effect  from  its  passage.  Approved, 
Dec.  13,  1848. 


THE   SUNCOOK   VALLEY   RAILROAD. 
INCORPORATED    IN    NEW   HAMPSHIRE     IN    1848. 

Chapter  774  of  the  Laws  of  1848  contains  the  Charter. 

Sect.  1  grants  corporate  powers. 

Sect.  2  empowers  the  Company  to  build  a  road  on  the  route  described,  and  to  hold 
land,  exclusive  of  that  necessary  for  the  road,  worth  5  per  cent,  on  the  capital 
stock. 

Sect.  3  provides  that  the  capital  stock  shall  consist  of  not  less  than  1200,  nor  more 
than  5000  shares,  vests  the  government  in  seven  Directors,  defines  their  duties, 
and  authorizes  them  to  choose  other  officers. 

Sect.  4  grants  a  toll  for  transportation  of  persons  and  property  on  said  road ;  if  the 
net  receipts  exceed  an  average  of  10  per  cent,  per  annum,  the  excess  shall  be 
paid  into  the  State  treasury. 

Sect.  5  authorizes  the  President  and  Directors  to  exercise  necessary  powers,  to  pur- 
chase lands,  to  make  equal  assessments  on  shares,  and  to  sell  them  for  non-pay- 
ment of  assessments ;  no  greater  assessment  shall  be  laid  than  $100  on  each  share, 
and  new  shares  may  be  created,  if  necessary. 

Sect.  6  provides,  if  said  railroad  cross  or  intersect  any  private  way,  highway,  canal 
or  turnpike,  that  it  shall  be  so  built  as  not  to  obstruct  the  same  ;  the  Company 
may  raise  or  lower  said  roads,  being  liable  for  all  damages,  and  shall  maintain 
bridges  over  said  crossings. 

Sect.  7  authorizes  the  Company  to  make  necessary  by-laws,  not  repugnant  to  the 
laws  of  the  State. 

Sect.  8  provides  the  time  and  place  of  holding  the  annual  meeting,  when  Directors 
shall  be  chosen,  who  may  call  special  meetings,  if  necessary ;  it  directs  the  mode 
of  organizing  the  Company. 

Sect.  9  provides,  that  if  the  Company  shall  not  have  been  organized,  and  have 
expended  $50,000  in  the  construction  of  the  road,  before  December  1,  1853,  that 
this  Act  shall  be  void ;  and  it  shall  be  void  as  to  every  part  of  the  road,  not  com- 
pleted and  fit  for  use  on  or  before  December  1,  1855. 

Sect.  10  reserves  to  the  Legislature  the  right  to  annul  or  repeal  this  Act. 

Sect.  11  provides  that  this  Act  shall  take  effect  immediately. 


NEW  HAMPSHIRE.  689 

Laws  of  1848,  Chap.  77-1. 
An  Act  to  incorporate  the  Suncook  Valley  Railroad. 

Sect.  1.  Be  it  enacted^  ^yc.  That  John  Berry,  Jacob  Perkins, 
Thomas  D.  Merrill,  Norris  Cochran,  Matthew  Gault,  William  Par- 
ker, James  Martin,  James  A.  Treat,  HoseaC.  Knowlton,  Jonathan 
L.  Cilley,  William  Knowlton,  and  George  W.  Doe,  their  associ- 
ates, snccessors  and  assigns,  be  and  they  hereby  are  made  a  body 
corporate,  by  the  name  of  the  Suncook  Valley  Railroad,  with  all 
the  rights  and  privileges,  liabilities  and  duties,  by  the  laws  of  this 
State  incident  to  railroad  corporations,  and  necessary  and  proper 
to  carry  into  effect  the  purposes  of  this  Act. 

Sect.  2.  The  said  corporation  is  hereby  authorized  and  empow- 
ered to  locate,  build  and  maintain  a  railroad,  not  exceeding  six 
rods  in  width,  with  necessary  additions  for  cuttings  and  embank- 
ments, from  some  point  on  the  Portsmouth  and  Concord  Railroad, 
in  the  town  of  Hooksett,  Allenstown  or  Pembroke,  thence  up  the 
valley  of  the  Suncook  River,  through  any  or  all  of  the  towns  of 
Hooksett,  Allenstown,  Pembroke,  Epsom  and  Chichester,  to  Pitts- 
field  Village,  in  Pittsfield  :  Provided,  said  corporation  shall  hold 
no  more  land,  exclusive  of  what  is  within  the  limits  of  their  road, 
and  necessary  for  procuring  stone,  sand  and  gravel,  and  for 
machine  shops  and  depot  accommodations,  than  shall  be  worth,  at 
the  time  of  its  purchase,  five  per  cent,  on  their  capital  stock. 

Sect.  3.  The  capital  stock  of  said  corporation  shall  consist  of  not 
less  than  twelve  hundred,  nor  more  than  three  thousand  shares,  and 
the  immediate  government  and  direction  of  the  affairs  thereof  shall 
be  vested  in  seven  directors,  who  shall  be  chosen  by  the  stockholders 
or  members  in  the  manner  hereinafter  provided,  and  shall  hold  their 
offices  until  others  shall  be  duly  elected  and  qualified  in  their  stead  ; 
and  the  said  directors,  a  majority  of  whom  shall  form  a  quorum  for 
the  transaction  of  business,  shall  elect  one  of  their  number  to  be 
president  of  the  board  and  of  the  corporation  ;  they  shall  also  choose 
a  clerk,  who  shall  also  be  clerk  of  the  corporation,  and  sworn  to 
the  faithful  performance  of  his  duties ;  a  treasurer,  who  shall  give 
bonds,  with  sureties,  to  their  satisfaction,  for  the  faithful  perform- 
ance of  his  trust,  and  such  other  ofiicers,  agents,  and  servants  as 
they  may  deem  expedient;  fix  their  salaries,  and  generally  shall 
have  and  exercise  all  the  powers  of  the  corporation,  for  carrying 
into  effect  the  objects  and  purposes  of  this  Act. 

50 


590  SUNCOOK  VALLEY  RAILROAD. 

Sect.  4.  A  toll  is  hereby  granted  to  the  corporation,  for  their 
benefit,  on  all  passengers  and  property  which  may  be  transported 
on  said  railroad,  at  such  rates  as  may  from  time  to  time  be  agreed 
on  by  the  directors  :  Provided^  that  in  any  and  every  year,  when 
the  net  receipts  from  the  use  of  said  road  shall  exceed  the  average 
of  ten  per  cent,  per  annum  from  the  commencement  of  their  opera- 
tions, the  excess  shall  be  paid  into  the  treasury  of  the  State,  until 
otherwise  ordered  by  the  legislature. 

Sect.  5.  The  president  and  directors  for  the  time  being  are 
authorized  and  empowered,  by  themselves  or  their  agents,  to  exer- 
cise all  the  powers  hereby  granted  to  the  corporation,  for  the  pur- 
pose of  constructing  and  completing  their  railroad,  and  for  the 
transportation  of  persons,  goods,  and  merchandise  thereon,  and  all 
such  other  power  and  authority,  for  the  management  of  the  affairs 
of  the  corporation,  not  heretofore  granted,  as  may  be  necessary 
and  proper  to  carry  into  effect  the  object  of  this  grant ;  to  purchase 
land,  materials,  engines,  cars,  depot  buildings,  machine  shops,  and 
other  things,  in  the  name  of  the  corporation,  for  the  use  of  the 
railroad,  and  the  transportation  of  persons,  goods,  and  merchan- 
dise ;  to  make  such  equal  assessments  from  time  to  time  on  all  the 
shares  in  said  corporation,  as  they  may  deem  expedient  and  neces- 
sary, in  the  execution  and  progress  of  the  work,  and  direct  the 
same  to  be  paid  to  the  treasurer  of  the  corporation,  and  the  trea- 
surer shall  give  notice  of  said  assessments ;  and  if  any  subscriber 
shall  neglect,  for  sixty  days  after  such  notice,  to  pay  his  assess- 
ment, the  directors  may  order  the  treasurer  to  sell  his  share  or 
shares  at  public  auction,  due  notice  thereof  being  given,  to  the 
highest  bidder,  and  the  same  shall  be  transferred  to  the  purchaser; 
and  such  delinquent  subscriber  shall  be  held  accountable  to  the 
company  for  the  balance,  if  his  share  or  shares  shall  sell  for  less 
than  the  assessment  or  assessments  due  thereon,  and  interest,  and 
costs  of  sale,  and  such  subscriber  shall  be  entitled  to  the  surplus, 
if  any  there  be  ;  Provided,  no  assessment  shall  be  laid  on  any  share, 
for  any  greater  amount  than  one  hundred  dollars  in  the  whole  on 
each  share,  and  if  any  greater  amount  of  money  shall  be  necessary 
to  complete  said  railroad,  it  shall  be  raised  by  creating  new  shares, 
giving  to  the  stockholders  in  the  corporation  the  right  to  take  said 
shares,  in  proportion  to  the  shares  by  them  respectively  owned  in 
said  corporation. 

Sect.  6.  If  the  said  railroad  shall,  in  the  course  thereof,  intersect 
or  cross  any  private  way,  the  said  corporation  shall  so  construct 


NEW  HAMPSHIRE.  591 

said  railroad,  as  not  to  obstruct  the  safe  and  convenient  use  of  said 
private  way ;  and  if  said  railroad  shall  not  be  so  constructed,  the 
owner  of  said  private  way  shall  be  entitled  to  his  reasonable  dam- 
ages for  said  injury,  to  be  recovered  by  action  on  the  case,  to  be 
commenced  within  two  years  from  such  obstruction,  and  not  after- 
wards ;  and  if  said  railroad  shall,  in  the  course  thereof,  intersect 
or  cross  any  canal,  turnpike  road,  or  other  public  highway,  the 
said  railroad  shall  be  so  constructed,  as  not  to  obstruct  the  safe 
and  convenient  use  of  such  canal,  turnpike  road,  or  other  high- 
way ;  and  the  said  corporation  shall  have  power  to  raise  or  lower 
such  turnpike  road,  highway,  or  private  way,  so  that  the  railroad 
may  pass  over  or  under  the  same ;  and  if  said  corporation  shall 
raise  or  lower  such  turnpike  road  or  highway,  and  shall  not  so 
raise  or  lower  the  same  as  to  be  satisfactory  to  the  proprietors  of 
such  turnpike  road,  or  to  the  selectmen  of  the  towns  in  which  said 
highway  is  situated,  as  the  case  may  be,  said  proprietors  or  select- 
men may  require,  in  writing,  of  said  corporation,  such  amendment 
or  alteration  as  they  may  think  necessary ;  and  if  the  amendment 
or  alteration  be  reasonable  and  proper,  in  the  written  opinion  of 
the  road  commissioners  for  the  county  in  which  such  amendment 
or  alteration  is  proposed,  and  the  said  corporation  shall  unrea- 
sonably and  unnecessarily  neglect  to  make  the  same,  said  pro- 
prietors or  selectmen,  as  the  case  may  be,  may  proceed  to  make 
such  alterations  or  amendments,  and  may  institute,  and  prosecute 
to  final  judgment  and  execution,  an  action  on  the  case  against  such 
corporation ;  and  shall  therein  recover  reasonable  damages  for  all 
charges,  disbursements,  labor,  and  services,  occasioned  by  making 
such  alterations  and  amendments,  with  costs  of  suit;  and  said  cor- 
poration shall  constantly  maintain  in  good  repair,  all  bridges,  with 
their  abutments  and  embankments,  which  it  may  construct  for  the 
purpose  of  conducting  said  railroad  over  any  canal,  turnpike  road, 
highway,  or  private  way,  or  for  conducting  the  same  over  said  rail- 
road, and  in  default  thereof,  shall  be  liable  in  an  action  on  the  case 
to  respond  in  damages  to  any  party  aggrieved  ;  and  if  it  shall  be 
necessary  to  alter  the  course  of  any  turnpike  road  or  other  high- 
way, where  the  said  railroad  may  run  upon  or  near  the  same,  or 
for  the  purpose  of  avoiding  or  facilitating  the  crossing  thereof,  such 
turnpike  road  or  highway  may  be  so  altered,  with  the  approbation 
of  the  road  commissioners  for  the  county,  provided  such  alteration 
will  not,  in  their  opinion,  essentially  injure  said  way. 
Sect.  7.  The  said  company  shall  have  power  to  make,  ordain, 


592  MANCHESTER  AND    CANDIA    RAILROAD. 

and  establish  all  such  by-laws,  rules,  regulations,  and  ordinances,  as 
they  shall  deem  expedient  and  necessary  to  accomplish  the  designs 
and  purposes,  and  to  carry  into  effect  the  provisions,  of  this  Act,  and 
for  the  well-ordering,  regulating,  and  securing  the  interests  and 
affairs  of  the  company;  provided  the  same  be  not  repugnant  to 
the  constitution  and  laws  of  this  State. 

Sect.  8.  The  annual  meeting  of  the  members  of  said  company 
shall  be  holden  at  such  time  and  place,  in  this  State,  as  the  com- 
pany by  their  by-laws,  or  the  directors  for  the  time  being,  shall 
appoint,  at  which  meeting  the  directors  shall  be  chosen  by  ballot; 
and  the  three  persons  first  named  in  this  Act,  or  any  two  of  them, 
are  hereby  authorized  to  call  the  first  meeting  of  said  company,  by 
advertising  the  same  three  weeks  successively  in  a  newspaper 
printed  in  Concord,  in  this  State ;  and  the  directors  are  hereby 
authorized  to  call  special  meetings  of  the  stockholders,  whenever 
they  shall  deem  it  expedient  and  proper,  giving  such  notice  as  the 
company  by  their  by-laws  shall  direct. 

Sect.  9.  If  the  said  corporation  shall  not  have  been  organized, 
and  have  expended  the  sum  of  fifty  thousand  dollars  tov/ards 
the  construction  of  said  railroad,  before  the  first  day  of  December, 
in  the  year  of  our  Lord  one  thousand  eight  hundred  and  fifty- 
three,  this  Act  shall  be  void ;  and  this  Act  shall  be  void  as  to  any 
and  every  portion  of  said  railroad,  which  shall  not  be  completed 
and  fit  for  use,  on  or  before  the  first  day  of  December,  in  the  year 
of  our  Lord  one  thousand  eight  hundred  and  fifty-five. 

Sect.  10.  The  legislature  may  at  any  time  alter,  amend,  or 
repeal  this  Act  or  any  of  its  provisions,  whenever  in  their  opinion 
the  public  good  may  require  such  alteration,  amendment,  or  repeal. 

Sect.  11.  This  Act  shall  take  effect  from  its  passage.  Approved^ 
January  4,  1849. 


THE  MANCHESTER  AND   CANDIA  RAILROAD. 

INCORPORATED    IN    NEW    HAMPSHIRE    IN    1849. 

Chapter   906   of   the   Laics   of    1849    contams   the    Charter. 

Sect.  1  grants  corporate  powers. 

Sect.  2  empo-\vers  the  company  to  construct  and  maintain  a  railroad,  from  the  Con- 
cord Railroad,  Manchester  and  LaAvrence  Railroad,  or  New  Hampshire  Central 


NEW  HAMPSHIEE.  593 

Kailroad,  in  Manchester,  to  the  Portsmouth  and  Concord  RaUroad,  in  Candia  ;  and 
to  enter  upon  and  use  either  of  said  roads,  or  the  Boston  and  Mame  Railroad,  or 
either  of  said  roads  may  use  this  road,  by  paying  the  tolls,  and  complying  with  the 
rules  agreed  upon,  or  which  may  be  prescribed  by  the  Legislature ;  but  they  shall 
only  hold  land,  exclusive  of  that  necessary  for  the  road  and  its  appurtenances, 
worth,  at  the  time  of  the  purchase,  5  per  cent,  on  their  capital. 

Sect,  3  provides  that  the  stock  shall  consist  of  not  less  than  1000,  nor  more  than 
3000  shares,  and  vests  the  government  in  seven  directors ;  who  shall  choose  a 
president,  treasurer,  clerk,  and  other  necessary  officers. 

Sect.  4  grants  a  toll  for  transportation  of  passengers  and  property  on  said  road  ;  but 
when  in  any  year  the  net  receipts  thereof  exceed  the  average  of  10  per  cent,  per 
annum  from  the  commencement  of  theii-  operations,  the  surplus  shall  be  paid  into 
the  State  treasury. 

Sect.  5  authorizes  the  Directors  to  exercise  all  necessary  powers,  to  purchase  and 
hold  necessary  real  and  personal  estate,  to  make  equal  assessments  on  shares,  and 
to  sell  the  same  for  non-payment  thereof,  as  therein  provided  ;  but  no  assess- 
ment greater  than  $100  shall  be  made  on  any  share;  new  shares  may  be  created, 
if  necessary  to  complete  said  railroad. 

Sect.  6  provides  that  said  railroad,  where  it  crosses  or  intersects  any  private  way, 
highway,  canal,  or  railroad,  shall  be  so  constructed  as  not  to  obstruct  or  injure  the 
same ;  and  that  a  highway  may  be  raised  or  lowered,  if  necessary,  as  therein  pro- 
vided ;  the  Company  being  liable  for  damages,  in  neglect  of  said  provisions. 

Sect.  7  authorizes  the  Company  to  make  necessary  by-laws  and  regulations,  not 
repugnant  to  the  laws  of  the  State. 

Sect.  8  provides  that  an  annual  meeting  shall  be  held,  when  directors  shall  be 
chosen  ;  it  appoints  the  mode  of  organization,  and  authorizes  special  meetings  to 
be  called,  when  necessary. 

Sect.  9  provides,  if  the  Company  be  not  organized,  and  $100,000  be  not  expended 
in  the  construction  of  the  road,  before  December  1,  1852,  that  this  Act  shall  be 
void ;  and  that  it  shall  be  void,  as  to  any  part  of  the  road  not  completed  on  or 
before  December  1,  1854. 

Sect.  10  authorizes  the  Portsmouth  and  Concord  Railroad,  to  assign  to  this  Company 
their  right  to  build  and  use  a  railroad  between  the  limits  described  in  this  Act, 
and  thereafter  the  rights  of  the  former  Company  shall  cease  ;  otherwise,  they  shall 
revive  and  be  in  full  force. 

Sect.  11  authorizes  this  Company  to  lease  their  road  to  said  Company,  and  to  make 
contracts  with  them  respecting  their  roads. 

Sect.  12  reserves  to  the  Legislature  the  right  to  amend  or  repeal  this  Act. 

Sect.  13  provides  that  this  Act  shall  take  effect  immediately. 


Laws  of  1849,  Chap.  906. 
An  Act  to  incorporate  the  Manchester  and  Candia  Railroad. 

Sect.  1.  Be  it  enacted^  i^'c.  That  Samuel  D.  Bell,  Richard  H. 
Ayer,  David  Currier,  Edson  Hill,  David  Gillis,  Isaac  C.  Flanders, 
Daniel  Clark,  William  G.  Means,  John  Clark,  Richard  Jenness, 

50* 


594  MANCHESTER  AND    CANDIA   RAILROAD. 

James  W.  Emery,  William  C.  Clarke,  Freeman  Parker,  Stephen 
Palmer,  Franklin  Crombie,  and  William  Shepherd,  their  associates, 
sucessors,  and  assigns,  be  and  they  hereby  are  made  a  body  cor- 
porate by  the  name  of  the  Manchester  and  Candia  Railroad,  with 
all  the  rights  and  privileges,  liabilities  and  duties,  by  the  laws  of 
this  State  incident  to  railroad  corporations,  and  necessary  and 
proper  to  carry  into  effect  the  purposes  of  this  Act. 

Sect.  2,  Tlie  said  corporation  is  hereby  authorized  and  empow- 
ered to  locate,  build,  and  maintain  a  railroad  not  exceeding  six  rods 
in  width,  with  necessary  additions  for  cuttings  and  embankments, 
from  any  point  on  the  Concord  Railroad,  or  on  the  Manchester  and 
Lawrence  Railroad,  or  the  New  Hampshire  Central  Railroad,  in  the 
city  of  Manchester,  through  the  intermediate  towns,  to  a  point  on 
the  Portsmouth  and  Concord  Railroad,  in  Candia,  upon  the  route 
surveyed  and  reported  upon  by  the  railroad  commissioners,  for  a 
branch  of  the  Portsmouth  and  Concord  Railroad ;  and  to  enter  upon, 
run  over,  and  use  said  Portsmouth  and  Concord  Railroad,  the  Boston 
and  Maine  Railroad,  the  Manchester  and  Lawrence  Railroad,  the 
Concord  Railroad,  the  New  Hampshire  Central  Railroad,  or  any 
part  of  the  same,  paying  therefor  such  rates  of  toll,  and  comply- 
ing with  such  regulations  as  may  be  mutually  agreed  upon  by  said 
companies  interested,  respectively,  or  as  the  legislature  may  from 
time  to  time  prescribe;  and  the  Manchester  and  Candia  Railroad 
may  be  used  by  either  of  the  railroads  aforesaid,  subject  to  the  like 
limitations  and  conditions  :  Provided^  said  corporation  shall  hold  no 
more  land,  exclusive  of  what  is  within  the  limits  of  their  road, 
and  necessary  for  procuring  stone,  sand,  and  gravel,  and  for 
machine  shops  and  depot  accommodations,  than  shall  be  worth, 
at  the  time  of  its  purchase,  five  per  cent,  on  their  capital  stock. 

Sect.  3.  The  capital  stock  of  said  corporation  shall  consist  of 
not  less  than  one  thousand,  nor  more  than  three  thousand,  shares; 
and  the  immediate  goverriment  and  direction  of  the  affairs  thereof 
shall  be  vested  in  seven  directors,  who  shall  be  chosen  by  the  stock- 
holders or  members  in  the  manner  hereinafter  provided,  and  shall 
hold  their  offices  until  others  shall  be  duly  elected  and  qualified  in 
their  stead ;  and  the  said  directors,  a  majority  of  whom  shall  form 
a  quorum  for  the  transaction  of  business,  shall  elect  one  of  their 
number  to  be  president  of  the  board,  and  of  the  corporation  ;  they 
shall  also  choose  a  clerk,  who  shall  also  be  clerk  of  the  corpora- 
tion, and  sworn  to  the  faithful  performance  of  his  duties  ;  a  treas- 
urer, who  shall  give  bonds  with  sureties  to  their  satisfaction,  for 


NEW   HAMPSHIRE.  595 

the  faithful  performance  of  his  trust ;  and  such  other  officers, 
agents,  and  servants  as  they  may  deem  expedient;  fix  their  salaries, 
and  generally  shall  have  and  exercise  all  the  powers  of  the  cor- 
poration, for  carrying  into  effect  the  objects  and  purposes  of  this 
Act. 

Sect.  4.  A  toll  is  hereby  granted  to  the  corporation,  for  their 
benefit,  on  all  passengers  and  property  which  may  be  transported 
on  said  railroad,  at  such  rates  as  may  from  time  to  time  be  agreed 
on  by  the  directors  :  Provided^  that  in  any  and  every  year,  when 
the  net  receipts  from  the  use  of  said  road  shall  exceed  the  average 
of  ten  per  cent,  per  annum,  from  the  commencement  of  their  opera- 
tions, the  excess  shall  be  paid  into  the  treasury  of  the  State,  until 
otherwise  ordered  by  the  legislature. 

Sect.  5.  The  president  and  directors  for  the  time  being  are 
authorized  and  empowered,  by  themselves  or  their  agents,  to  exer- 
cise all  the  powers  hereby  granted  to  the  corporation,  for  the  pur- 
pose of  constructing  and  completing  their  railroad,  and  for  the 
transportation  of  persons,  goods,  and  merchandise  thereon,  and  all 
such  other  power  and  authority  for  the  management  of  the  affairs 
of  the  corporation,  not  heretofore  granted,  as  may  be  necessary  and 
proper  to  carry  into  effect  the  object  of  this  grant;  to  purchase  land, 
materials,  engines,  cars,  depot  buildings,  machine  shops,  and  other 
things,  in  the  name  of  the  corporation,  for  the  use  of  the  railroad 
and  the  transportation  of  persons,  goods,  and  merchandise ;  to 
make  such  equal  assessments  from  time  to  time  on  all  the  shares 
in  said  corporation,  as  they  may  deem  expedient  and  necessary,  in 
the  execution  and  progress  of  the  work,  and  direct  the  same  to  be 
paid  to  the  treasurer  of  the  corporation,  and  the  treasurer  shall  give 
notice  of  said  assessments  ;  and  if  any  subscriber  shall  neglect,  for 
sixty  days  after  such  notice,  to  pay  his  assessment,  the  directors 
may  order  the  treasurer  to  sell  his  share  or  shares  at  public  auction, 
due  notice  thereof  being  given,  to  the  highest  bidder,  and  the 
same  shall  be  transferred  to  the  purchaser ;  and  such  delinquent 
subscriber  shall  be  held  accountable  to  the  company  for  the  bal- 
ance, if  his  share  or  shares  shall  sell  for  less  than  the  assessment 
or  assessments  due  thereon,  and  interest,  and  costs  of  sale;  and 
such  subscriber  shall  be  entitled  to  the  surplus,  if  any  there  be; 
Provided^  no  assessment  shall  be  laid  on  any  share  for  any  greater 
amount  than  one  hundred  dollars,  in  the  whole  on  each  share;  and 
if  any  greater  amount  of  money  shall  be  necessary  to  complete 
said  railroad,  it  shall  be  raised  by  creating  new  shares,  giving  to 


596  MANCHESTER  AND   CANDIA  RAILROAD. 

the  Stockholders  in  the  corporation  the  right  to  take  said  shares, 
in  proportion  to  the  shares  by  them  respectively  owned  in  said 
corporation. 

Sect.  6.  If  the  said  railroad  shall,  in  the  course  thereof,  inter- 
sect or  cross  any  private  way,  the  said  corporation  shall  so  con- 
struct said  railroad  as  not  to  obstruct  the  safe  and  convenient 
use  of  said  private  way ;  and  if  said  railroad  shall  not  be  so  con- 
structed, the  owner  of  said  private  way  shall  be  entitled  to  his 
reasonable  damages  for  said  injury,  to  be  recovered  by  action  on 
the  case,  to  be  commenced  within  two  years  from  such  obstruction, 
and  not  afterwards  ;  and  if  said  railroad  shall,  in  the  course  thereof, 
intersect  or  cross  any  canal,  railroad,  turnpike  road,  or  other  public 
highway,  the  said  railroad  shall  be  so  constructed  as  not  to  obstruct 
the  safe  and  convenient  use  of  such  canal,  [railroad,]  turnpike  road, 
or  other  highway ;  and  the  said  corporation  shall  have  power  to  raise 
or  lower  such  turnpike  road,  highway,  or  private  way,  so  that  the 
railroad  may  pass  over  or  under  the  same  ;  and  if  said  corporation 
shall  raise  or  lower  such  turnpike  road,  or  highv/ay,  and  shall  not 
so  raise  or  lower  the  same  as  to  be  satisfactory  to  the  proprietors 
of  such  turnpike  road,  or  to  the  selectmen  of  the  towns  in  which 
said  highw^ay  is  situated,  as  the  case  may  be,  said  proprietors  or 
selectmen  may  require,  in  writing,  of  said  corporation,  such  amend- 
ment or  alteration  as  they  may  think  necessary ;  and  if  the  amend- 
ment or  alteration  be  reasonable  and  proper,  in  the  written  opinion 
of  the  road  commissioners  for  the  county  in  which  such  amend- 
ment or  alteration  is  proposed,  and  the  said  corporation  shall  unrea- 
sonably and  unnecessarily  neglect  to  make  the  same,  said  proprie- 
tors or  selectmen,  as  the  case  may  be,  may  proceed  to  make  such 
alterations  or  amendments,  and  may  institute,  and  prosecute  to 
final  judgment  and  execution,  an  action  on  the  case  against  such 
corporation,  and  shall  therein  recover  reasonable  damages,  for  all 
charges,  disbursements,  labor,  and  services,  occasioned  by  making 
such  alterations  and  amendments,  with  cost  of  suit ;  and  said  cor- 
poration shall  constantly  maintain,  in  good  repair,  all  bridges,  with 
their  abutments  and  embankments,  which  it  may  construct  for  the 
purpose  of  conducting  said  railroad  over  any  canal,  turnpike  road, 
highway,  or  private  Avay,  or  for  conducting  the  same  over  said 
railroad,  and  in  default  thereof,  shall  be  hable,  in  an  action  on  the 
case,  to  respond  in  damages  to  any  party  aggrieved  ;  and  if  it  shall 
be  necessary  to  alter  the  course  of  any  turnpike  road,  or  other 
highway,  where  the  said  railroad  may  run  upon  or  near  the  same, 


NEW  HAMPSHIRE.  597 

or  for  the  purpose  of  avoiding  or  facilitating  the  crossing  thereof, 
such  turnpilce  road  or  highway  may  he  so  aUered,  with  the  appro- 
bation of  the  road  commissioners  for  the  county,  provided  such 
alteration  will  not,  in  their  opinion,  essentially  injure  said  way. 

Sect,  7.  The  said  company  shall  have  power  to  make,  ordain, 
and  establish  all  such  by-laws,  rules,  regulations  and  ordinances  as 
they  shall  deem  expedient  and  necessary  to  accomplish  the  designs 
and  purposes,  and  to  carry  into  effect  the  provisions  of  this  Act, 
and  for  the  well  ordering,  regulating  and  securing  the  interests  and 
affairs  of  the  company;  provided  the  same  be  not  repugnant  to 
the  constitution  and  laws  of  this  State. 

Sect.  8.  The  annual  meeting  of  the  members  of  said  company 
shall  be  holden  at  such  time  and  place,  in  this  State,  as  the  com- 
pany by  their  by-laws,  or  the  directors  for  the  time  being,  shall 
appoint,  at  which  meeting  the  directors  shall  be  chosen  by  ballot ; 
and  the  three  persons  first  named  in  this  Act,  or  any  two  of  them 
are  hereby  authorized  to  call  the  first  meeting  of  said  company,  by 
advertising  the  same  three  weeks  successively  in  a  newspaper 
printed  in  Manchester,  in  this  State ;  and  the  directors  are  hereby 
authorized  to  call  special  meetings  of  the  stockholders,  whenever 
they  shall  deem  it  expedient  and  proper,  giving  such  notice  as  the 
company  by  their  by-laws  shall  direct. 

Sect.  9.  If  the  said  corporation  shall  not  have  been  organized, 
and  have  expended  the  sum  of  one  hundred  thousand  dollars 
towards  the  construction  of  said  railroad,  before  the  first  day  of 
December,  in  the  year  of  our  Lord  one  thousand  eight  hundred  and 
fifty-two,  this  Act  shall  be  void ;  and  this  Act  shall  be  void  as  to 
any  and  every  portion  of  said  railroad,  which  shall  not  be  com- 
pleted and  fit  for  use  on  or  before  the  first  day  of  December,  in 
the  year  of  our  Lord  one  thousand  eight  hundred  and  fifty-four. 

Sect.  10.  The  Portsmouth  and  Concord  Railroad  may  release 
and  assign  to  the  Manchester  and  Candia  Railroad,  their  right  to 
build  and  use  a  railroad  between  the  limits  described  in  this  Act, 
and  thereupon  all  the  rights  of  said  Portsmouth  and  Concord  Rail- 
road thereto  shall  become  vested  in  said  Manchester  and  Candia 
Railroad,  in  the  same  state  as  they  are  now  held  by  said  Ports- 
mouth and  Concord  Railroad,  and  until  such  assignment  and 
release  shall  be  made,  the  power  herein  granted,  to  build  and  main- 
tain a  railroad,  shall  not  take  effect ;  and  in  case  this  Act  shall  be- 
come void,  by  reason  of  the  non-construction  of  said  Manchester 
and  Candia  Railroad  within  the  time  above  named,  then  the  right 


598  SUNCOOK  VALLEY  EXTENSION  RAILROAD. 

of  the  Portsmouth  and  Concord  Railroad,  to  build  a  branch  between 
the  limits  above  named,  shall  revive  and  be  in  full  force,  the  same 
as  though  this  Act  had  not  been  passed. 

Sect.  11.  The  said  Manchester  and  Candia  Railroad  are  hereby 
authorized  to  lease  the  use  of  their  road  to  the  Portsmouth  and 
Concord  Railroad,  and  said  railroads  are  authorized  to  make  such 
other  contracts  in  relation  to  the  use  and  operation  of  their  railroads, 
as  to  the  directors  of  each  may  be  deemed  expedient,  fully  to 
accommodate  the  travel  and  transportation  upon  the  same. 

Sect.  12.  The  legislature  may  alter,  amend,  or  repeal  this 
Act,  whenever  in  their  opinion  the  public  good  may  require  it. 

Sect.  13.  This  Act  shall  take  effect  from  the  passage  thereof. 
Ajyproved,  July  6,  1849. 


SUNCOOK  VALLEY  EXTENSION  RAILROAD. 

INCORPORATED    IN   NEW   HAMPSHIRE    IN    1849. 

Chapter  907  of  the  Private  Acts  of  1849  contains  the  Charter. 

Sect.  1  grants  corporate  powers. 

Sect.  2  authorizes  the  Company  to  build  and  maintain  a  railroad,  from  the  Suncook 
Valley  Railroad,  in  Pittsfield,  to  the  Cochecho  Railroad,  in  Alton  ;  but  they  shall 
only  hold  land,  exclusive  of  that  necessary  for  the  road,  worth  5  per  cent,  on  their 
capital. 

Sect.  3  provides  that  the  capital  stock  shall  consist  of  not  less  than  1000  nor  more 
than  2000  shares,  and  vests  the  government  in  seven  Directors ;  the  Directors 
shall  choose  a  President,  Treasurer,  Clerk,  and  other  necessary  officers. 

Sect.  4  grants  a  toll  for  transportation  on  said  road ;  but  in  any  year,  when  the  net 
receipts  shall  exceed  the  average  of  10  per  cent,  per  annum  from  the  commence- 
ment of  operations,  the  excess  shall  be  paid  into  the  State  treasury. 

Sect.  5  authorizes  the  Directors  to  exercise  all  necessary  powers,  to  purchase  and 
hold  necessary  real  and  personal  estate,  and  to  make  equal  assessments  on  shares, 
and  sell  the  same  for  non-payment  thereof;  but  no  assessment  greater  than  f  100 
shall  be  laid  on  any  share  ;  new  shares  may  be  created,  if  necessary,  to  complete 
the  road. 

Sect.  6  provides  that  said  railroad,  where  it  crosses  or  intersects  any  private  way, 
highway,  or  canal,  shall  be  so  built  as  not  to  obstruct  or  injure  them ;  it  directs 
also  how  a  highway  shall  be  raised,  lowered,  or  altered  in  its  course,  when 
requii'ed. 

Sect.  7  authorizes  the  Company  to  make  necessary  regulations,  not  repugnant  to  the 
laws  of  the  State. 


NEW    HAMPSHIRE.  599 

Sect.  8  prohibits  the  Corporation  from  issuing  new  stock,  at  less  than  the  original 
par  value. 

Sect.  9  provides  that  an  annual  meeting  of  the  stockholders  shall  be  held,  when 
Directors  shall  be  chosen,  who  may  call  special  meetings,  if  necessary ;  it  pre- 
scribes the  mode  of  calling  the  first  meeting  of  the  Company. 

Sect.  10  provides,  if  the  Corporation  be  not  organized,  and  $20,000  be  not  expended 
in  the  construction  of  the  road,  before  December  1,  1854,  that  this  Act  shall  be 
void ;  and  it  shall  be  void,  as  to  any  portion  not  completed  and  fit  for  use  on  or 
before  December  1,  1858 

Sect.  1 1  reserves  to  the  Legislature  the  power  to  amend  or  repeal  this  Act. 

Sect.  12  provides  that  this  Act  shall  take  effect  immediately. 


Laws  op  1849,  Chap.  907. 
An  Act  to  incorporate  the  Suncook  Valley  Extension  EaUroad. 

Sect.  1.  Be  it  enacted,  dfc.  That  Samuel  G.  Berry,  Samuel 
Webster,  William  Grover,  John  H.  Collins,  Joshua  B.  Merrill, 
Hazen  Pickering,  William  Berry,  Joseph  Jenkins,  Thomas  K. 
Proctor,  Eliphalet  Nutter,  and  Joseph  A.  Walker,  their  associates, 
successors,  and  assigns,  be  and  they  hereby  are  made  a  body  cor- 
porate by  the  name  of  the  Suncook  Valley  Extension  Railroad, 
with  all  the  rights  and  privileges,  liabilities  and  duties,  by  the  laws 
of  this  State  incident  to  railroad  corporations,  and  necessary  and 
proper  to  carry  into  effect  the  purposes  of  this  Act. 

Sect.  2,  The  said  corporation  is  hereby  authorized  and  empow- 
ered to  locate,  baild,  and  maintain  a  railroad  not  exceeding  six 
rods  in  width,  with  necessary  additions  for  cuttings  and  embank- 
ments, from  any  point  on  the  Suncook  Valley  Railroad,  in  the 
town  of  Pittsfield,  and  running  through  the  towns  of  Pittsfield, 
Barnstead,  and  Alton,  to  any  point  on  the  Cochecho  Railroad  in  the 
town  of  Alton,  which  shall  be  determined  by  the  board  of  railroad 
commissioners  :  Piovided,  said  corporation  shall  hold  no  more  land, 
exclusive  of  what  is  within  the  limits  of  their  road,  and  necessary 
for  procuring  stone,  sand,  and  gravel,  and  for  machine  shops  and 
depot  accommodations,  than  shall  be  worth,  at  the  time  of  its  pur- 
chase, five  per  cent,  on  their  capital  stock. 

Sect.  3.  The  capital  stock  of  said  corporation  shall  consist  of 
not  less  than  one  thousand  nor  more  than  two  thousand  shares, 
and  the  immediate  government  and  direction  [of  the  affairs]  thereof 
shall  be  vested  in  seven  directors,  who  shall  be  chosen  by  the 
stockholders  or  members  in  the  manner  hereinafter  provided,  and 


600  SUNCOOK   VALLEY   EXTENSION   RAILROAD. 

shall  hold  their  offices  until  others  shall  be  duly  elected  and  quali- 
fied in  their  stead  ;  and  the  said  directors,  a  majority  of  whom 
shall  form  a  quorum  for  the  transaction  of  business,  shall  elect  one 
of  their  number  to  be  president  of  the  board  and  of  the  corpora- 
tion ;  they  shall  also  choose  a  clerk,  who  shall  also  be  clerk  of  the 
corporation,  and  sworn  to  the  faithful  performance  of  his  duties; 
a  treasurer,  who  shall  give  bonds,  with  sureties  to  their  satisfaction, 
for  the  faithful  performance  of  his  trust ;  and  such  other  officers, 
agents,  and  servants  as  they  may  deem  expedient,  fix  their  sala- 
ries, and  generally  shall  have  and  exercise  all  the  powers  of  the 
corporation,  for  carrying  into  effect  the  objects  and  purposes  of  this 
Act. 

Sect.  4,  A  toll  is  hereby  granted  to  the  corporation,  for  their 
benefit,  on  all  passengers  and  property  which  may  be  transported 
on  said  railroad,  at  such  rates  as  may  from  time  to  time  be  agreed 
on  by  the  directors :  Provided^  that  in  any  and  every  year,  when 
the  net  receipts  from  the  use  of  said  road  shall  exceed  the  average 
of  ten  per  cent,  per  annum,  from  the  commencement  of  their  opera- 
tions, the  excess  shall  be  paid  into  the  treasury  of  the  State,  until 
otherwise  ordered  by  the  legislature. 

Sect.  5.  The  president  and  directors,  for  the  time  being,  are 
authorized  and  empowered,  by  themselves  or  their  agents  to  exer- 
cise all  the  powers  hereby  granted  to  the  corporation,  for  the  pur- 
pose of  constructing  and  completing  their  railroad,  and  for  the 
transportation  of  persons,  goods,  and  merchandise  thereon,  and  all 
such  other  power  and  authority  for  the  management  of  the  affairs 
of  the  corporation,  not  heretofore  granted,  as  may  be  necessary 
and  proper  to  carry  into  effect  the  object  of  this  grant;  to  purchase 
land,  materials,  engines,  cars,  depot  buildings,  machine  shops,  and 
other  things,  in  the  name  of  the  corporation,  for  the  use  of  the 
railroad  and  the  transportation  of  persons,  goods,  and  merchan- 
dise; to  make  such  equal  assessments,  from  time  to  time,  on  all 
shares  in  said  corporation,  as  they  may  deem  expedient  and  neces- 
sary in  the  execution  and  progress  of  the  work,  and  direct  the 
same  to  be  paid  to  the  treasurer  of  the  corporation,  and  the  trea- 
surer shall  give  notice  of  said  assessments ;  and  if  any  subscriber 
shall  neglect,  for  sixty  days  after  such  notice,  to  pay  his  assessment, 
the  directors  may  order  the  treasurer  to  sell  his  share  or  shares  at 
public  auction,  due  notice  thereof  being  given,  to  the  highest  bid- 
der, and  the  same  shall  be  transferred  to  the  purchaser ;  and  such 
delinquent  subscriber  shall  be  held  accountable  to  the  company  for 


NEW    HAMPSHIRE.  601 

the  balance,  if  his  share  or  shares  shall  sell  for  less  than  the  assess- 
ment or  assessments  due  thereon  and  interest  and  costs  of  sale, 
and  such  subscriber  shall  be  entitled  to  the  surplus,  if  any  there 
be  :  Provided,  no  assessment  shall  be  laid  on  any  share  for  any 
greater  amount  than  one  hundred  dollars  in  the  whole  on  each 
share,  and  if  any  greater  amount  of  money  shall  be  necessary  to 
complete  said  railroad,  it  shall  be  raised  by  creating  new  shares, 
giving  to  the  stockholders  in  the  corporation  the  right  to  take  said 
shares  in  proportion  to  the  shares  by  them  respectively  owned  in 
said  corporation. 

Sect.  6.  If  the  said  railroad  shall  in  the  course  thereof  intersect 
or  cross  any  private  way,  the  said  corporation  shall  so  construct 
said  railroad  as  not  to  obstruct  the  safe  and  convenient  use  of  said 
private  way ;  and  if  said  railroad  shall  not  be  so  constructed,  the 
owner  of  said  private  way  shall  be  entitled  to  his  reasonable  dam- 
ages for  said  injury,  to  be  recovered  by  action  on  the  case  to  be 
commenced  within  two  years  from  such  obstruction,  and  not  after- 
wards ;  and  if  said  railroad  shall,  in  the  course  thereof,  intersect  or 
cross  any  canal,  turnpike  road,  or  other  public  highway,  the  said 
railroad  shall  be  so  constructed  as  not  to  obstruct  the  safe  and  con- 
venient use  of  such  canal,  turnpike  road,  or  other  highway;  and 
the  said  corporation  shall  have  the  power  to  raise  or  lower  such 
turnpike  road,  highway,  or  private  way,  so  that  the  railroad  may 
pass  over  or  under  the  same;  and  if  said  corporation  shall  raise  or 
lower  such  turnpike  road  or  highway,  and  shall  not  so  raise  or 
lower  the  same  as  to  be  satisfactory  to  the  proprietors  of  such 
turnpike  road,  or  to  the  selectmen  of  the  towns  in  which  said 
highway  is  situated,  as  the  case  may  be,  said  proprietors  or  select- 
men may  require,  in  writing,  of  said  corporation,  such  amendment, 
or  alteration  as  they  may  think  necessary,  and  if  the  amendment 
or  alteration  be  reasonable  and  proper,  in  the  written  opinion  of 
the  road  commissioners  for  the  county  in  which  such  amendment 
or  alteration  is  proposed,  and  the  said  corporation  shall  unreason- 
ably and  unnecessarily  neglect  to  make  the  same,  said  proprietors 
or  selectmen,  as  the  case  may  be,  may  proceed  to  make  such  alter- 
ations or  amendments,  and  may  institute  and  prosecute  to  final 
judgment  and  execution,  an  action  on  the  case  against  such  corpo- 
ration, and  shall  therein  recover  reasonable  damages  for  all  charges, 
disbursements,  labor,  and  services,  occasioned  by  making  such 
alterations  and  amendments,  with  cost  of  suit;  and  said  corpora- 
tion shall  constantly  maintain,  in  good  repair,  all  bridges,  with 

51 


602    '      SUNCOOK  VALLEY  EXTENSION  RAILROAD. 

their  abutments  and  embankments,  which  it  may  construct  for  the 
purpose  of  conducting  said  raihoad  over  any  canal,  turnpike  road, 
highway,  or  private  way,  or  for  conducting  the  same  over  said  rail- 
road, and  in  default  thereof  shall  be  liable  in  an  action  on  the  case, 
to  respond  in  damages  to  any  party  aggrieved  ;  and  if  it  shall  be 
necessary  to  alter  the  course  of  any  turnpike  road  or  other  high- 
way, where  the  said  railroad  may  run  upon  or  near  the  same,  or 
for  the  purpose  of  avoiding  or  facilitating  the  crossing  thereof, 
such  turnpike  road  or  highway  may  be  so  altered,  with  the  ap- 
probation of  the  road  commissioners  for  the  county,  provided 
such  alteration  will  not,  in  their  opinion,  essentially  injure  said 
way. 

Sect.  7.  The  said  company  shall  have  power  to  make,  ordain, 
and  establish  all  such  by-laws,  rules,  regulations,  and  ordinances 
as  they  shall  deem  expedient  and  necessary  to  accomplish  the 
designs  and  purposes,  and  to  carry  into  effect  the  provisions  of  this 
Act,  and  for  the  well  ordering,  regulating,  and  securing  the  inter- 
ests and  affairs  of  the  company  ;  provided  the  same  be  not  repug- 
nant to  the  constitution  and  laws  of  this  State. 

Sect.  S,  The  said  corporation  shall  not  issue  any  new  stock  to 
be  thrown  into  the  market  or  divided  among  the  stockholders,  at 
less  than  the  original  par  value  of  first  stock. 

Sect.  9.  The  annual  meeting  of  the  members  of  said  company 
shall  be  holden  at  such  time  and  place,  in  this  State,  as  the  com- 
pany by  their  by-laws,  or  the  directors  for  the  time  being,  shall 
appoint,  at  which  meeting  the  directors  shall  be  chosen  by  ballot ; 
and  the  three  persons  first  named  in  this  Act,  or  any  two  of  them, 
are  hereby  authorized  to  call  the  first  meeting  of  said  company  by 
advertising  the  same  three  weeks  successively  in  a  newspaper 
printed  in  Concord,  in  this  State ;  and  the  directors  are  hereby 
authorized  to  call  special  meetings  of  the  stockholders,  whenever 
they  shall  deem  it  expedient  and  proper,  giving  such  notice  as  the 
company  by  their  by-laws  shall  direct. 

Sect.  10.  If  the  said  corporation  shall  not  have  been  organized 
and  have  expended  the  sum  of  twenty  thousand  dollars  towards 
the  construction  of  said  railroad,  before  the  first  day  of  December, 
in  the  year  of  our  Lord  one  thousand  eight  hundred  and  fifty-four, 
this  Act  shall  be  void ;  and  this  Act  shall  be  void  as  to  any  and 
every  portion  of  said  railroad  which  shall  not  be  completed  and  fit 
for  use,  on  or  before  the  first  day  of  December,  in  the  year  of  our 
Lord  one  thousand  eight  hundred  and  fifty-eight. 


NEW  HAMPSHIRE.  603 

Sect.  11.  The  legislature  may  at  any  time  alter,  amend,  or 
repeal  this  Act,  or  any  of  its  provisions,  whenever  in  their  opinion 
the  public  good  may  require  such  alteration,  amendment,  or 
repeal. 

Sect.  12.  This  Act  shall  take  effect  from  its  passage.  Ap- 
pi'oved,  July  6,  1849. 


SALISBURY  AND  EAST  KINGSTON  EXTENSION   RAILROAD. 

INCORPORATED    IN    NEW    HAMPSHIRE    IN    1849. 

Chapter  908  of  the  Private  Acts  of  1849  contains  the  Charter. 

S«ct.  1  grants  corporate  powers. 

Sect.  2  empowers  the  Company  to  build  and  maintain  a  railroad,  from  the  Boston 
and  Maine  Railroad,  in  Kingston,  to  the  Portsmouth  and  Concord  Railroad,  in 
Epping  or  Raymond ;  and  to  enter  upon  and  use  the  Salisbury  and  East  Kingston 
Railroad,  and  the  Portsmouth  and  Concord  Raihoad,  by  paying  such  tolls  and 
compljang  with  such  regulations  as  may  be  agreed,  or  may  be  prescribed  by  the 
Legislature  ;  but  they  shall  only  hold  real  estate,  exclusive  of  that  necessary  for 
the  road,  worth  5  per  cent,  on  the  capital. 

Sect.  3  provides  that  the  capital  stock  shall  consist  of  not  less  than  2000  nor  more 
than  3000  shares,  and  vests  the  government  in  seven  Directors,  who  shall  choose 
a  President,  Treasurer,  Clerk,  and  other  necessary  officers. 

Sect.  4  grants  a  toll  for  transportation  on  said  road ;  if  the  net  receipts,  for  any 
year,  exceed  the  average  of  10  per  cent,  per  annum  from  the  commencement  of 
operations,  the  excess  shall  be  paid  into  the  State  treasury. 

Sect.  5  authorizes  the  Directors  to  exercise  necessary  powers,  to  purchase  and  hold 
necessary  real  and  personal  estate,  and  to  make  equal  assessments  on  shares  and 
sell  the  same  for  non-payment  thereof;  but  no  assessment  greater  than  $100  shall 
be  laid  on  any  share ;  new  shares  may  be  created,  if  necessary,  to  complete  the 
raiboad. 

Sect,  6  provides  that  the  railroad,  where  it  crosses  or  intersects  a  private  way,  high- 
way, or  canal,  shall  be  so  built  as  not  to  obstruct  or  injure  them  ;  it  directs  the 
manner  of  raising,  lowering,  or  altering  the  course  of  a  highway. 

Sect.  7  authorizes  the  Company  to  establish  necessary  regulations,  not  repugnant  to 
the  laws  of  the  State. 

Sect.  8  provides  that  an  annual  meeting  of  the  stockholders  shall  be  held,  when 
Directors  shall  be  chosen,  who  may  call  special  meetings,  if  neccssarj' ;  it  pre- 
scribes the  mode  of  calling  the  first  meeting  of  the  Company. 

Sect.  9  provides,  if  the  Company  be  not  organized,  and  $50,000  be  not  expended  in 
the  construction  of  the  road  on  or  before  December  1,  1854,  that  this  Act  shall 
be  void;  and  it  shall  be  void  as  to  any  portion  not  completed  on  or  before 
December  1,  1858. 

Sect.  1 1  reserves  to  the  Legislature  the  power  to  alter  or  repeal  this  Act. 

Sect.  12  provides  that  this  Act  shall  take  effect  immediately. 


604      SALISBURY   AND   EAST   KINGSTON    EXTENSION   RAILROAD. 

Laws  op  1849,  Chap.  908. 
An  Act  to  incorporate  the  Salisbui-y  and  East  Kingston  Extension  Eailroad. 

Sect.  1.  Be  it  enacted,  4'c.  That  Nathaniel  Batchelder, 
George  W.  Pkimmer,  Joseph  Graves,  Luther  D.  Peaslee,  Samuel 
Webster,  Gideon  Webster,  Levi  S.  Bartlett,  John  Gale,  Moses 
Eaton,  jr.,  Rufus  Dow,  James  Horton,  and  David  L.  Dearborn, 
their  associates,  successors,  and  assigns,  be  and  they  hereby  are 
made  a  body  corporate  by  the  name  of  the  Salisbury  and  East 
Kingston  Extension  Railroad,  with  all  the  rights  and  privileges, 
liabilities  and  duties,  by  the  laws  of  this  State  incident  to  railroad 
corporations,  and  necessary  and  proper  to  carry  into  effect  the 
purposes  of  this  Act. 

Sect.  2.  The  said  corporation  is  hereby  authorized  and  empow- 
ered to  locate,  build,  and  maintain  a  railroad,  not  exceeding  six  rods 
in  width,  with  necessary  additions  for  cuttings  and  embankments, 
commencing  at  or  near  the  wood-shed  on  the  Boston  and  Maine 
Railroad,  in  East  Kingston,  and  running  to  the  Portsmouth  and 
Concord  Railroad,  in  Epping  or  Raymond,  and  to  enter  upon,  run 
over  and  use  the  Salisbury  and  East  Kingston  Railroad,  and  the 
Portsmouth  and  Concord  Railroad,  or  any  part  of  the  same,  paying 
therefor  such  rates  of  toll,  and  complying  with  such  regulations  as 
may  be  mutually  agreed  upon  by  said  companies  interested, 
respectively,  or  as  the  legislature  may  from  time  to  time  prescribe, 
and  the  said  Salisbury  and  East  Kingston  Railroad  may  be  used 
by  either  of  the  railroads  aforesaid,  subject  to  the  like  limitations 
and  conditions  :  Provided^  said  corporation  shall  hold  no  more  land, 
exclusive  of  what  is  within  the  limits  of  their  road,  and  neces- 
sary for  procuring  stone,  sand,  and  gravel,  and  for  machine  shops 
and  depot  accommodations,  than  shall  be  worth,  at  the  time  of  its 
purchase,  five  per  cent,  on  their  capital  stock. 

Sect.  3.  The  capital  stock  of  said  corporation  shall  consist  of 
not  less  than  two  [thousand]  nor  more  than  three  thousand 
shares,  and  the  immediate  government  and  direction  of  the 
affairs  thereof  shall  be  vested  in  seven  directors,  who  shall  be 
chosen  by  the  stockholders  or  members  in  the  manner  hereinafter 
provided,  and  shall  hold  their  offices  until  others  shall  be  duly 
elected  and  qualified  in  their  stead;  and  the  said  directors,  a  ma- 
jority of  whom  shall  form  a  quorum  for  the  transaction  of  business, 
shall  elect  one  of  their  number  to  be  president  of  the  board  and 


NEW  HAMPSHIRE.  605 

of  the  corporation  ;  they  shall  also  choose  a  clerk,  who  shall  also 
be  clerk  of  the  corporation,  and  sworn  to  the  faithful  performance 
of  his  duties ;  a  treasurer,  who  shall  give  bond,  with  sureties  to 
their  satisfaction,  for  the  faithful  performance  of  his  trust ;  and 
such  other  officers,  agents,  and  servants  as  they  may  deem  expedi- 
ent, fix  their  salaries,  and  generally  shall  have  and  exercise  all  the 
powers  of  the  corporation  for  carrying  into  effect  the  objects  and 
purposes  of  this  Act. 

Sect.  4.  A  toll  is  hereby  granted  to  the  corporation  for  their 
benefit,  on  all  passengers  and  property  which  may  be  transported 
on  said  railroad,  at  such  rates  as  may  from  time  to  time  be  agreed  on 
by  the  directors  :  Provided,  that  in  any  and  every  year,  when  the 
net  receipts  from  the  use  of  said  road  shall  exceed  the  average  of 
ten  per  cent,  per  annum  from  the  commencement  of  their  opera- 
tions, the  excess  shall  be  paid  into  the  treasury  of  the  State,  until 
otherv^/^ise  ordered  by  the  legislature. 

Sect.  5.  The  president  and  directors  for  the  time  being  are  author- 
ized and  empowered,  by  themselves  or  their  agents,  to  exercise 
all  the  powers  hereby  granted  to  the  corporation,  for  the  purpose 
of  constructing  and  completing  their  railroad,  and  for  the  transport- 
ation of  persons,  goods,  and  merchandise  thereon,  and  all  such 
other  power  and  authority  for  the  management  of  the  aflairs  of 
the  corporation,  not  heretofore  granted,  as  may  be  necessary  and 
proper  to  carry  into  effect  the  object  of  this  grant;  to  purchase  land, 
materials,  engines,  cars,  depot  buildings,  machine  shops,  and  other 
things,  in  the  name  of  the  corporation,  for  the  use  of  the  railroad 
and  the  transportation  of  persons,  goods,  and  merchandise ;  to  make 
such  equal  assessments,  from  time  to  time,  on  all  the  shares  in  said 
corporation,  as  they  may  deem  expedient  and  necessary,  in  the 
execution  and  progress  of  the  work,  and  direct  the  same  to  be  paid 
to  the  treasurer  of  the  corporation,  and  the  treasurer  shall  give 
notice  of  said  assessments;  and  if  any  subscriber  shall  neglect,  for 
sixty  days  after  such  notice,  to  pay  his  assessment,  the  directors 
may  order  the  treasurer  to  sell  his  share  or  shares  at  public  auction, 
due  notice  thereof  being  given,  to  the  highest  bidder,  and  the  same 
shall  be  transferred  to  the  purchaser :  and  such  delinquent  subscri- 
ber shall  be  held  accountable  to  the  company  for  the  balance,  if  his 
share  or  shares  shall  sell  for  less  than  the  assessment  or  assessments 
due  thereon,  and  interest  and  costs  of  sale,  and  such  subscriber 
shall  be  entitled  to  the  surplus,  if  any  there  be :  Provided,  no 
assessment  shall  be  laid  on  any  share  for  any  greater  amount  than, 

51* 


606      SALISBURY  AND    EAST    KINGSTON    EXTENSION  RAILROAD. 

one  hundred  dollars  in  the  whole  on  each  share  ;  and  if  any  greater 
amount  of  money  shall  be  necessary  to  complete  said  railroad,  it 
shall  be  raised  by  creating  new  shares,  giving  to  the  stockholders 
in  the  corporation  the  right  to  take  said  shares,  in  proportion  to  the 
shares  by  them  respectively  owned  in  said  corporation. 

Sect.  6.  If  the  said  railroad  shall  in  the  course  thereof  intersect 
or  cross  any  private  way,  the  said  corporation  shall  so  construct 
said  railroad,  as  not  to  obstruct  the  safe  and  convenient  use  of  said 
private  way;  and  if  said  railroad  shall  not  be  so  constructed,  the 
owner  of  said  private  way,  shall  be  entitled  to  his  reasonable 
damages  for  said  injury,  to  be  recovered  by  action  on  the  case,  to  be 
commenced  within  two  years  from  such  obstruction,  and  not  after- 
wards ;  and  if  said  railroad  shall  in  the  course  thereof  intersect  or 
cross  any  canal,  turnpike  road,  or  other  public  highway,  the  said 
railroad  shall  be  so  constructed  as  not  to  obstruct  the  safe  and  con- 
venient use  of  such  canal,  turnpike  road,  or  other  highway;  and 
the  said  corporation  shall  have  power  to  raise  or  lower  such  turn- 
pike road,  highway,  or  private  way,  so  that  the  railroad  may  pass 
over  or  under  the  same  ;  and  if  said  corporation  shall  raise  or  lower 
such  turnpike  road  or  highway,  and  shall  not  so  raise  or  lower  the 
same  as  to  be  satisfactory  to  the  proprietors  of  such  turnpike  road, 
or  to  the  selectmen  of  the  towns  in  which  said  highway  is  situated, 
as  the  case  may  be,  said  proprietors  or  selectmen  may  require, 
in  writing,  of  said  corporation  such  amendment  or  alteration  as 
they  may  think  necessary;  and  if  the  amendment  or  alteration  be 
reasonable  and  proper,  in  the  written  opinion  of  the  road  commis- 
sioners for  the  county  in  which  such  amendment  or  alteration  is 
proposed,  and  the  said  corporation  shall  unreasonably  and  unneces- 
sarily neglect  to  make  the  same,  said  proprietors  or  selectmen,  as 
the  case  may  be,  may  proceed  to  make  such  alterations  or  amend- 
ments; and  may  institute,  and  prosecute  to  final  judgment  and 
execution,  an  action  on  the  case  against  such  corporation,  and  shall 
therein  recover  reasonable  damages  for  all  charges,  disbursements, 
labor  and  services,  occasioned  by  making  such  alterations  and 
amendments,  with  cost  of  suit ;  and  said  corporation  shall  con- 
stantly maintain  in  good  repair  all  bridges,  with  their  embankments 
and  abutments  which  it  may  construct  for  the  purpose  of  con- 
ducting said  railroad  over  any  canal,  turnpike  road,  highway,  or 
private  way,  or  for  conducting  the  same  over  said  railroad,  and  in 
default  thereof  shall  be  liable  in  an  action  on  the  case  to  respond 
in  damages  to  any  party  aggrieved  ;  and  if  it  shall  be  necessary  to 


NEW    HAMPSHIRE.  607 

alter  the  course  of  any  turnpike  road  or  other  highway,  where  the 
said  raih'oad  may  run  upon  or  near  the  same,  or  for  the  purpose  of 
avoiding  or  facihtating  the  crossing  thereof,  such  turnpike  road  or 
highway  may  be  so  aUered,  with  the  approbation  of  the  road  com- 
missioners for  the  county,  provided  such  alteration  will  not,  in 
their  opinion,  essentially  injure  said  way. 

Sect.  7.  The  said  company  shall  have  power  to  make,  ordain, 
and  establish  all  such  by-laws,  rules,  regulations,  and  ordinances 
as  they  shall  deem  expedient  and  necessary  to  accomphsh  the 
designs  and  purposes,  and  to  carry  into  effect  the  provisions  of  this 
Act,  and  for  ihe  well  ordering,  regulating,  and  securing  the  inter- 
ests and  affairs  of  the  company ;  provided  the  same  be  not  repug- 
nant to  the  constitution  and  laws  of  this  State. 

Sect.  S.  The  annual  meeting  of  the  members  of  said  company 
shall  be  holden  at  such  time  and  place,  in  this  State,  as  the  com- 
pany by  their  by-laws,  or  the  directors  for  the  time  being,  shall 
appoint,  at  which  meeting  the  directors  shall  be  chosen  by  ballot ; 
and  the  three  persons  first  named  in  this  Act,  or  any  two  of  them, 
are  hereby  authorized  to  call  the  first  meeting  of  said  company  by 
advertising  the  same  three  weeks  successively  in  a  newspaper 
printed  in  Exeter,  in  this  State ;  and  the  directors  are  hereby 
authorized  to  call  special  meetings  of  the  stockholders,  whenever 
they  shall  deem  it  expedient  and  proper,  giving  such  notice  as  the 
company  by  their  by-laws  shall  direct. 

Sect.  9.  If  the  said  corporation  shall  not  have  been  organized 
and  have  expended  the  sum  of  fifty  thousand  dollars  towards  the 
construction  of  said  railroad,  before  the  first  day  of  December,  in 
the  year  of  our  Lord  one  thousand  eight  hundred  and  fifty-four, 
this  Act  shall  be  void ;  and  this  Act  shall  be  void  as  to  any  and 
every  portion  of  said  railroad  which  shall  not  be  completed  and  fit 
for  use  on  or  before  the  first  day  of  December,  in  the  year  of  our 
Lord  one  thousand  eight  hundred  and  fifty-eight. 

Sect.  11.  The  legislature  may  at  any  time  alter,  amend,  or 
repeal  this  Act,  or  any  of  its  provisions,  whenever  in  their  opinion 
the  public  good  may  require  such  alteration,  amendment,  or  repeal. 

Sect.  12.  This  Act  shall  take  effect  from  its  passage,  Appjwedj 
July  6,  1849. 


608  PORTSMOUTH  AND   DOVER  RAILROAD. 


THE  PROPRIETORS  OF  THE  PORTSMOUTH  AND  DOVER  RAILROAD. 

INCORPORATED  IN  NEW  HAMPSHIRE  IN  1842. 

[  This  Charter  toas  necessarily  omitted  in  its  proper  place  ;  also  the  Charter  of  the  Boston 
and  Onta7-io  Railroad,  never  having  been  j)rinted,  is  omitted.'] 

Chapter  3  of  the  Private  Acts  of  1842  contains  the  Charter. 

Sect.  1  grants  corporate  powers ;  it  aiithorizes  the  Company  to  construct  tlie  road 
as  therein  described,  and  to  take  land  and  materials  for  its  construction  upon  the 
terms  prescribed. 

Sect.  2  provides  that  the  capital  stock  shall  consist  of  2000  shares  of  ,f  100  each,  but 
the  construction  of  the  road  may  be  conunenced  when  $120,000  shall  be  sub- 
scribed ;  it  vests  the  government  in  five  Directors,  who  may  choose  a  president, 
clerk,  treasurer,  and  other  necessary  officers. 

Sect.  3  authorizes  the  Directors  to  exercise  all  the  powers  granted  to  the  Corpora- 
tion ;  to  make  equal  assessments  on  shares,  and,  if  any  subscriber  shall  neglect  to 
pay  his  assessments  for  sixty  days  after  due  notice,  to  sell  his  shares  at  public 
auction,  he  being  liable  for  any  deficiency  or  entitled  to  any  surplus  ;  no  assess- 
ment shall  exceed  $100  on  each  share ;  new  shares  may  be  created,  if  necessary. 

Sect.  4  empowers  the  Corporation  to  make  necessary  by-laws  not  repugnant  to  the 
laws  of  the  State. 

Sect.  5  grants  a  toll  to  the  Corporation,  for  transportation  on  their  road;  but,  if  at 
the  end  of  five  years,  the  net  income  shall  have  exceeded  10  per  cent,  per  annum 
on  its  cost,  the  Legislature  may  so  reduce  the  tolls  as  to  take  off  the  overplus  for 
the  next  five  years,  and  thus  proceed  at  the  end  of  each  five  years. 

Sect.  6  authorizes  the  Directors  to  erect  toll-houses  and  receive  tolls. 

Sect.  7  authorizes  the  guardian  of  an  infant  or  person  non  compos  mentis  to  release 
claims  for  land  damages. 

Sect.  8  provides  that  an  annual  meeting  shall  be  held,  when  five  Directors  shall  be 
chosen,  and  prescribes  the  manner  of  organizing  the  Company ;  the  Directors  may 
call  special  meetings. 

Sect.  9  provides,  if  one  fourth  of  the  stock  be  not  subscribed,  the  Corporation  organ- 
ized, and  the  location  of  the  route  filed  before  the  first  Wednesday  in  June,  1845, 
and  if  the  Company  shall  not  have  expended  $10,000  on  the  construction  of  the 
road  before  September  1,  1845,  that  this  Act  shall  be  void ;  and  it  shall  be  void  as 
to  every  part  not  completed  before  June  1,  1847 ;  it  authorizes  a  deviation  from 
the  line  of  the  road,  to  the  distance  of  fifty  yards  on  either  side,  if  necessary. 

Sect.  10  requires  the  Company  to  maintain  all  bridges ;  in  default  thereof  being 
liable  for  damages. 

Sect.  11  requires  the  Directors  annually  to  make  a  report  to  the  Legislature,  under 
the  penalty  prescribed,  and  provides  that  the  Company's  books  shall  be  always 
open  to  the  inspection  of  a  committee. 

Sect.  12  reserves  to  the  State  the  power,  after  the  end  of  fifteen  years  from  the  open- 
ing of  the  road,  to  purchase  the  franchise  and  property  of  the  Company,  by  paying 


NEW  HAMPSHIRE.  609 

to  them  the  amount  of  capital  expended,  and  such  further  sum  as,  with  the  net 
income,  shall  equal  8  per  cent,  per  annum  thereon. 
Sect.  13  provides  that  this  grant  shall  not  affect  the  rights  of  any  existing  Company, 
and  that  this  Act  may  be  amended  or  repealed. 


Laws  of  1842,  Chap.  3. 

An  Act  to  incorporate  the  proprietors  of  the  Portsmouth  and  Dover  Railroad. 

Sect.  1.  Be  it  enacted^  ^'^c.  That  William  Jones,  Josiali  G,  Had- 
ley,  Peyton  R.  Freeman,  Ichabod  Bartlett,  Richard  Jenness,  Alfred 
W.  Haven,  Leonard  Cotton,  Andrew  Pierce,  junior,  Noah  Martin, 
Daniel  Osborne,  Charles  W.  Woodman,  Asa  Freeman,  Jeremy 
Perkins,  and  their  associates,  successors,  and  assigns  be  and  they 
hereby  are  incorporated  and  made  a  body  politic  under  the  name 
of  the  Proprietors  of  the  Portsmouth  and  Dover  Railroad,  and  by 
that  name  shall  be  and  hereby  are  made  capable  inlaw  to  sue  and 
be  sued  to  final  judgment  and  execution,  plead  and  be  impleaded, 
defend  and  be  defended  in  any  court  or  place  whatever ;  to  make, 
have,  and  use  a  common  seal,  and  the  same  to  break,  alter,  or 
renew  at  pleasure ;  and  shall  be  and  hereby  are  vested  with  all 
the  powers,  privileges,  and  immunities  which  are  or  may  be  neces- 
sary to  carry  into  effect  the  purposes  and  objects  of  this  Act,  as 
hereinafter  set  forth,  and  subject  to  all  the  liabilities  incident  to 
corporations  of  a  similar  nature,  and  under  all  such  liabilities  of 
said  corporation  and  the  directors,  officers,  and  stockholders  thereof 
as  are  or  hereafter  may  be  provided  by  any  general  law  in  relation 
to  corporations  created  or  in  future  to  be  created,  of  a  similar 
nature,  for  the  time  being  while  such  law  shall  remain  in  force ; 
and  the  said  corporation  is  hereby  authorized  and  empowered  to 
locate,  construct,  and  finally  complete  a  railroad,  beginning  at  or 
near  the  depot  of  the  Boston  and  Maine  Railroad  in  Dover,  or  at 
any  place  on  or  near  said  railroad,  between  said  depot  and  Mad- 
bury  meeting-house ;  and  thence  running  to  tide  water,  at  or  near 
Piscataqna  Bridge,  and  crossing  Piscataqua  River,  over  or  near 
said  bridge,  to  Fox  Point  in  Newington;  and  thence  running  to 
any  place  in  the  town  of  Portsmouth,  in  such  manner  and  form  as 
they  may  deem  expedient ;  and  in  like  manner  the  said  corpora- 
tion is  authorized  and  empowered,  if  they  see  fit,  to  locate  and 
construct  a  branch  of  said  railroad  to  extend  from  any  part  thereof 
to  some  place  on  the  Boston  and  Maine  Railroad  in  the  town  of 


610  PORTSMOUTH  AND  DOVER  RAILROAD. 

Durham  :  Provided,  that  said  branch  road  shall  not  be  made  as  a 
substitute  for  the  road  to  Dover,  as  first  mentioned,  or  for  any  part 
thereof,  nor  shall  the  same  be  constructed  and  used  till  the  princi- 
pal road,  as  first  described,  is  completed  from  Piscataqua  Bridge 
to  Dover.  And  for  the  purpose  aforesaid  the  said  corporation  is 
authorized  to  lay  out  their  road  not  exceeding  six  rods  wide  through 
the  whole  length;  and  for  the  purpose  of  cuttings,  embankments, 
and  procuring  stone  and  gravel,  may  take,  by  purchase,  as  much 
more  land  as  may  be  necessary  for  the  proper  construction  and 
security  of  said  road.  And  the  said  corporation  is  hereby  author- 
ized and  enabled  to  agree  for,  purchase,  take,  and  hold  all  such 
lands  and  real  estate,  privileges  and  franchises,  materials,  engines, 
cars,  and  other  things  as  may  be  necessary  or  useful  for  the  loca- 
tion and  construction  of  said  road,  the  erection  of  suitable  build- 
ings therefor,  places  of  deposit  of  goods  and  merchandise  trans- 
ported thereon,  or  for  the  carriage  or  transportation  of  persons, 
goods,  and  merchandise,  and  conducting  the  business  of  said  cor- 
poration; but  nothing  in  this  Act  contained  shall  enable  said  cor- 
poration to  take  or  use  any  land,  franchise,  rights,  or  property  of 
any  person  or  persons  for  the  construction  of  said  road,  without 
purchase  or  the  consent  of  the  owners,  their  guardians,  or  persons 
having  authority  from  or  under  them  therefor  respectively,  or  com- 
plying with  the  provisions  of  this  or  such  other  Act  of  the  legisla- 
ture as  may  be  hereafter  passed,  relating  to  this  subject. 

Sect.  2.  That  the  capital  stock  of  said  corporation  shall  consist 
of  two  thousand  shares,  of  one  hundred  dollars  each,  which  shall 
be  assignable  by  the  proprietor  under  the  rules  of  the  corporation, 
and  all  transfers  of  shares  shall  be  recorded  by  their  clerk ;  but 
said  corporation,  whenever  one  hundred  and  twenty  thousand  dol- 
lars of  said  stock  shall  be  subscribed  for,  may  commence  the  con- 
struction of  said  road,  and  complete  the  same  so  far  as  the  stock 
subscribed  for  will  go.  And  the  immediate  government  and  direc- 
tion of  the  affairs  of  the  said  corporation  shall  be  vested  in  five 
directors,  who  shall  be  chosen  by  the  members  of  the  corporation 
in  the  manner  hereinafter  provided,  and  shall  hold  their  offices 
until  others  shall  be  duly  elected  and  qualified  to  take  their  place 
as  directors.  And  the  said  directors,  a  majority  of  whom  shall 
form  a  quorum  for  the  transaction  of  business,  shall  elect  one  of 
their  own  number  to  be  president  of  the  board,  who  shall  be  presi- 
dent of  the  corporation,  and  they  shall  have  authority  to  choose  a 
clerk,  who  shall  be  sworn  to  the  faithful  discharge  of  his  duties. 


,  NEW    HAMPSHIRE.  611 

and  who  shall  be  clerk  of  the  corporation,  unless  some  other  per- 
son shall  be  elected  to  the  office  by  the  corporation,  and  sworn  ; 
and  also  a  treasurer,  (who  shall  give  bonds  to  the  corporation  with 
sureties  to  the  satisfaction  of  the  directors  in  a  snm  not  less  than 
twenty  thousand  dollars,  for  the  faithful  discharge  of  his  trust,) 
and  all  other  such  agents  and  servants  as  shall  from  time  to  time 
be  necessary. 

Sect.  3.  That  the  directors,  for  the  time  being,  are  authorized 
and  empowered,  by  themselves  or  their  agents,  to  exercise  all  the 
powers  herein  granted  to  the  corporation,  for  the  purpose  of  locat- 
ing, constructing,  and  completing  said  railroad,  and  for  the  trans- 
porting and  carrying  of  persons,  goods,  and  merchandise  thereon, 
to  make  purchases,  contracts,  and  agreements,  in  the  name  of  the 
corporation,  and  to  exercise  all  such  other  powers  and  authority 
for  the  management  of  the  affairs  of  the  corporation,  not  heretofore 
granted,  as  may  be  necessary  and  proper  to  carry  into  effect  the 
object  of  this  grant,  subject  always,  however,  to  such  general  con- 
trol as  the  proprietors,  at  any  legal  meeting  of  the  corporation,  may 
from  time  to  time  think  proper  to  exercise.     And  the  directors  shall 
make  such  equal  assessments,  from  time  to  time,  on  all  the  shares 
in  said  corporation,  as  they  may  deem  expedient  and  necessary 
in  the  execution  and  progress  of  the  work,  and  direct  the  same  to 
be  paid  to  the  treasurer  of  the  corporation  ;  and  the  treasurer  shall 
give  notice  of  such  assessments.     And  in  case  any  subscriber  for 
stock  shall  neglect  to  pay  his  assessment  for  the  space  of  sixty 
days  after  due  notice  by  the  treasurer,  the  directors  may  order  the 
treasurer  to  sell  the  share  or  shares  of  such  delinquent  subscriber 
at  public  auction,  after  due  notice  thereof,  to  the  highest  bidder, 
and  the  same  shall  be  transferred  to  the  purchaser.     And  such 
delinquent  subscriber  shall  be  held  accountable  to  the  corporation 
for  the  balance,  if  his  share  or  shares  shall  sell  for  less  than  the 
assessments  due  thereon,  with  interest  and  costs  of  sale,  and  shall 
be  entitled  to  the  overplus,  if  any  there  be  :  Provided,  hoicever, 
that  no  assessments  shall  be  laid  upon  any  share  in  said  corpora- 
tion of  a  greater  amount  than  one  hundred  dollars,  in  the  whole, 
on  each  share.     And  if  a  greater  amount  of  money  shall  be  neces- 
sary to  complete  the  said  road,  it  shall  be  raised  by  creating  new 
shares,  giving  the  stockholders  in  said  corporation  the  right  to  take 
said  stock,  in  proportion  to  the  stock  by  them  respectively  owned 
in  said  corporation. 

Sect.  4.  The  said  corporation  shall  have  power  to  make,  ordain, 


612  PORTSMOUTH  AND  DOVER  RAILROAD. 

and  establish  all  such  by-laws,  rules,  and  regulations,  as  they  shall 
deem  expedient  and  necessary  to  accomplish  the  designs  and  pur- 
poses and  to  carry  into  effect  the  provisions  of  this  Act,  and  for  the 
well  ordering,  regulating,  and  securing  the  affairs  and  interests  of 
the  corporation,  provided  the  same  be  not  repugnant  to  the  consti- 
tution or  laws  of  this  State. 

Sect.  5.  A  toll  be  and  hereby  is  granted  and  established  for  the 
sole  benefit  of  said  corporation,  upon  all  passengers  and  property 
of  every  description  which  may  be  conveyed  or  transported  on 
said  road,  at  such  rates  per  mile  as  may  be  agreed  on  and  estab- 
lished from  time  to  time  by  the  directors  of  said  corporation.  The 
transportation  of  persons  and  property,  the  construction  of  wheels, 
the  forms  of  cars  and  carriages,  the  weight  of  loads,  and  all  other 
matters  and  things  in  relation  to  the  use  of  said  road,  shall  be  in 
conformity  to  such  rules,  regulations,  and  provisions  as  the  direct- 
ors shall  from  time  to  time  prescribe  and  direct,  and  said  road  may 
be  used  by  any  person  or  persons  who  shall  comply  with  such 
rules  and  regulations :  Provided^  that  if  at  the  expiration  of  five 
years  from  and  after  the  opening  of  said  road  for  use,  the  net 
income  or  receipts  from  tolls  and  other  profits  shall  have  amounted 
to  more  than  ten  per  cent,  per  annum  on  the  whole  cost  of  the 
road  from  the  time  of  the  disbursements,  the  legislature  of  this 
State  may  take  measures  to  alter  and  reduce  the  rate  of  tolls  and 
other  profits  in  such  manner  as  to  take  off  the  overplus  for  the 
next  five  years,  calculating  the  amount  of  transportation  on  the 
road  to  be  the  same  as  the  five  preceding  years ;  and  at  the  expi- 
ration of  every  five  years  the  same  proceedings  may  be  had. 

Sect.  6,  The  directors  of  said  corporation,  for  the  time  being, 
are  hereby  authorized  to  erect  toll-houses  and  houses  for  the  deposit 
of  merchandise,  establish  gates,  appoint  toll-gatherers,  and  demand 
and  receive  toll  upon  the  road  when  completed,  and  upon  such 
parts  thereof  as  shall  from  time  to  lime  be  completed. 

Sect.  7.  When  the  lands  or  other  property  or  estate  of  any  in- 
fant or  person  non  comj)os  mentis,  shall  be  necessary  for  the  con- 
struction of  said  railroad,  the  guardian  of  such  infant  or  person 
non  compos  mentis,  may  agree  for  and  release  all  damages  for  any 
land  or  estate  taken  and  appropriated  as  aforesaid,  or  convey  the 
same  to  said  corporation  with  the  license  or  approbation  of  the 
judge  of  probate. 

Sect.  8,  The  annual  meeting  of  the  members  of  said  corpora- 
tion shall  be  holden  at  such  times  as  the  corporation  by  their  by- 


NEW   HAMPSHIRE.  613 

laws,  shall  prescribe,  and  at  such  place  within  this  State,  as  the 
corporation  or  the  directors  for  the  time  being,  shall  prescribe ;  at 
which  meeting  five  directors  shall  be  chosen  by  ballot ;  and  the 
three  persons  first  named  in  this  Act,  or  any  two  of  them,  are 
hereby  authorized  to  call  the  first  meeting  of  said  corporation,  by 
giving  notice  in  two  or  more  newspapers,  of  which  one  shall  be 
published  in  Portsmouth  and  one  in  Dover.  And  at  said  first  meet- 
ing or  any  adjournment  thereof  a  clerk  for  the  time  being  and 
directors  may  be  chosen,  and  rules  and  regulations  adopted,  and 
measures  taken  for  subscribing  the  stock,  duly  organizing  the  cor- 
poration, surveying  and  locating  the  road,  and  preparing  for  the 
construction  of  the  same.  And  the  directors  are  hereby  authorized 
to  call  special  meetings  of  the  stockholders,  whenever  they  shall 
deem  it  expedient  and  proper,  giving  such  notice  as  the  corporation 
by  their  by-laws  shall  direct. 

Sect.  9.  Unless  one  fourth  of  the  stock  shall  have  been  sub- 
scribed for,  the  corporation  organized,  and  the  location  of  the  route 
filed  in  the  ofiice  of  the  secretary  of  state,  prior  to  the  first  Wednes- 
day of  June,  in  the  year  of  our  Lord  one  thousand  eight  hundred 
and  forty-five,  and  the  corporation  shall  have  expended  the  sum 
of  ten  thousand  dollars  towards  the  completion  of  said  road  previ- 
ous to  the  first  day  of  September,  in  the  same  year,  this  Act  shall 
be  null  and  void ;  and  this  Act  shall  be  null  and  void  as  to  an)'- 
and  every  portion  of  said  railroad  which  shall  not  be  completed 
and  fit  for  use  before  the  first  day  of  June,  in  the  year  of  oiu-  Lord 
one  thousand  eight  hundred  and  forty-seven ;  but  notwithstanding 
the  filing  of  said  location,  said  corporation  may  deviate  therefrom 
in  the  construction  of  said  road,  not  exceeding  the  distance  of  fifty 
rods  from  said  location  on  either  side ;  provided  it  be  found  neces- 
sary for  avoiding  impediments  or  the  easier  or  better  construction 
of  said  road. 

Sect.  10.  Said  railroad  corporation  shall  constantly  maintain  in 
good  repair,  all  bridges  with  their  abutments  and  embankments, 
which  they  may  construct  for  the  purpose  of  conducting  their  rail- 
road over  any  canal,  turnpike,  or  other  highway,  or  any  private 
way,  or  for  conducting  such  private  way,  turnpike,  or  other  high- 
way over  said  railroad ;  and  in  default  thereof  shall  be  liable  in 
an  action  of  the  case  to  answer  in  damages  to  the  party  aggrieved. 

Sect.  11.  It  shall  be  the  duty  of  the  directors  of  said  corpora- 
tion from  year  to  year,  on  or  before  the  second  Wednesday  of  June, 
to  make  a  report  to  the  legislature  of  this  State  of  their  acts  and 
52 


614  PORTSMOUTH   AND   DOVER   RAILROAD. 

doings,  receipts  and  expenditures  under  the  provisions  of  this  Act. 
And  their  books  shall  at  all  times  be  open  to  the  inspection  of  any 
committee  of  the  legislature  appointed  for  that  purpose.  And  if 
said  corporation  shall  unreasonably  neglect  or  refuse  to  make  such 
report  at  the  expiration  of  every  year  after  the  opening  of  said 
railroad,  for  every  such  neglect  or  refusal  they  shall  forfeit  and 
pay  to  the  use  of  the  State  a  sum  not  exceeding  iive  thousand 
dollars,  to  be  recovered  by  action  or  indictment  in  any  court  of 
competent  jurisdiction. 

Sect.  12.  It  shall  be  in  the  power  of  this  State  at  any  time  after 
the  expiration  of  fifteen  years,  from  opening  for  use  the  railroad 
herein  provided  to  be  made,  to  purchase  of  the  said  corporation  the 
said  railroad  and  all  the  franchises,  property,  rights,  and  privileges 
of  said  corporation  by  paying  them  therefor  a  sum  equal  in  amount 
to  their  capital  expended,  and  such  further  sum  as  with  the  net 
income  by  them  received,  shall  make  their  net  income  equal  to 
eight  per  cent,  on  said  capital  annually. 

Sect.  13.  Nothing  in  this  Act  shall  be  so  construed  as  to  affect 
the  rights  of  any  railroad  corporation  heretofore  granted,  and  the 
legislature  may  at  any  time  hereafter  alter,  amend,  or  modify  this 
Act  or  any  of  its  provisions.     Approved,  December  21,  1842. 

Laws  of  1844,  Chap.  196. 

An  Act  to  extend  an  Act  to  incorporate  the  proprietors  of  the  Portsmouth  and 

Dover  Railroad. 

Be  it  e7iacted,  <^'c.  That  so  much  of  the  ninth  section  of  the 
Act  entitled  "  an  Act  to  incorporate  the  proprietors  of  the  Ports- 
mouth and  Dover  Railroad,"  passed  in  the  year  one  thousand  eight 
hundred  and  forty-two,  as  provides  that  said  Act  shall  be  null  and 
void  in  respect  to  said  road  or  any  portion  thereof,  in  default  of 
compliance  with  certain  requisites  therein  mentioned,  within  the 
times  therein  limited,  be  and  the  same  hereby  is  repealed  and  the 
residue  of  said  Act  shall  be  and  hereby  is  continued  in  force,  any 
thing  in  said  section  to  the  contrary  notwithstanding;  provided, 
however,  and  it  is  hereby  enacted  that  unless  one  fourth  of  the 
stock  of  said  corporation  shall  have  been  subscribed  for,  the  corpo- 
ration organized,  and  the  location  of  the  route  filed  in  the  oflice  of 
the  secretary  of  state  before  the  last  day  of  December,  in  the  year 
of  our  Lord,  one  thousand  eight  hundred  and  forty-eight,  and  the 


NEW    HAMPSHIRE.  615 

corporation  shall  have  expended  the  sum  of  ten  thousand  dollars 
towards  the  completion  of  said  road,  previous  to  the  first  day  of 
September,  in  the  year  one  thousand  eight  hundred  and  forty-nine, 
the  said  Act  shall  he  null  and  void,  and  the  Said  Act  shall  be  null 
and  void  as  to  any  and  every  portion  of  said  railroad,  which  shall 
not  be  completed  and  fit  for  use  before  the  first  day  of  June,  in  the 
year  of  our  Lord,  one  thousand  eight  hundred  and  fifty-one ;  but 
notwithstanding  the  filing  of  said  location,  said  corporation  may 
deviate  therefrom  in  the  construction  of  said  road,  not  exceeding 
the  distance  of  fifty  rods  from  said  location  on  either  side ;  provided 
it  be  necessary  for  avoiding  impediments  or  the  easier  or  better 
construction  of  said  road.     Appi'oved,  December  27,  1844. 

Laws  of  1848,  Chap.  779. 

An  Act  to  amend  and  continue  the  Acts  to  incorporate  th.e  proprietors  of  the  Ports- 
mouth and  Dover  Railroad. 

Sect.  1.  Be  it  enacted,  <|*c.  That  the  corporation  heretofore  con- 
stituted by  the  name  of  the  Proprietors  of  the  Portsmouth  and 
Dover  Railroad,  shall  be  henceforth  known  and  called  by  the 
name  of  the  Portsmouth  and  Dover  Railroad,  and  by  that  name 
the  same  shall  continue  to  be  a  body  politic  and  corporate  for  the 
purpose  of  constructing  and  using  a  railroad  from  any  part  of  the 
town  of  Portsmouth  to  any  part  of  the  town  of  Dover,  upon  such 
route  as  shall  appear  to  them  the  most  practicable  and  the  best. 

Sect.  2.  The  said  corporation  may  construct  a  bridge  across  the 
Piscataqua  River,  at  such  place  between  a  point  at  or  near  Pisca- 
taqua  bridge  and  the  mouth  of  the  Cochecho  River,  as  shall  be 
approved  by  the  railroad  commissioners  :  Provided,  That  said 
bridge  shall  be  constructed  with  a  suitable  draw  and  passages  for 
the  free  and  easy  navigation  of  the  Piscataqua  River,  and  upon 
such  plan,  so  far  as  relates  to  said  draw  and  passages  as  shall  be 
approved  by  the  said  commissioners. 

Sect.  3.  All  damages  which  may  be  cansed  to  the  proprietors  of 
the  Piscataqua  Bridge  or  to  any  person  or  persons  having  rights  of 
ferry  across  said  river,  by  the  construction  of  said  bridge  for  said 
railroad,  shall  be  assessed  by  the  said  railroad  commissioners  in 
the  same  way  and  manner  as  road  commissioners  in  the  several 
counties  are  now  required  to  assess  damages  where  lands  are 
taken  for  highways ;  and  the  same  right  of  appeal  to  the  court  of 


616  PORTSMOUTH  AND  DOVER  RAILROAD. 

common  pleas  for  the  county  of  Rockingham,  is  hereby  secured 
all  persons  and  corporations  injured  by  the  construction  of  said 
bridge,  as  is  provided  in  the  eighth  section  of  the  fifty-first  chapter 
of  the  Revised  Statutes,  to  be  proceeded  with  in  the  same  way  and 
manner. 

Sect.  4.  the  capital  stock  of  this  corporation  shall  not  exceed 
three  hundred  and  fifty  thousand  dollars  and  shall  be  divided  into 
shares  of  not  less  than  fifty  dollars  each. 

Sect.  5.  So  much  of  the  Act  entitled  "  An  Act  to  incorporate 
the  proprietors  of  the  Portsmouth  and  Dover  Railroad,"  approved 
December  the  twenty-first,  in  the  year  of  our  Lord,  one  thousand 
eight  hundred  and  forty-two,  as  limits  the  location  of  said  railroad 
and  the  place  where  the  same  shall  cross  the  Piscataqua  River, 
and  so  much  of  said  Act  and  of  the  Act  entitled  an  "  Act  to  ex- 
tend an  Act  to  incorporate  the  proprietors  of  the  Portsmouth  and 
Dover  Railroad,"  approved  December  the  twenty-seventh,  in  the 
year  of  our  Lord,  one  thousand  eight  hundred  and  forty-four,  as 
provides  that  said  Acts  or  either  of  them  shall  be  null  and  void  in 
default  of  compliance  with  certain  requisites  therein  mentioned, 
and  all  Acts  and  parts  of  Acts  inconsistent  with  the  provisions  of 
this  Act  are  hereby  repealed ;  and  the  residue  of  said  Acts  shall  be 
and  are  continued  in  force,  according  to  the  provisions  of  this  Act : 
Provided,  however,  That  if  the  location  of  said  railroad  be  not  filed 
in  the  office  of  the  secretary  of  the  State  within  two  years  from 
the  passage  of  this  Act,  or  if  the  capital  stock  of  said  corporation 
to  the  amount  of  one  half  the  estimated  cost  of  said  road  shall  not 
be  subscribed  within  two  years  from  the  passage  of  this  Act,  or  if 
said  road  shall  not  be  constructed  and  ready  for  use  from  said 
Portsmouth  to  said  Dover  within  four  years  from  the  passage  of 
this  Act,  then  this  Act,  and  the  Acts  to  which  the  same  is  in 
addition  shall  be  null  and  void. 

Sect.  6.  The  legislature  may  at  any  time  alter,  amend,  or  repeal 
this  Act. 

Sect.  7.  This  Act  shall  take  effect  and  be  in  force  from  its  pas- 
sage.    Approved,  December  29,  1848. 


NEW  HAMPSHIRE.  617 


GENERAL  LAWS   OF  NEW  HAMPSHIRE,  RESPECTING  RAILROAD 
AND   OTHER   CORPORATIONS. 

An  Act  providing  the  nwcle  of  assessing  land  damages,  jJossed  June  16,  1836. 

Chapter  237  of  the  Laws  of  1836  contains  the  Act. 

Sect.  1  provides  that  a  Board  of  Commissioners  for  each,  comity,  consisting  of  three, 
shall  be  established,  to  hold  their  office  for  two  years,  for  the  purpose  of  assessing 
land  damages. 

Sect.  2  provides  that  any  owner  of  land  taken  for  railroad  purposes  shall  apply  by 
petition  to  said  Commissioners,  who  shall  appoint  a  time  and  place  to  hear  the 
parties,  as  is  provided  in  the  case  of  highways. 

Sect.  3  provides  that  at  such  hearing  the  Commissioners  shall  assess  the  damages, 
determine  the  time  and  mode  of  payment,  and  make  a  report  of  their  proceedings 
to  the  Court  of  Common  Pleas,  which  being  accepted  shall  be  final ;  two  of  the 
Commissioners  may  proceed,  in  case  of  interest,  refusal,  or  inability  to  attend  of 
the  third ;  and  such  application  must  be  made  witliin  one  year  from  the  time  when 
the  land  was  taken. 

Sect.  4  defines  the  manner  of  compensating  said  Commissioners. 

Sect.  5  provides  that  this  Act  shall  apply  to  aU  railroads  now  or  to  be  incorporated 
by  this  State,  and  repeals  all  Acts  inconsistent  with  this  Act. 

An  Act  for  the  assessment  of  land  damages  passed  January  13,  1837. 

Chapter  280  of  the  Laics  of  1836  contains  the  Act. 

Sect.  1  provides  that  the  owner  of  land  taken  for  railroad  purposes  may  petition 
the  Court  of  Common  Pleas,  for  the  county,  to  have  his  damages  assessed,  and 
said  Court  shall  thereupon  appoint  a  Committee,  in  the  same  manner  as  in  laying 
out  highways,  who  shall  appoint  a  time  and  place  to  hear  the  parties  and  examine 
the  land  in  question. 

Sect.  2  enacts  that  said  Committee  shall,  on  such  hearing  and  examination,  assess 
the  damages,  and  make  the  report  of  the  majority  to  the  Court  next  to  be  holden 
for  that  county ;  which  report,  when  accepted,  shall  be  final ;  providing  that  two  of 
said  Committee  may  proceed,  in  the  absence  of  the  third,  and  that  such  applica- 
tion must  be  made  within  three  years  from  the  taking  of  the  land. 

Sect.  3  provides  that  any  party  aggrieved  by  the  award  of  said  Committee,  may 
have  a  jury  to  determine  the  matter  of  his  complaint,  by  petition  to  said  Court, 
and  the  report  of  the  Committee  may  be  used  as  evidence  before  the  jury. 

Sect.  4  provides  that  two  or  more  persons,  applying  for  joint  or  several  damages, 
may  unite  in  the  same  petition. 

Sect.  5  authorizes  the  representative  of  any  petitioner,  who  shall  have  deceased,  to 
appear  and  prosecute  such  petition,  or  the  survivors  of  several  petitioners,  after 
due  notice  given  to  the  representative  of  any  one  deceased  and  neglect  to  appear. 

Sect.  6  provides  that  the  jury  may  view  the  premises. 

52* 


618         GENERAL  LAWS  CONCERNING  RAILROADS. 

Sect.  7  provides  that  the  Court  may  requu-e  the  Railroad  Company,  on  applying  for 
a  jury,  to  furnish  security  for  such  damages  as  may  be  assessed. 

Sect.  8  authorizes  any  such  Company  after  said  Committee  shall  have  made  their 
estimate,  to  tender  to  the  party  the  damages  assessed  and  costs  incurred,  which 
shall  be  a  bar  to  any  further  costs,  unless  the  party  on  the  final  hearing  shall 
recover  a  greater  sum ;  and  provides  that  said  Company,  if  they  apply  for  a  jiiry, 
shall  pay  all  additional  costs,  if  the  damages  are  not  reduced. 

Sect.  9  fixes  the  compensation  of  said  Committee. 

Sect.  10  makes  this  Act  apply  to  all  Railroad  Companies  that  have  been  or  may  be 
chartered,  and  repeals  all  Acts  inconsistent  with  it,  particularly  parts  of  that  of 
the  Concord  Raihoad  Corporation,  passed  1835,  June  27;  the  Keene  Railroad 
Company,  passed  1835,  June  27  ;  the  Boston  and  Maine  Railroad,  passed  1835, 
June  27  ;  the  Nashua  and  Lowell  Railroad,  passed  1835,  June  23  ;  and  the  Eastern 
Railroad  in  New  Hampshire,  passed  1836,  Jvme  18  ;  relating  to  land  being  taken 
for  pm-poses  of  construction,  and  the  manner  of  estimating  land  damages ;  also 
the  Act  concerning  assessment  of  damages,  passed  June  16,  1836. 

Chapter  498  of  the  Laws  of  1840  contains  ati  Act  relating  to  Railroads  and  other 

Corporations. 

Sect.  1  repeals  both  the  preceding  Acts,  excepting  as  to  railroads  not  now  completed, 
and  requires  that  damages  must  be  paid  to  the  owners,  before  their  land  can  be 

taken. 

Sect.  2  repeals  the  Act  authorizing  the  town  of  Concord  to  hold  stock  in  this  Com- 
pany, passed  January  14,  1837. 

Sect.  3  provides  that  no  Corporation  shall  take  lands  for  works  not  already  begun, 
without  the  consent  of  the  owner. 

Sect.  4  requires  that  every  Railroad  Corporation  shall  construct  and  maintain  a 
fence  on  each  side  of  and  along  the  whole  track,  and  in  default  thereof,  may  be 
proceeded  against  by  injunction,  excepting  where  they  have  paid  for  building  and 
maintaining  said  fences,  when  the  Corporation  shall  be  responsible  for  their  main- 
tenance and  repairs. 

Sect.  5  repeals  all  Acts  inconsistent  with  this  Act. 

Chapter  561  of  the  Laics  of  1840  contaitis  an  Act  relating  to  Railroads. 

It  provides  that  all  Railroad  Companies  shall  be  liable  for  damages  occasioned  by 
fire  or  steam  from  their  locomotives,  and  may  effect  insurance  on  any  property 
against  such  risk,  and  in  case  of  loss,  receive  the  benefit  thereof. 

Chap.  563  of  the  Laics  of  1840  contains  an  Act  in  addition  to  Chapter  498  of  this  year. 

Sect.  1  provides  that  the  doings  of  the  Concord  Railroad  Corporation  shall  be  con- 
sidered a  commencement  of  said  road  under  their  charter,  they  applying  to  the 
Court  within  the  county  for  an  appraisement  of  lands  taken  by  them,  when  they 
cannot  agree  with  the  owner,  and  giving  security  for  its  value,  aud  in  default 
thereof  being  liable  to  injunction. 

Sect.  2  repeals  all  Acts  inconsistent  with  this  Act. 


NEW    HAMPSHIRE.  619 


Chapter  584  of  the  Laws  of  1840  contains  an  Act  relating  to  Railroad  Corporations. 

Sect.  1  provides  that  after  March  15,  1841,  any  owner  of  land  taken  for  railroad 
purposes,  not  compensated  before  that  time,  may  fence  it  np  and  retain  possession 
thereof  until  satisfaction  is  made,  first  giving  fifteen  days'  notice  to  the  Clerk  of 
the  Raih-oad  Corporation,  unless  before  said  March  15th  said  Corporation  shall 
procure,  at  their  expense,  the  appointment  of  a  Committee  by  the  Court  of 
Common  Picas  for  that  county,  to  award  damages  to  the  land  owner,  and  shall 
have  tendered  to  him  the  amount  of  their  award. 

Sect.  2  requires  that  Clerks  of  Eailroad  Corporations  shall  notify  land  owners  of 
theu-  intention  to  make  such  application  to  the  Court  for  a  Committee,  and  pro- 
vides that  the  owners  may  employ  counsel,  to  be  paid  by  the  party  making  the 
application. 

Sect.  3  provides  that  if  any  land  owner  refuses  such  tender  of  damages,  the  Corpo- 
ration may  continue  to  use  the  land,  the  party  having  his  remedy  at  law. 

Chapter  512  of  the  Laics  q/"  1841  contains  an  Act  relating  to  Railroads, 

Sect.  1  provides  that  railroads  shall  secure  all  highways  which  they  cross  by  erect- 
ing a  bridge  over  or  gates  on  both  sides  of  them,  as  the  town  may  by  their  vote 
direct ;  and  if  after  due  notice  of  such  vote,  any  Railroad  Company  shall  neglect 
for  six  months  to  comply  therewith,  the  town  may  cause  the  rails  to  be  removed, 
and  forbid  any  engines  or  cars  to  run  across  the  highway,  until  they  shall  so 
comply. 

Sect.  2  repeals  all  Acts,  or  parts  of  Acts,  inconsistent  herewith,  excepting  as  tOr 
proceedings  already  commenced  under  them. 

Chapter  5  of  the  Private  Acts  of  1841  contains  an  Act  relating  to  Railroads. 

Sect.  1  authorizes  any  Railroad  Corporation  to  make  by-laws. 

Sect.  2  provides  that  any  Railroad  Company  may  contract  with  another  for  trans- 
portation of  passengers  and  freight. 

Sect.  3  authorizes  them  to  hold  real  estate  to  the  amount  of  5  per  cent,  on  their 
capital  stock 

Sect.  4  repeals  any  clause  in  railroad  charters,  limiting  their  duration,  reserving  to 
the  Legislature  the  power  to  repeal  any  charter. 

Chapter  39  of  the  Revised  Statutes,  Sects.  4,  5,  and  6,  contains  provisions  respecting  the 

taxation  of  railroad  property/. 

Chapter  142  contains  provisions  respecting  the  mode  of  taking  lands  for  railroad  purposes, 
making  compensation  therefor,  and  the  penalty  for  neglect  thereof;  also  other  provisions 
as  to  Railroad  Corporations. 

Chapter  146  has  general  provisions  respecting  Corporations;  the  liability  of  stockholders, 
the  manner  of  enforcing  their  payment,  the  mode  of  transferring  stock,  the  form  of  con- 
ducting proceedings  at  their  meetings,  and  other  provisions. 


620  GENERAL  LAWS  CONCERNING  RAILROADS. 


Chapter  183,  Section  9,  directs  hoio  process  may  be  served  on  Corporations. 

Chapter  215,  Section  3,  prescribes  the  jmnishment  for    obstructing   the    track  of  any 

railroad,  or  running  rails  therefrom. 

Chapter  34,  Sections  9,  10,  and  II,  of  the  Piiblic  Acts  of  1843,  contains  amendments  to 

Revised  Statutes,  Chapter  146. 

An  Act  to  render  Railroad  Corporations  public  in  certain  cases,  and  constituting  a  Board 

of  Railroad  Commissioners. 

Chapter  128  of  the  Laws  of  1844  contains  this  Act. 

Sect.  1  provides  that  three  Commissioners  shall  be  appointed,  one  at  each  June 
Session  of  the  Legislature,  to  hold  their  offices  for  the  term  of  three  years,  and 
who  shall  be  sworn  to  the  faithful  performance  of  their  duties. 

Sect.  2  authorizes  the  Governor  and  Coimcil  to  remove  them,  for  good  cause,  and 
fill  vacancies. 

Sect.  3  declares  all  Railroad  Companies,  now  or  hereafter  to  be  chartered,  and  that 
shall  be  unable  to  agree  with  land  owners  as  to  their  damages,  public  Corpora- 
tions, provided  they  vote  to  accept  this  Act,  at  a  meeting  held  for  that  purpose, 
and  file  in  the  office  of  the  Secretary  of  State  a  copy  of  such  vote. 

Sect.  4  provides  that  any  such  Corporation,  having  accepted  the  provisions  of  this 
Act,  may  apply  by  petition  to  the  Commissioners  to  survey  their  route,  as  pre- 
scribed in  the  charter  ;  and  if,  after  due  public  notice,  and  a  hearing  of  all  parties, 
the  Commissioners  shall  decide  against  the  petition,  no  further  proceedings  shall 
be  had,  unless  an  appeal  is  taken  as  is  provided  in  Section  7  ;  if  they  decide  in 
favor  of  the  petition,  they  shall  seasonably  report  their  decision  to  the  Governor 
and  Council,  who  shall,  at  their  next  session,  decide  concerning  the  Commission- 
ers' report  and  transmit  their  decision  to  the  Commissioners ;  and  they,  if  such 
decision  is  unfavorable  to  the  petition,  shall  proceed  no  further. 

Sect.  5  directs  the  Commissioners,  if  such  decision  is  favorable  to  the  petition,  on 
written  application  of  the  Corporation,  to  lay  out  the  road,  and  in  connection  -with 
the  road  Commissioners  in  each  county,  to  assess  the  land  damage,  in  the  same 
manner,  and  subject  to  the  same  right  of  appeal,  as  is  now  provided,  provided 
that  the  Corporation  may  make  alterations  in  the  route,  and  the  same  proceedings 
be  had  respecting  such  alterations. 

Sect.  6  requires  that  said  Commissioners  shall  make  a  report  of  the  route  laid  out 
and  land  damages  assessed,  in  the  same  manner  as  road  Commissioners  are  requir- 
ed to,  by  Chapter  57  of  Revised  Statutes  ;  but  to  the  Governor  and  Council,  and  to 
be  recorded  by  the  Secretary  of  State ;  provided  that  damages  be  paid  to  land 
owners  only  in  case  of  entry  on  the  land,  and  that  land  shall  not  be  entered  upon 
until  the  damages  assessed  are  paid,  or  tendered  by  the  Commissioners,  in  behalf 
of  the  State. 

Sect.  7  authorizes  an  appeal  from  the  decision  of  the  Commissioners,  if  adverse  to 
laying  out  the  road,  to  the  Governor  who  shall,  if  necessary,  hear  the  parties ; 
and  if  for  the  public  good,  direct  that  the  road  be  laid  out. 

Sect.  8  provides  that  the  Governor,  shall,  on  written  application  of  said  Corporation 


NEW  HAMPSHIRE.  621 

loan,  under  seal  of  the  State,  the  right  to  construct  and  use  for  transportation  a 
raih-oad  over  said  route,  for  not  less  than  one  hundred  nor  more  than  two  hun- 
dred years,  and  at  the  expiration  of  that  time  such  right  to  revert  to  the  State ; 
which  lease  may  be  renewed,  subject  to  any  restrictions  the  State  may  impose,  or 
if  it  is  not  renewed,  such  corporation  shall  be  compensated  therefor. 

Sect.  9  requires  that  the  Corporation  shall,  before  the  delivery  of  such  lease,  deposit 
with  the  State  treasurer  a  sum  equal  to  the  amount  of  damages  assessed. 

Sect.  10  provides  that  the  State  may,  after  twenty  years,  resume  the  right  and 
privilege  of  the  Corporation,  by  giving  one  year's  notice  and  paying  what  it  may 
not  have  received  of  the  expenditure  and  10  per  cent,  on  such  expenditures. 

Sect.  1 1  requires  that  the  Corporation  shall  keep  accounts  of  receipts  and  expendi- 
tures and  make  annual  reports  thereof  to  the  Commissioners,  who  shall  communi- 
cate them  to  the  Legislature ;  and  if  the  receipts  shall  exceed  10  per  cent,  on  the 
net  expenditures,  such  excess  shall  be  paid  to  the  State. 

Sect.  12  enacts  that  such  Corporation  shall  transport  for  the  State,  in  times  of  war, 
munitions  of  war  and  soldiers,  free  of  charge  ;  and  at  other  times  all  property  of 
the  State  and  of  the  United  States,  at  such  rates  as  the  Governor  and  Council 
shall  impose. 

Sect.  13  reserves  to  the  Legislature  the  right  to  reduce  the  rates  of  toll,  if  the  net 
income  of  the  stock  exceed  10  per  cent. 

Sect.  14  requires  that  all  officers  of  the  Corporation,  excepting  superintendents  and 
those  actually  engaged  on  the  road,  shall  pay  the  usual  rates  of  toll. 

Sect.  15  provides  that  they  shall  permit  other  locomotives  and  cars  to  be  run  on 
their  road,  on  such  terms  as  the  Legislature  shall  prescribe,  and  subject  to  claims 
for  damages. 

Sect.  16  directs  that  the  road  shall  be  kept  in  good  repair,  and  shall  continue  to 
transport  passengers  and  freight,  unless  by  consent  of  the  Legislature  ;  in  default 
thereof,  being  liable  to  indictment  and  fine. 

Sect.  17  provides  that  all  Railroad  Corporations  shall  keep  a  record  of  their  doings, 
open  to  the  inspection  of  the  Legislature. 

Sect.  18  requires  that  one  of  said  Commissioners  shall,  at  least  once  in  each  year, 
examine  the  records  of  each  Corporation,  their  papers  and  property,  and  report 
them  to  the  Governor. 

Sect.  19  authorizes  any  such  Commissioner  to  administer  oaths  to,  and  examine 
under  oath,  all  officers  or  agents  of  such  Corporations  respecting  its  affau'S. 

Sect.  20  fixes  the  compensation  of  Commissioners,  and  provides  that  no  one  inter- 
ested in  any  railroad  Company  shall  hold  that  office,  or  holding  it,  shall  continue 
therein. 

Sect.  21  repeals  all  Acts  inconsistent  with  this. 

Sect.  22  enacts  that  this  Act  take  effect  from  its  passage. 

Chapter  141  of  the  Public  Acts  of  1844  cotitains  an  Act  amending  Chapter  39  of  the 

Revised  Statutes, 

It  relates  to  the  appraisement  and  taxation  of  real  estate  of  railroad  Corporations. 

Chapter  227  of  the  General  Laics  of  1845  contains  an  Act  i?i  addition  to  the  foregoing. 

Sect.  1  provides,  after  a  railroad  shall  have  received  the  sanction  of  the  railroad 
Commissioners,  that  it  may  be  laid  out  at  different  times  as  they  and  the  County 


622         GEXERAL  LAWS  CONCERNING  RAILROADS. 

Commissioners  shall  decide,  and  damages  assessed  to  land  owners,  and  a  lease 
granted  of  the  first  finished,  after  compliance  with  the  requirements  of  law. 

Sect.  2  enacts,  after  proceedings  had  as  recited  in  Section  1,  that  notices  of  the  time 
and  place  of  laying  out  the  route  to  land  owners  and  the  Selectmen,  conformably 
to  the  above  Act,  and  signed  by  the  chaii-man  of  the  railroad  Commissioners,  shall 
be  sufficient  to  all  land  owners  on  the  route  described. 

Sect.  3  proyides  that  releases  of  damages  from  land  o\\'ners,  filed  with  the  State 
treasurer,  may  be  a  substitute  for  the  money  required  by  said  Act  to  be  deposited, 
in  all  cases. 

Sect.  4  provides  that  land  damages  must  be  paid  or  tendered,  except  as  provided  by 
Section  2  of  Chapter  52  of  the  Revised  Statutes,  before  entry  can  be  made  there- 
on by  any  Corporation,  and  that  no  action  can  be  brought  till  after  entry,  except, 
that,  in  case  of  an  appeal  from  the  decision  of  the  Commissioners,  a  Corporation, 
after  giving  or  tendering  secmity  to  the  owner  of  land,  may  make  entry  thereon. 

Sect.  5  declares  that  the  words  "  road  laid  out "  in  Section  4  of  the  original  Act 
shall  be  taken  to  mean  •'  route  surveyed." 

Sect.  6  provides  that  any  Corporation,  having  adopted  the  provisions  of  the  orginal 
Act,  and  forwarded  a  notice  thereof  to  the  Secretary  of  State  for  publication, 
must  advance  the  expenses  of  such  publication,  before  it  will  be  made. 

Sect.  7  provides  that  this  Act  shall  take  effect  from  its  passage. 

Chapter  321  of  the  General  Laws  of  1846  contains  an  Act  relating  to  Corporations. 

Sect.  1  repeals  Section  1  of  Chapter  146,  of  the  Revised  Statutes. 
Sect.  2  makes  all  Corporations,  hereafter  incoxporated,  or  whose  charters  may  be 
amended  or  repealed,  liable  to  the  provisions  of  this  Act,  and  the  stockholders 
and  officers  shall  be  personally  liable  as  follows  : 

1st.  They  shall  be  jointly  and  severally  liable  for  all  the  Company's  debts  or 
contracts,  until  the  whole  capital  stock  shall  have  been  paid  in,  and  a  certificate 
thereof  shall  have  been  recorded  in  their  place  of  business  ;  and  no  note  or  obli- 
gation of  a  stocldiolder,  with  or  without  security,  shall  be  considered  as  paj-ment 
of  any  part  of  the  capital  stock. 

2d.  If  the  capital  be  reduced,  those  stockholders,  who  shall  vote  for,  or  receive 
their  share  of,  the  stock  so  A\-ithdrawn,  shall  be  liable,  jointly  and  severally,  for 
the  payment  of  all  debts  contracted  previously  to  recording  the  copy  of  the  vote 
authorizing  such  reduction. 

3d.  Every  such  Company  shall  annually  give  notice  to  the  Governor,  signed  by 
the  President  and  a  majority  of  Directors,  of  the  amount  of  assessments  voted 
and  paid  in,  the  debts  due  from  and  to  said  Corporation,  and  the  value  of  their 
property  and  assets;  in  neglect  thereof,  all  the  stockholders  shall  be  jointly  and 
severally  Uable  for  all  debts  existing,  and  that  shall  be  contracted,  until  the  giving 
of  such  notice. 

4th.  If  the  Directors  of  any  Corporation,  shall  declare  a  dividend,  when  the 
Corporation  is  insolvent,  or  the  paj-ment  of  which  would  render  it  insolvent,  they 
shall  be  jointly  and  severally  liable,  to  the  amount  of  such  dividend,  for  debts 
existing,  or  afterwards  contracted  during  their  term  of  office ;  absent  Directors,  or 
those  objecting  to  the  declaring  such  dividend,  shall  not  be  Uablc. 

5th.  No  Corporation,  other  than  banks,  shall  loan  money  to  their  stockholders  ; 
if  such  loan  be  made,  the  officers  making  it,  or  assenting  to  it,  shall  be  liable  for 
debts  contracted  before  the  payment  of  the  loan. 


NEW   HAMPSHIRE.  623 

6th.  The  whole  amount  of  debts  of  any  Corporations,  other  than  banks,  shall 

not  exceed  one  half  of  the  stock  paid  in,  under  the  liability  therein  mentioned. 
7th.  Affixes  a  penalty  for  any  false  return  or  certificate  made  by  the  officers  of 

any  Corporation. 
Sect.  3  contains  provisions  respecting  banks. 
Sect.  4  prescribes  the  form  of  proceeding  against  Corporations. 
Sect.  5  authorizes  each  stockholder  to  represent  his  shares  by  votes,  not  exceeding 

one  eighth  of  the  whole  stock. 
Sect.  6  provides  that  the  Legislature  may  amend  the  charter  of  any  Corporation, 

upon  notice  to  them  ;  and  may  repeal  a  charter,  for  violation  of  its  provisions. 
Sect.  7  requires  the  charter  of  any  such  Corporation  to  be  accepted  v.'ithin  three 

years  after  its  enactment ;  or  it  shall  be  void. 
Sect.  8  repeals  all  Acts  inconsistent  herewith. 
Sect.  9  provides  that  this  Act  shall  take  effect  immediately. 

Chapter  324  of  the  General  Laws  of  1846  contains  provisions  respecting  Corporations. 

Sect.  1  authorizes  Corporations  to  insert  any  number  of  shares  in  one  certificate. 
Sect.  2  provides  that  this  Act  shall  take  effect  immediately. 

Chapter  335  of  the  Laws  of  1846  contains  an  Act  in  amendment  of  Chapter  142  of  the 

Revised  Statutes. 

Sect.  1  provides  that  when  any  town  shall  require  a  railroad  Corporation  to  secure, 
by  a  bridge  or  gates,  a  highway  which  they  cross  or  intersect,  said  Corporation 
may,  after  thirty  days'  notice  thereof,  apply  bj"-  petition  to  the  Court  of  Common 
Pleas  for  the  county,  to  cause  an  examination  of  said  crossing  to  be  made,  after 
notice  to  the  town  ;  and  said  Court  shall  thereupon  refer  said  petition  to  the  road 
Commissioners  for  the  county,  Avho  shall  hear  the  parties  and  report  if  further 
security  is  necessary. 

Sect.  2  provides  that  the  same  proceedings  as  in  Section  1  may  be  had,  when  a 
railroad  Corporation  think  it  expedient  to  erect  bridges  or  gates  at  such  crossings. 

Sect.  3  requires  that  said  Commissioners  shall  specify  in  their  report  if  more  land 
be  necessarj'',  provided  notice  be  given  to  the  land  owners  ;  and  if  said  report  be 
accepted,  said  Corporations  may  take  such  land,  after  paying  or  tendering  the 
damages,  assessed  as  is  hereafter  provided. 

Sect.  4  provides  that,  in  all  cases  of  persons  suffering  damages  by  reason  of  erecting 
said  bridges  or  gates,  said  Commissioners  shall  hear  the  parties  and  assess  their 
damages  and  make  report  thereof,  on  petition  of  the  Corporation  or  of  the  land 
owner. 

Sect.  5  requires  that,  when  a  land  owner  presents  a  petition  as  aforesaid,  thirty 
days'  notice,  previous  to  the  term  of  the  Court  at  which  it  is  to  be  heard,  be  given 
to  the  Corporation,  and  other  proceedings  be  had  as  in  the  case  of  lands  taken  for 
highways. 

Sect.  6  gives  to  any  such  petitioner  the  right  to  have  a  jury  assess  his  damages,  as 
in  Revised  Statutes,  Chapter  51,  Section  8. 

Sect.  7  provides  that  said  Court  may  render  judgment  and  issue  execution  upon 
said  Commissioners'  report,  where  no  sufficient  objection  appears  ;  shall  appoint  the 
time  for  constructing  said  bridges  or  gates ;  and  in  case  of  a  Corporation  refasing 


624         GENERAL  LAWS  CONCERNING  RAILROADS. 

to  comply  with  any  order  made  in  pursuance  of  this  Act,  the  Superior  Court  may 

prohibit  them  from  using  their  road. 
Sect.  8  repeals  all  Acts  inconsistent  with  this  Act. 
Sect.  9  provides  that  it  take  effect  from  its  passage. 

Chapter  485  q/"  the  General  Laios  of  1847  contains  further  provisions  concerning 

Railroads. 

Sect.  1  authorizes  the  railroad  Commissioners  to  alter  the  route  of  any  railroad,  as 

therein  provided. 
Sect.  2  provides  that  such  laying  out  shall  be  a  discontinuance  of  that  part  of  the 

road  for  which  it  is  substituted. 
Sect.  3  provides  that  the  land  owners,  if  damages  previously  awarded  shall  not  have 

been  paid,  shall  only  have  the  actual  damages  sustained  by  law. 
Sect.  4  requires  said  Commissioners  to  certify  said  damages  to  the  town  clerk. 
Sect.  5  repeals  all  provisions  inconsistent  herewith. 
Sect.  6  provides  that  this  Act  shall  take  effect  immediately. 

Chapter  486  of  the  General  Laios  of  1847  contains  additional  provisions. 

Sect.  1  defines  the  mode  of  proceeding,  where  railroads  are  so  built  as  to  obstruct 

or  injure  any  highway,  private  way,  or  bridge. 
Sect.  2  provides  that  this  Act  shaU  take  effect  immediately. 

Chapter  487  of  the  General  Laios  of  1847  contains  additional  provisions. 

Sect.  1  repeals  Section  6  of  "  An  Act  in  amendment  of  the  laws  relating  to  Coi-po- 

rations,"  passed  June  Session,  1846. 
Sect.  2  authorizes  the  Legislature  to  alter  or  repeal  the  charter  of  any  Corporation, 

when  expedient. 
Sect.  3  repeals  all  Acts  inconsistent  herewith. 
Sect.  4  provides  that  this  Act  shall  take  effect  immediately. 

Chapter  621  of  the  Public  Laws  of  1848  contains  further  provisions. 

Sect.  1  provides  that  damages  for  land  taken  for  any  railroad,  shall  be  assessed  by 

the  railroad  Commissioners  in  conjunction  with  the  Selectmen  of  the  town. 
Sect,  2  repeals  Acts  inconsistent  herewith. 

Chapter  709  of  the  Public  Laws  of  1848  contains  additional  provisions. 

Sect.  1  rcquix-es  every  railroad  Corporation,  constituting  a  board  of  railroad  Com- 
missioners, to  file  with  the  Secretary  of  State,  a  copy  of  the  record  of  such  vote, 
to  be  published  by  him. 

Sect.  2  repeals  so  much  of  Section  3,  Chapter  128,  of  the  Pamphlet  Laws  as  is  incon- 
sistent herewith. 

Sect.  3  provides  that  this  Act  shall  take  effect  immediately. 


NEW  HAMPSHIRE.  625 


Chapter  710  of  the  Public  Laws  of  1848  contains  further  provisions. 

Sect.  1  repeals  Section  2  of  "  Au  Act  amending  the  Revised  Statutes,  approved 

July  1,  1843. 
Sect.  2  provides  that  this  Act  shall  take  effect  immediately. 

Chapter  860  of  the  Public  Laics  of  1849  contains  further  i)rovisions. 

Sect.  1  prohibits  any  railroad  Corporation  from  selling  their  stock  below  par. 

Sect.  2  provides  that  the  free  sale  thereof  shall  not  be  prohibited- 

Sect.  3  provides  that  no  person  shall  represent  more  than  one  fifth  of  the  whole 

shares  at  any  public  meeting. 
Sect.  4  prohibits  a  stockholder,  who  has  not  paid  assessments  on  his  shares,  from 

voting  at  any  meeting. 
Sect,  o  repeals  all  laws  inconsistent  herewith. 
Sect.  6  provides  that  this  Act  shall  take  effect  immediately. 


Laws  of  1836,  Chap.  237. 

An  Act  to  provide  a  more  cheap  and  expeditious  mode  of  assessing  damages  for 
lands  or  materials  taken  by  Railroad  Coq^orations. 

Sect.  1.  Be  it  enacted^  t^'c.  That  for  the  purpose  of  assessing  the 
damages  occasioned  to  the  owners  of  lands  or  materials  by  reason 
of  taking  the  same  for  the  use  of  any  railroad  corporation  that  has 
been,  or  hereafter  may  be  established  under  the  authority  of  this 
State,  there  shall  be  a  board  of  commissioners  for  each  county,  con- 
sisting of  three  disinterested  and  competent  persons  in  each  county, 
one  of  whom  shall  be  chairman,  to  be  appointed  by  the  governor, 
with  the  advice  and  consent  of  the  council,  and  to  hold  their  office 
for  the  term  of  two  years. 

Sect.  2.  That  whenever  any  land  or  materials  shall  be  taken 
as  aforesaid,  it  shall  be  lawful  for  any  owner  thereof,  or  for  said 
corporation,  to  apply  by  petition  to  the  commissioners  for  the 
county  within  which  said  land  or  materials  may  be  situated,  to 
estimate  the  damages  occasioned  by  reason  of  taking  the  same ; 
and  it  shall  be  the  duty  of  said  commissioners,  on  such  applica- 
tion, to  appoint  a  time  and  place  for  commencing  the  examination 
of  such  land  or  materials,  and  hearing  the  parties ;  of  which  time 
and  place,  notice  in  writing,  signed  by  the  chairman,  or  in  case  he 

53 


626  GENERAL  LAWS  COXCERXING  RAILROADS. 

shall  be  interested,  refuse,  or  be  unable  to  officiate  by  reason  of  sick- 
ness or  absence,  by  the  other  commissioners,  shall  be  given  to  each 
of  said  owners  and  to  said  corporation,  in  the  same  manner  as  is 
now  provided  by  law  to  be  given  by  committee  appointed  by  the 
court  of  common  pleas,  to  lay  out  highways. 

Sect.  3.  That  at  the  time  and  place  appointed,  or  at  an  adjourn- 
ment of  the  same,  the  commissioners  shall  proceed  to  commence 
the  examination  aforesaid,  and  to  hear  the  parties ;  and  shall 
assess  the  damages  occasioned  to  each  owner  of  land  or  materials, 
by  reason  of  taking  the  same,  and  shall  determine  the  time  and 
mode  of  payment,  and  their  report,  imder  the  hands  of  a  majority, 
containing  the  names  of  the  several  owners,  a  description  of  the 
land  or  materials  of  each  taken,  the  amount  of  damage  awarded 
to  each,  and  the  lime  and  mode  of  payment,  being  returned  to  the 
court  of  common  pleas  next  to  be  holden  within  and  for  the  county 
in  which  such  land  or  materials  may  be  situated,  and  duly 
accepted,  shall  be  binding  on  the  parties,  and  final :  Provided, 
however^  that  in  case  any  one  of  said  commissioners  shall  refuse, 
be  interested,  or  imable  to  attend,  it  shall  be  lawful  for  the  other 
two  to  proceed  and  act  in  the  same  manner  as  if  all  were  present: 
And  irrovided  further,  that  no  such  application  shall  be  sustained 
unless  made  within  one  year  from  the  time  such  land  or  materials 
shall  be  taken  as  aforesaid. 

Sect.  4.  That  each  of  said  commissioners  shall  be  allowed  the 
sum  of  two  dollars  for  each  day  actually  and  necessarily  spent  in 
such  service,  and  five  cents  per  mile  travel  to  and  from  the  place 
of  examination,  to  be  paid  in  all  cases  by  such  corporation,  together 
Avitli  such  other  legal  and  reasonable  costs  and  charges  as  shall  be 
allowed  by  said  court. 

Sect.  5.  That  this  Act  shall  apply  to  all  railroad  corporations 
that  have  been  or  hereafter  may  be  created  under  the  authority  of 
this  State,  and  that  all  Acts  or  parts  of  Acts  inconsistent  with  the 
foregoing  provisions,  be  and  the  same  are  hereby  repealed.  Approv- 
ed,  June  16,  1836. 

Laws  of  1S36,  Chap.  280. 

An  Act  providing  for  the  assessment  of  damages  for  land  taken  for  Kaili-oad  Corpo- 
rations. 

Sect.  1.  Be  it  enacted,  t^'c.  That  for  the  purpose  of  assessing  the 
damages  occasioned  tothe  owners  of  lands,  by  reason  of  taking  the 


NEW    HAMPSHIRE.  627 

same  for  the  use  of  railroad  corporations,  that  have  been  or  hereafter 
may  be  estabHshed,  under  the  authority  of  this  State,  whenever  any 
land  shall  be  taken  as  aforesaid,  it  shall  be  lawful  for  the  owners 
thereof,  or  for  the  corporation  to  apply,  by  petition,  to  the  court  of 
common  pleas,  within  and  for  the  county  in  which  said  lands  may 
be  situated,  to  settle  the  damages  occasioned  by  reason  of  taking 
the  same ;  whereupon  it  shall  be  the  duty  of  said  court  to  appoint 
a  committee  in  the  same  manner  as  they  shall  be  authorized  by 
law,  at  the  time  the  application  shall  be  made,  to  appoint  a  com- 
mittee for  laying  out  highways,  with  instructions  to  examine  the 
lands  taken  as  aforesaid,  hear  the  parties  in  interest,  assess  the  dam- 
ages, and  report  their  doings  to  said  court,  at  the  next  succeeding 
term  thereof.  And  it  shall  be  the  duty  of  said  committee,  upon 
the  receipt  of  the  commission  of  their  said  appointment,  to  appoint 
a  time  and  place  of  meeting  for  commencing  the  examination  of 
such  lands,  and  hearing  the  parties,  of  which  time  and  place  notice 
shall  be  given  by  said  committee  to  the  owners  of  land  taken,  in 
the  same  way  and  manner,  as  notice  shall  at  the  time  of  said  pro- 
ceeding, be  required  by  law  to  be  given  to  land  owners,  by  com- 
mittees appointed  to  lay  out  highways. 

Sect.  2.  That  at  the  time  and  place  appointed  as  aforesaid,  or 
at  an  adjournment  of  the  same,  the  said  committee  shall  proceed 
to  commence  the  examination  aforesaid,  and  to  hear  the  parties  ; 
and  shall  assess  the  damages  occasioned  to  each  owner  of  land,  by 
reason  of  taking  the  same,  in  manner  aforesaid,  and  make  their 
report  under  the  hands  of  a  majority  of  said  committee,  containing 
the  names  of  the  several  owners,  a  description  of  the  lands  of  each 
taken,  the  amount  of  damages  awarded  to  each  owner,  to  the  said 
court,  next  to  be  holden  in  and  for  the  county  in  which  said  lands 
may  be  situated  ;  which  report,  if  accepted  by  said  court,  with  the 
express  consent  of  all  the  parties  in  interest,  shall  be  final.  Pro- 
vided Itoicever^  That  in  case  any  one  of  said  committee  shall  refuse, 
be  interested,  or  unable  to  attend,  it  shall  be  lawful  for  the  other 
two  to  proceed  and  act  in  the  same  manner  as  if  all  were  present; 
and  provided  further,  that  no  such  application  shall  be  sustained, 
unless  made  within  three  years  from  the  time  such  lands  shall  have 
been  taken  as  aforesaid. 

Sect.  3.  That  either  party  who  may  be  aggrieved  or  in  any  wise 
dissatisfied  with  tiie  estimate  made  by  the  committee,  as  aforesaid, 
may  have  a  jury  to  determine  the  matter  of  his  complaint,  on 
application  therefor,   by  petition,  in  writing,  to  the  said  court, 


628         GENERAL  LAWS  CONCERNING  RAILROADS. 

unless  he  should  agree  with  the  parties,  adversely  interested,  to 
have  the  same  determined  by  a  committee  to  be  appointed  under 
the  direction  of  the  court,  such  application  for  a  jury  may  be  made 
at  the  same  term  of  said  court,  at  which  the  said  report  of  the  said 
road  committee  shall  have  been  returned  and  acted  upon,  or  at  the 
next  regular  term  of  said  court  thereafter  ;  and  no  such  applica- 
tion shall  afterwards  be  received  by  said  court.  The  report  of  the 
said  road  committee  shall  be  permitted  to  go  to  the  jury  as  evi- 
dence to  be  supported  and  rebutted  by  other  legal  testimony. 

Sect,  4.  That  if  two  or  more  persons  shall  apply  at  the  same 
time  for  joint  or  several  damages,  they  may  join  in  the  same  peti- 
tion to  the  court ;  and  if  several  apphcations  shall  be  pending  at 
the  same  time,  before  the  court  for  a  jury  to  determine  the  dam- 
ages, the  court  shall  cause  all  such  applications  to  be  considered 
and  determined  by  the  same  jury,  and  the  costs  shall  be  taxed 
either  jointly  or  severally,  as  the  court  shall  determine  to  be  equi- 
table. 

Sect.  5.  That  no  petition  to  the  court  for  a  jury,  shall  abate  or 
be  defeated,  by  reason  of  the  death  of  the  petitioner,  but  the  exe- 
cutor or  administrator,  or  the  heirs  or  devisees  (if  they  shall  be  the 
persons  interested)  may  appear  and  prosecute  such  petition,  or  pre- 
sent a  new  petition,  in  the  same  manner  and  with  the  same  effect 
as  the  original  party  might  have  done  if  living.  And  if,  upon  the 
death  of  one  or  more  of  several  petitioners  for  a  jury,  the  executors 
or  administrators,  heirs,  or  devisees  of  such  petitioners,  after  due 
notice  that  such  petition  is  pending,  shall  neglect  to  appear  or  to 
prosecute,  the  surviving  petitioners  may  proceed  in  the  same  man- 
ner as  if  they  only  had  made  application  for  such  jury. 

Sect.  6.  That  the  jurors  shall  view  the  premises  whenever  the 
court  deem  it  expedient  to  send  them  out  for  that  purpose. 

Sect.  7.  That  when  application  for  a  jury  shall  be  made  to  the 
Court  to  estimate  the  damages  for  land  taken  as  aforesaid,  the 
court  shall,  if  requested  by  the  owners  thereof,  require  the  said 
railroad  company  to  give  security,  to  the  satisfaction  of  said  court, 
for  the  payment  of  such  damages  as  shall  have  been  assessed  by 
said  road  committee,  or  as  probably  may  be  assessed  by  the  jury, 
for  the  land  taken  as  aforesaid ;  and  all  the  right  or  authority  of 
said  corporations  to  enter  upon  or  use  said  land,  except  for  making 
surveys,  shall  be  suspended  until  they  shall  give  such  security. 

Sect.  8.  That  after  the  said  road  committee  shall  have  made 
their  estimate,  as  aforesaid,  the  said  railroad  corporations  may  ten- 


NEW   HAMPSHIRE.  629 

der  to  the  said  owner  or  owners  of  land,  the  damages  so  estimated, 
in  full  satisfaction  thereof;  and  if  the  said  owner  or  owners  shall 
refuse  to  receive  the  same,  with  costs  to  be  taxed  to  that  period, 
and  shall  apply  for  a  jury  as  aforesaid,  he  or  they  shall  pay  all 
such  costs  as  shall  be  caused  by  such  application,  arising  after 
such  tender,  unless,  upon  the  final  hearing,  he  or  they  shall  recover 
a  greater  amount  of  damages  than  the  sum  tendered  ;  and  if  the 
said  corporation  shall  apply  for  a  jury,  and  upon  a  final  hearing, 
the  damages  as  estimated  by  the  said  road  committee  shall  not  be 
reduced,  the  said  corporation  shall  pay  all  the  costs  occasioned  by 
such  application. 

Sect.  9.  That  each  of  said  road  committee  shall  be  allowed  the 
sum  of  two  dollars  for  each  day  actually  and  necessarily  spent  in 
such  service,  and  five  cents  per  mile  travel  to  and  from  the  place 
of  examination,  and  a  reasonable  compensation  for  notifying  the 
parties  ;  to  be  paid  in  all  cases  by  said  corporations,  and  all  such 
other  just  and  legal  costs  as  shall  be  allowed  by  said  court. 

Sect.  10.  That  this  Act  shall  apply  to  all  railroad  corporations 
that  have  been  or  hereafter  may  be  created  under  the  authority  of 
this  State;  and  that  all  Acts  and  parts  of  Acts  inconsistent  with 
the  foregoing  provisions ;  also  all  the  parts  and  portions  of  the  fol- 
lowing Acts,  to  wit :  "  An  Act  entitled  an  Act  to  incorporate  the 
Concord  Railroad  Corporation,  approved  June  27,  1835" — also, 
"  An  Act  entitled  an  Act  to  incorporate  the  Keene  Railroad  Com- 
pany, approved  June  27,  1835"  —  also,  "An  Act  entitled  an  Act 
to  incorporate  the  Boston  and  Maine  Railroad,  approved  June  27, 
1835  "  —  also,  "  An  Act  entitled  an  Act  to  incorporate  the  Nashua 
and  Lowell  Railroad  Corporation,  approved  June  23,  1835"  — 
also,  "  An  Act  entitled  an  Act  to  incorporate  the  Eastern  Railroad 
in  New  Hampshire,  approved  Jime  18,  1836" — which  authorize 
and  empower  said  corporations  to  take  and  hold  as  much  land, 
(other  than  the  six  rods  wide  the  whole  length  of  the  said  roads) 
as  may  be  necessary  for  stone  and  gravel  for  embankments,  cut- 
tings, walls,  bridges,  and  abutments,  for  the  proper  construction  of 
said  railroads,  without  the  consent  of  the  owner  or  owners  thereof, 
except  so  far  as  said  parts  and  portions  of  said  Acts  authorize  said 
corporations  to  take  such  lands,  over  six  rods  in  width,  as  shall  be 
necessary  for  suitably  constructing  embankments  and  excavations, 
and  building  bridges  ;  in  which  cases  said  corporations  may  take  so 
much  land  as  may  be  necessary  for  those  purposes,  not  exceeding 
four  rods  in  width,  in  addition  to  said  six  rods,  and  not  for  any 

53* 


630  GENERAL  LAWS  CONCERNING  RAILROADS. 

purpose  of  procuring  gravel,  stone,  or  any  other  materials,  — also, 
all  such  parts  of  said  Acts  as  provide  for  estimating  the  damages 
to  the  owner  or  owners  of  lands  and  materials  taken  by  said  cor- 
porations, in  manner  aforesaid,  and  for  the  purpose  aforesaid,  and 
also  the  whole  of  an  Act  entitled  "  An  Act  to  provide  a  more 
cheap  and  expeditious  mode  of  assessing  damages  for  lands  and 
materials  taken  by  railroad  corporations,  approved  June  16,  1836" 
—  be  and  the  same  are  hereby  repealed.  Approved^  January  13, 
1837. 

Laws  of  1840,  Chap.  498. 
Am  Act  relating  to  Hailroad  and  other  Corporations. 

Sect.  1.  Be  it  enacted^  ^'c.  That  the  Act  entitled  "  An  Act  pro- 
viding for  the  assessment  of  damages  for  land  taken  for  railroad 
corporations,"  approved  January  13,  1837,  and  the  Act  entitled 
"  An  Act  to  provide  a  more  cheap  and  expeditious  mode  of  assess- 
ing damages  for  lands  or  materials  taken  by  railroad  corpora- 
tions," approved  June  16th,  1836,  be,  and  the  same  hereby  are 
repealed  :  Provided^  that  this  Act  shall  not  extend  to  any  railroad 
which  may  have  been  completed  prior  to  the  passage  of  this  Act; 
and  provided  furt}iei\  that  "  if  any  railroad  may  have  been  com- 
menced, and  not  completed  prior  to  the  passage  of  this  Act,  it  shall 
be  lawful  for  the  corporation  to  proceed  in  the  construction  of  the 
railroad  agreeably  to  the  provisions  of  the  Acts  hereby  repealed, 
provided  said  corporation  shall  first  pay,  or  cause  to  be  paid  to  the 
owners  of  land  all  damages  assessed  agreeably  to  the  provisions  of 
said  Acts;  and  no  lands  shall  be  taken,  used,  or  occupied,  except 
to  survey  the  same,  till  the  damages  so  assessed  shall  be  paid  to 
the  owners  thereof. 

Sect.  2.  That  the  Act  entitled  "  An  Act  to  authorize  the  town 
of  Concord  to  purchase  and  hold  stock  in  the  Concord  Railroad 
Corporation,"  approved  January  14,  1838,  be  and  the  same  is 
hereby  repealed. 

Sect.  3.  That  from  and  after  the  passage  of  this  Act,  it  shall 
not  be  lawful  for  any  corporation  to  take,  use,  or  occupy  any  lands 
without  the  consent  of  the  owner  thereof,  unless  the  construction 
of  the  works  contemplated  in  the  Act  of  incorporation,  shall  have 
been  commenced  prior  to  the  passage  of  this  Act. 

Sect.  4.  That  it  shall  be  the  duty  of  every  railroad  corporation, 


NEW  HAMPSHIRE.  631 

to  erect,  or  cause  to  be  erected,  and  keep,  or  cause  to  be  kept,  in 
good  and  sufficient  repair,  a  proper  and  sufficient  fence  on  each 
side  of  the  track,  through  the  whole  extent  of  the  route  ;  and  should 
any  railroad  corporation  fail  to  make  and  keep  in  repair  any  fence 
as  aforesaid,  any  person  may  apply  to  the  superior  court  for  an 
injunction  to  stop  the  cars  upon  said  railroad,  till  said  fence  be 
made,  or  repaired,  as  aforesaid ;  and  said  court  is  hereby  autho- 
rized to  issue  the  same. 

Provided,  That  the  provisions  last  aforesaid,  shall  not  extend 
to  cases  where  such  corporations  have  already  settled  with  and 
paid  said  owner  or  owners,  for  building  and  maintaining  such 
fences. 

Provided  further,  That  said  corporations  shall  be  responsible 
for  the  maintenance  and  repairs  of  such  fences,  and  may  maintain 
any  proper  action  to  recover  the  expense  thereof,  of  such  person  or 
persons  who  may  have  contracted  with  such  corporations  to  erect 
and  maintain  such  fences,  upon  their  neglect  or  refusal  so  to  do. 

Sect.  5.  That  all  Acts  and  parts  of  Acts  inconsistent  with  this 
Act,  be  and  the  same  are  hereby  repealed.  Ajtj^roved,  June  20, 
1840. 

Laws  of  1840,  Chap.  561. 
An  Act  to  render  Raili'oad  Corporations  liable  for  damages  by  fire  or  steam. 

Be  it  enacted,  6fc.  That  every  railroad  corporation  or  company 
now  established,  or  which  may  hereafter  be  established  within  the 
limits  of  this  State,  shall  be  deemed  and  held  liable  to  pay  fully 
for  all  damages  which  shall  hereafter  accrue  to  any  person  or  prop- 
erty within  the  same,  by  reason  of  fire  or  steam  from  any  locomo- 
ive  or  other  engine,  used,  or  to  be  used  upon  said  roads  respect- 
ively, for  purposes  of  transportation  or  otherwise  :  Provided,  how- 
ever, that  the  said  railroad  corporations  are  hereby  empowered  to 
effect  insurance  upon  any  property  situate  upon  the  line  of  said 
railroads  belonging  to  individuals,  and  exposed  to  damage  as  afore- 
said, for  their  own  safety  and  benefit,  and  in  case  of  loss  as  afore- 
said, shall  be  entitled  to  all  the  benefits  of  such  insurance,  any  law, 
usage,  or  custom  to  the  contrary  notwithstanding.  Ajfproved, 
December  10,  1840. 


632  GENERAL    LAAVS    CONCERNING  RAILROADS. 

Laws  of  1840,  Chap.  563. 

An  Act  in  addition  to  and  explanatory  of  an  Act  relating  to  Railroad  and  other  Cor- 
porations, passed  June  20,  1840. 

Whereas  the  Concord  Railroad  Corporation,  prior  to  the  passage 
of  the  Act  aforesaid,  had  caused  large  smns  of  money  to  be  raised 
by  assessment  on  the  capital  stock  of  said  corporation^  had  pro- 
cured a  survey  of  their  route  to  be  made,  and  filed  a  location  of 
the  same  in  the  office  of  the  secretary  of  state,  and  had  done  all 
other  acts  and  things  required  by  their  charter,  with  a  view  to  a 
construction  of  said  road,  and  whereas  doubts  have  arisen  whether 
these  are  such  a  commencement  of  the  road  as  was  intended  in  the 
Act  passed  as  aforesaid:  therefore 

Sect.  1.  Be  it  enacted^  tJT.  That  said  acts  and  doings  of  said 
corporation  shall  be  considered  a  commencement  of  said  road 
under  their  charter,  within  the  meaning  and  intention  of  said  Act 
of  June  20,  1840,  of  which  this  is  explanatory  :  Provided^  That 
where,  on  account  of  land  being  owned  by  corporations  or  by  indi- 
viduals without  the  government,  or  for  other  cause,  the  propri- 
etors of  said  railroad  shall  be  unable  to  agree  upon  a  purchase  of 
land,  in  all  such  cases  it  shall  be  the  duty  of  said  railroad  corpora- 
tion to  apply  forthwith  to  the  court  within  the  county  where  the 
lands  are  situated,  to  cause  the  same  to  be  appraised,  and  said 
court  shall  cause  said  corporation  to  file  at  once  good  and  sufficient 
security,  in  specie  or  otherwise,  equal  to  double  the  value  of  said 
land,  and  all  damage  that  may  accrue  to  the  owner  of  the  same, 
and  in  default  of  furnishing  such  security,  agreeably  to  the  order 
of  said  court,  the  said  court  shall  issue  an  injunction  against  any 
further  proceedings  of  said  corporation,  and  said  corporation  shall 
be  liable  in  treble  damages  for  all  injury  they  may  have  occasioned 
to  the  same. 

Sect.  2.  That  all  Acts  and  parts  of  Acts  inconsistent  with  this 
Act,  be  and  the  same  are  hereby  repealed.  Approved,  December 
23,  1840. 

Laws  of  1840,  Chap.  584. 
An  Act  relating  to  Railroad  Corporations. 

Sect.  1.  Be  it  enacted,  c^'c.  That  from  and  after  the  fifteenth 
day  of  March,  A.  D.  1841,  it  shall  be  lawful  for  the  owner  or  own- 


NEW    HAMPSHIRE.  633 

ers  of  any  land  taken  by  any  railroad  corporation  in  the  construc- 
tion of  their  railroad,  when  such  land  owner  shall  not  have  been 
fully  compensated  for  the  same,  on  or  before  the  fifteenth  day  of 
March,  1841,  to  remove  the  rails  from  said  railroad,  fence  up  the 
land,  and  take  and  retain  possession  of  the  same  until  entire  satis- 
faction is  made  to  the  owner  or  owners  of  the  land  thus  taken  : 
Provided,  however,  that  said  land  owner  or  owners  shall  first 
notify,  in  writing,  the  clerk  of  said  corporation  of  his  or  her  inten- 
tion of  fencing  up  such  land,  and  removing  the  rails  therefrom, 
at  least  fifteen  days  prior  to  doing  the  same  ;  and  jirovided 
farther^  that  if  any  railroad  corporation,  who  shall  have  taken 
from  any  individual,  his  or  her  land  for  the  construction  of  such 
railroad,  shall,  on  or  before  the  said  fifteenth  day  of  March,  pro- 
cure, at  the  expense  of  said  corporation,  the  appointment  of  a  com- 
mittee by  the  justices  of  the  court  of  common  pleas,  in  the  county 
where  such  railroad  is  located,  to  award  the  damages  to  the  land 
owner  or  owners  for  land  thus  taken,  and  shall  tender  to  such  land 
owner  or  owners  the  amount  of  damages  awarded  by  said  com- 
mittee, on  or  before  said  fifteenth  day  of  March,  then  this  Act  shall 
be  null  and  void,  otherwise  it  shall  remain  in  full  force. 

Sect.  2.  That  it  shall  be  the  duty  of  the  clerk  of  any  railroad 
corporation,  which  railroad  corporation  shall  have  taken  from  any 
individual  his  or  her  land  in  the  construction  of  such  railroad,  and 
for  which  land  such  land  owner  or  owners  shall  not  have  received 
full  and  ample  compensation,  to  notify  such  land  owner  or  owners 
of  their  intention  to  make  application  to  the  justices  of  said  court 
for  the  appointment  of  a  committee  to  award  their  respective  dam- 
ages ;  and  the  land  owner  or  owners  may  in  all  cases  employ  coun- 
sel, who  shall  be  paid  by  the  party  applying  for  the  appointment 
of  such  committee. 

Sect.  3.  That  if  any  owner  or  owners  of  land  thus  taken  shall 
refuse,  upon  tender  being  made  to  them  of  the  amount  of  damages 
awarded  by  the  committee,  to  receive  the  same,  then  such  railroad 
corporation  may  continue  to  use  said  land,  and  the  party  refusing 
to  accept  ihe  award  may  have  his  remedy  as  is  now  provided  by 
law.     Approved,  December  23,  1840. 

La"ws  of  1841,  Chap.  612. 

An    Act    relating    to   Railroads. 

Sect.  1.  Be  it  eyiacted,  4»c.  That  from  and  after  passing  this 
Act,  the  several  towns  in  this  State  through  which  any  railroad 


634  GENERAL    LAAVS    CONCERNING    RAILROADS. 

passes  be,  and  they  are  hereby  empowered,  at  any  legal  town 
meetUig,  to  direct  that,  at  any  place  in  such  town  where  such  rail- 
road shall  intersect  or  cross  any  highway,  such  place  of  crossing 
or  intersection  shall  be  either  secured  by  a  bridge  over  said  rail- 
road, or  by  the  erection  of  gates  on  both  sides  of  said  highway, 
as  the  town  may  by  their  vote  direct;  and  if,  after  due  notice  has 
been  given  of  the  vote  of  said  town  to  the  clerk  of  said  railroad 
company,  they,  the  said  railroad  company  shall  neglect,  for  the 
space  of  six  months,  to  erect  and  complete  to  the  satisfaction  of 
the  selectmen  of  said  town,  such  bridges  or  gates  according  to  the 
vote  of  said  town,  then  the  selectmen  of  said  town  shall  order  or 
cause  to  be  removed  the  rails  from  the  railroad,  where  it  crosses 
the  said  public  highway,  and  no  engines  or  cars  shall  be  permitted 
to  run  across  said  highway,  until  the  vote  of  said  town  shall  be 
complied  with. 

Sect,  2.  That  all  acts  or  parts  of  acts  which  relate  to  rail- 
roads crossing  public  highways,  or  which  are  in  any  way  incon- 
sistent with  the  provisions  of  this  Act,  be,  and  the  same  are 
hereby  repealed.  Provided^  however^  that  any  action  or  process 
commenced  under  any  former  Acts  may  be  prosecuted  to  final 
judgment  the  same  as  though  this  Act  had  not  been  passed.  Ap- 
proved, Jidy  3j  1841. 

La^ws  of  1841,  Chap.  5. 
An  Act  relating  to  Railroads. 

Sect.  1.  Be  it  enacted,  S^^c.  That  it  shall  be  lawful  for  any  rail- 
road corporation  to  establish  in  their  by-laws  such  day  for  their 
annual  meetings  as  they  shall  think  most  convenient,  any  thing  in 
their  respective  charters  to  the  contrary  notwithstanding. 

Sect.  2.  That  any  railroad  corporation  may  contract  with  any 
other  railroad  corporation,  for  the  transporting  of  passengers  and 
freight,  and  the  conducting  of  the  business  on  their  road. 

Sect.  3.  That  the  several  railroad  corporations  in  this  State, 
where  the  authority  is  not  already  given  them,  may  purchase,  hold 
and  convey  real  estate,  near  to  or  adjoining  their  respective  roads, 
to  any  amount,  not  exceeding  five  per  cent,  on  their  capital  stock. 

Sect.  4.  That  any  clause  or  clauses  in  the  charter  of  any  rail- 
road corporation  in  this  State,  whereby  the  duration  of  such  charter 
is  limited  to  any  specified  number  of  years,  be  and  the  same  are 


NEW  HAMPSHIRE.  635 

hereby  repealed.  Provided,  however,  That  the  legislature  may  at 
any  time,  alter,  amend,  or  repeal  the  charters  of  all  railroad  corpo- 
rations whose  duration  was  limited  as  aforesaid  whenever  in  the 
opinion  of  the  legislature  the  public  good  shall  require  it.  ^p- 
proved,  Jidy  3,  1841. 

Revised  Statutes,  Chap.  39. 

Sect.  4.  Every  railroad  corporation  shall  pay  to  the  treasurer  of 
the  State  on  or  before  the  second  Wednesday  of  June  annually,  one 
per  cent,  on  the  value,  on  the  first  day  of  January  preceding,  of 
that  part  of  its  capital  stock  expended  within  this  State,  to  be 
determined  by  the  certificate  of  the  justices  of  the  superior  court. 

Sect.  5.  The  treasurer  of  said  State  shall  assign  and  distribute 
in  the  month  of  June  annually  all  sums  so  received  by  him,  in  the 
following  manner : 

1st.  To  the  several  towns  m  which  any  railroad  maybe  located, 
one  fourth  of  said  one  per  cent,  paid  by  said  railroad  corporation ; 
each  town  to  receive  in  proportion  to  the  capital  stock  expended 
therein  for  buildings  and  the  right  of  way : 

2d.  To  the  several  towns  in  this  State  in  which  stock  in  any  rail- 
road shall  have  been  owned  on  the  first  day  of  the  April  next  pre- 
ceding, three  fourths  of  the  one  per  cent,  paid  by  said  corporation 
on  the  stock  owned  in  such  town,  upon  receiving  from  the  select- 
men thereof  satisfactory  evidence  that  the  same  was  owned  in  said 
town  on  said  first  day  of  April ;  said  three  fourths  of  one  percent, 
to  be  by  the  selectmen  of  the  town  receiving  the  same,  appropri- 
ated in  just  proportions  to  the  several  purposes  for  which  taxes  are 
assessed  upon  the  polls  and  estates  of  such  stockholders  within 
such  town  : 

3d.  The  remainder  for  the  use  of  the  State. 

Sect.  6.  It  shall  be  the  duty  of  the  agent  of  every  such  railroad 
corporation  to  transmit  to  the  treasurer  of  the  State,  on  or  before 
the  first  day  of  June  annually,  a  certified  statement  of  the  number 
of  shares  in  such  corporation  owned  in  each  town  in  this  State  on 
the  first  day  of  April  annually,  and  by  whom  owned,  and  such 
other  information  as  may  be  required  to  carry  out  the  provisions 
of  this  and  the  two  preceding  sections. 


636  GENERAL   LAWS    CONCERNING   RAILROADS. 

Revised  Statutes,  Chap.  142. 
Of  Hailroad  Corporations. 

Sect.  1.  No  railroad  corporation  shall  take  any  land  for  the 
use  of  such  corporation,  without  the  consent  of  the  owner  thereof. 

Sect.  2.  When  the  lands  of  any  infant  or  other  person  under 
guardianship,  shall  be  necessary  for  the  construction  of  any  rail- 
road in  this  State,  the  guardian  of  such  infant  or  other  person  may 
sell  and  convey  such  land  or  any  right  therein,  so  far  as  the  same 
may  be  necessary,  to  the  corporation  for  whose  use  such  land  may 
be  required  for  such  railroad,  with  the  approbation  and  license  of 
the  judge  of  probate  for  the  county  in  which  such  guardianship  is 
instituted,  and  not  otherwise. 

Sect.  3.  Any  railroad  corporation  may  purchase  and  hold  real 
estate  lying  near  to  or  adjoining  such  road,  and  may  convey  the 
same,  to  an  amount  not  exceeding  five  per  cent,  of  its  capital  stock. 

Sect.  4.  If  any  railroad  shall  intersect  or  cross  any  highway  in 
any  town  in  this  State,  such  town  may  at  any  legal  tov/n  meeting 
direct  that  such  place  of  crossing  or  intersection  shall  be  secured 
by  a  bridge  over  said  road,  or  by  the  erection  of  gates  on  both 
sides  of  said  highway,  as  the  town  may  think  expedient. 

Sect.  5.  If  after  due  notice  given  of  such  vote  to  the  clerk  of 
such  railroad  corporation,  such  corporation  shall  neglect  for  the 
space  of  six  months  to  erect  and  complete,  to  the  satisfaction  of  the 
selectmen  of  such  town,  such  bridge  or  gates  according  to  the  vote 
of  the  town  as  aforesaid,  the  selectmen  may  remove  or  cause  to  be 
removed  the  rails  from  such  railroad  where  it  crosses  such  public 
highway,  and  no  engine  or  car  shall  be  permitted  to  run  across 
such  highway,  until  the  vote  of  the  town  shall  be  complied  with. 

Sect.  6.  If  any  railroad  corporation  shall  neglect  to  keep  a  suffi- 
cient and  lawful  fence  on  each  side  of  their  road,  any  person  against 
whose  land  such  fence  is  insufficient,  may  notify  the  agent  of  such 
corporation  thereof,  and  if  such  fence  shall  not  be  made  sufficient 
within  twenty  days  after  such  notice,  the  owner  of  such  land  may 
make  or  repair  such  fence,  and  may  thereupon  recover  of  said  cor- 
poration in  an  action  of  assumpsit,  double  the  amount  necessarily 
expended  in  making  or  repairing  the  same  as  aforesaid  ;  provided^ 
however.,  that  the  foregoing  provisions  of  this  section  shall  not  ap- 
ply to  any  case,  where  such  corporation  shall  have  settled  with 


NEW    HAMPSHIRE.  637 

and  paid  the  owner  of  such  land  for  building  and  maintaining 
such  fence. 

Sect,  7.  If  any  person  having  been  thus  settled  with  and  paid 
for  keeping  any  such  fence  in  repair,  shall  neglect  so  to  do,  such 
railroad  corporation  may  make  such  repairs  and  recover  the  neces- 
sary expense  thereof  of  the  person  liable. 

Sect.  S.  Every  railroad  corporation  shall  be  liable  for  all 
damages  which  shall  accrue  to  any  person  or  property  within  this 
State,  by  fire  or  steam  from  any  locomotive  or  other  engine  on  such 
road. 

Sect.  9.  Every  such  corporation  shall  have  an  insurable  interest 
in  all  property  situated  on  the  line  of  such  road,  and  exposed  to 
damage  as  aforesaid,  and  may  effect  insurance  thereon  for  the 
benefit  of  such  corporation. 

Sect.  10.  Any  railroad  corporation  may  contract  with  any  other 
railroad  corporation,  for  the  transportation  of  freight  or  passengers, 
and  the  conducting  of  all  business  connected  therewith  on  their 
road. 

Revised  Statutes,  Chap.  146. 
General  provisions  respecting  Corporations. 

Sect.  1.  In  addition  to  the  liabilities  of  incorporated  compa- 
nies in  their  corporate  capacity,  the  stockholders  of  any  such 
company  having  for  its  object  a  dividend  of  profits  among  its 
stockholders,  which  shall  hereafter  be  incorporated  or  have  its 
charter  renewed,  and  the  stockholders  of  any  such  company 
heretofore  incorporated,  whose  charter  is  by  law  subject  to  altera- 
tion, amendment  or  repeal,  shall  be  personally  holden  to  pay  the 
debts  and  civil  liabilities  of  such  company  hereafter  contracted  or 
incurred,  in  the  same  manner  and  to  the  same  extent  as  though  the 
stock  were  owned,  and  the  business  transacted  by  the  stockholders 
as  unincorporated  copartners,  subject  however  to  the  exceptions 
and  modifications  hereinafter  provided  for. 

Sect.  2.  Proper  actions  of  debt  or  assumpsit,  for  the  collection 
of  such  debts  or  habilities,  may  be  commenced  and  prosecuted 
against  any  one  or  more  of  said  stockholders,  and  such  actions 
shall  not  be  abated  for  the  reason  that  the  other  stockholders  are 
not  joined  as  defendants  in  such  suits. 

Sect.  3.  No  suit  against  any  stockholder,  for  the  collection  of 
54 


638         GENERAL  LAWS  CONCERNING  RAILROADS. 

any  such  debt  or  liability,  shall  be  commenced  until  after  a  legal 
demand  of  payment  thereof  shall  have  been  made  upon  the  com- 
pany ;  and  upon  such  demand  being  made,  if  the  officers  or  stock- 
holders of  such  company  shall  discharge  such  debt  or  liability,  or 
expose  unincumbered  personal  property  of  such  company,  liable  to 
attachment,  sufficient  to  satisfy  such  debt  or  liability  and  costs,  so 
that  the  same  may  be  attached  in  a  suit  against  such  company  for 
the  security  of  such  debt  or  liability,  then  no  suit  shall  be  sus- 
tained thereon  against  the  stockholders:  and  whenever  the  officers 
or  stockholders  of  any  such  company  upon  which  such  demand 
shall  have  been  made,  shall  not  satisfy  such  debt  or  liability  or 
expose  such  property  as  aforesaid,  it  shall  be  the  duty  of  such 
officers  forthwith  to  call  a  meeting  of  the  stockholders  of  such  com- 
pany, and  such  company  when  so  met  shall  provide  means  for  the 
payment  of  such  debt  or  liability,  either  by  assessments  upon  the 
stockholders  or  otherwise,  within  sixty  days  from  the  time  when 
such  demand  was  made  ;  and  if  such  debt  or  liability  shall  not  be 
discharged  within  said  sixty  days,  a  suit  may  be  sustained  against 
the  stockholders  as  is  provided  in  the  preceding  section  :  and  if  the 
officer  or  officers  whose  duty  it  may  be  to  call  such  meeting,  shall 
unreasonably  neglect  to  call  the  same,  they  shall  severally  forfeit 
the  sum  of  one  thousand  dollars,  to  be  recovered  in  an  action  of 
debt  by  any  person  injured  thereby. 

Sect.  4.  When  any  action  shall  be  commenced  against  the  stock- 
holders of  any  bank,  for  recovering  the  amount  of  any  bank  bills 
issued  by  such  bank,  a  declaration  may  be  so  framed  as  to  embrace 
in  the  same  count  any  number  of  such  bills  ;  and  averments  that 
such  bills  issued  from  and  were  put  in  circulation  by  such  bank, 
and  that  the  plaintiff  was,  prior  to  and  at  the  time  of  the  demands 
of  payment  above  required,  and  still  is  the  holder  of  the  same,  and 
a  general  statement  of  the  denominations  of  such  bills,  giving  the 
number  of  bills  of  each  denomination,  shall  be  a  sufficient  setting 
forth  in  the  declaration  of  the  liability  of  the  bank  to  pay  or 
redeem  such  bills,  and  a  sufficient  description  of  the  bills;  and  one 
suit  only  shall  be  commenced  by  any  person  against  any  stock- 
holder, for  recovering  the  amount  of  all  the  bills  holden  by  him 
at  the  time  of  commencing  any  such  suit ;  and  the  stockholders  so 
sued  m.ay  be  described  in  the  writ  or  declaration  as  stockholders  of 
such  bank,  and  by  their  names  and  places  of  residence,  which 
shall  be  sufficient  without  any  further  description  or  addition 
whatever. 


NEW  HAMPSHIRE.  639 

Sect.  5.  When  any  stockholder  of  such  company  shall  have 
voluntarily  paid  any  such  debt  or  liability,  after  such  demands,  or 
when  any  such  stockholder  shall  have  been  compelled  by  suit  to 
pay  any  such  debt  or  liability  out  of  his  own  private  property,  he 
may  have  contribution  from  the  other  stockholders  of  such  com- 
pany for  all  payments  so  made  by  him,  either  by  action  for  money 
paid,  laid  out  and  expended,  or  by  a  bill  in  equity  at  his  election. 

Sect.  6.  Every  such  company  hereafter  created,  within  five  days 
from  the  time  when  it  shall  be  organized  for  business,  shall  cause 
to  be  delivered  to  the  town  clerk  of  the  town  in  which  the  com- 
pany has  its  principal  place  of  business,  or  left  at  his  dwelling 
house  a  list  of  the  names  and  places  of  residence  of  all  its  stock- 
holders, the  number  of  shares  owned  by  each,  and  the  amount  of 
capital  actually  paid  in,  in  cash,  by  each  stockholder,  certified 
under  oath  by  the  cashier,  clerk  or  one  of  the  directors  of  the  com- 
pany to  be  a  full  and  correct  list  thereof. 

Sect.  7.  From  and  after  the  time  in  which  such  list  is  required 
to  be  so  left,  no  sale,  transfer  or  assignment  by  any  stockholder  of 
his  stock,  shares  or  interest  in  the  capital  of  such  company,  shall 
be  good  and  effectual  for  the  purpose  of  exonerating  him  from  his 
personal  responsibility,  for  the  debts  and  liabilities  of  such  com- 
pany afterwards  contracted  or  incurred,  unless  the  same  be  in 
writing  and  recorded  in  the  oflice  of  the  town  clerk  of  the  town  in 
which  such  principal  place  of  business  is  located. 

Sect.  8.  It  shall  be  the  duty  of  every  such  town  clerk  to  record 
and  keep  on  file  all  such  lists,  and  to  record  all  deeds  and  instru- 
ments of  sale,  transfer  and  assignment  of  such  stock,  shares  or 
interest,  which  may  come  to  his  hand  for  that  purpose,  for  which 
service  he  shall  be  entitled  to  receive  from  the  person  or  corpora- 
tion requiring  the  service  to  be  performed,  the  same  fees  allowed 
by  law  for  recording  mortgages  of  personal  property. 

Sect.  9,  The  record  made  as  aforesaid  of  any  such  list,  deed,  or 
instrument,  or  a  copy  thereof  certified  by  the  town  clerk  of  the 
town  in  which  the  same  is  recorded,  shall  be  evidence  in  any  action 
brought  by  the  creditors  of  any  such  company  against  its  stock- 
holders, agreeably  to  the  provisions  of  this  chapter. 

Sect.  10.  If  any  such  company  shall  neglect  to  deliver  or  cause 
to  be  delivered  or  left  as  aforesaid,  the  list  or  lists  aforesaid,  the 
company  so  neglecting  shall  forfeit  for  each  day  it  shall  so  neglect, 
the  sum  of  ten  dollars,  to  be  recovered  by  any  person  who  will 
sue  for  the  same. 


640         GENERAL  LAWS  CONCERNING  RAILROADS. 

Sect.  11.  If  any  corporation  other  than  a  town  shall  fail  to  hold 
its  annual  meeting,  or  if  no  mode  of  calling  a  special  meeting  of  such 
body  politic  or  corporate  is  prescribed,  the  owner  or  owners  of  one 
twentieth  part  of  the  stock  or  property  thereof  may  apply  in  writ- 
ing to  any  justice  of  the  peace,  which  application  shall  state  the 
time,  place  and  purposes  of  such  meeting,  to  call  a  meeting  of  the 
members  of  said  corporation. 

Sect.  12.  Such  justice  shall  thereupon  issue  his  warrant  directed 
to  any  one  of  said  applicants,  requiring  him  to  warn  a  meeting  of 
such  corporation,  to  meet  at  the  time  and  place  and  for  the  pur- 
poses mentioned  in  such  application,  by  publishing  a  copy  of  such 
application  and  warrant  fourteen  days,  in  the  same  manner  as  is 
provided  for  warning  the  annual  meeting  of  said  corporation,  and 
such  meeting  and  all  business  done  thereat,  shall  be  as  valid  as  if 
held  and  done  according  to  the  charter  and  by-laws  of  such  body 
corporate. 

Sect.  13.  No  person  shall  be  eligible- to  the  office  of  clerk  or 
cashier  of  any  corporation,  unless  he  is  an  inhabitant  of  this  State, 
and  every  such  clerk  or  cashier  shall  be  sworn  to  the  faithful  dis- 
charge of  his  duties. 

Sect.  14.  The  directors  of  any  banking  or  railroad  company 
shall  not  be  less  than  five  in  number,  and  no  cashier  of  any  bank 
shall  at  the  same  time  be  a  director  thereof. 

Sect.  15.  The  books  of  records  of  the  votes  and  proceedings  of 
any  corporation  in  this  State,  including  the  books  of  the  credits 
and  debts  of  any  bank  and  of  the  proceedings  of  the  directors 
thereof,  and  also  all  evidences  of  debts  due  such  bank,  shall  be 
subject  to  the  inspection  of  every  member  or  stockholder. 

Sect.  16.  The  clerk  of  any  corporation,  when  required  by  any 
member  or  stockholder,  or  any  creditor  thereof  whose  demand  is 
due  on  payment  or  tender  of  the  fees  therefor,  shall  furnish  a  cer- 
tified copy  of  any  vote  or  record  of  such  corporation  which  may  be 
demanded. 

Sect.  17.  The  fees  for  all  copies  furnished  as  aforesaid,  shall  be 
the  same  as  are  allowed  to  clerks  of  courts  for  making  and  certify- 
ing copies  of  records. 

Sect.  18.  The  stockholders  of  any  bank,  at  any  legal  meeting 
for  that  purpose,  may  give  to  any  person  the  right  of  inspecting 
the  books  of  the  debts  and  credits,  or  of  the  proceedings  of  the 
directors  of  such  bank,  and  of  demanding  copies  thereof. 

Sect.  19.  If  any  clerk  of  any  corporation  after  a  demand  of  a 


NEW  HAMPSHIRE.  641 

copy  of  any  record  aforesaid,  and  the  payment  or  tender  of  the 
fees  therefor,  shall  neglect  or  refuse  for  the  space  of  seven  days  to 
furnish  such  copy,  he  shall  forfeit  for  such  offence  a  sum  not  ex- 
ceeding one  thousand  dollars,  to  any  member,  stockholder  or  cred- 
itor who  shall  have  demanded  such  copy. 

Sect.  20.  No  member  of  any  corporation  in  this  State  shall  vote 
at  any  meeting  thereof  by  proxy  ;  and  each  member  present  at  any 
such  meeting  may  give  one  vote  for  every  share  of  which  he  is  the 
bona  fide  and  absolute  owner,  not  exceeding  ten,  and  one  vote  for 
every  two  shares  of  which  he  is  such  owner,  over  ten  and  not 
exceeding  twenty,  and  no  more. 

Sect.  21.  If  any  person  shall  fraudulently  vote  upon  any  share 
of  which  he  is  not  the  bona  fide  and  absolute  owner,  or  shall 
fraudulently  procure  or  receive  the  transfer  of  any  share  for  the 
purpose  of  voting  thereon,  he  shall  be  punished  by  imprisonment 
not  exceeding  one  year,  or  by  fine  not  less  than  five  hundred  dol- 
lars, or  by  both  ;  but  any  person  holding  stock  in  any  corporation 
as  executor,  adminstrator,  guardian  or  trustee,  shall  represent  the 
shares  or  stock  in  his  hands  at  all  meetings  of  the  corporation,  and 
may  vote  as  stockholder,  and  any  person  who  shall  have  pledged 
his  stock  as  collateral  security,  may  represent  the  same  at  such 
meetings,  and  may  vote  as  a  stockholder. 

Sect.  22.  No  person  holding  stock  as  executor,  administrator, 
guardian  or  trustee  as  aforesaid,  and  no  person  holding  such  stock 
as  collateral  security,  shall  be  personally  subject  to  any  liabilities 
as  a  stockholder  of  such  corporation  ;  but  the  person  pledging  such 
stock  shall  be  liable  as  a  stockholder,  and  the  estate  and  funds  in 
the  hands  of  such  executor,  administrator,  guardian,  or  trustee, 
shall  be  liable  in  his  hands  in  like  manner,  and  to  the  same  extent, 
as  the  deceased  testator  or  intestate,  or  the  ward  or  the  person 
interested  in  such  trust  fund,  would  have  been  if  he  had  been 
living  and  competent  to  act,  and  had  held  the  same  stock  in  his 
own  name. 

Sect.  23.  Any  corporation  whose  powers  may  expire  by  express 
limitation  or  otherwise,  on  any  day,  may  continue  to  be  a  body  cor- 
porate for  the  space  of  three  years  thereafter,  for  the  purpose  of 
prosecuting  and  defending  suits,  of  receiving,  holding,  conveying, 
or  transferring  any  estate  real  or  personal,  and  of  gradually  closing 
and  settling  the  concerns  and  dividing  the  capital  stock  of  such 
body  corporate,  but  not  for  continuing  the  business  for  which  such 
corporation  was  established. 

54* 


642  GENERAL  LAWS  CONCERNING  RAILROADS. 

Sect.  24.  Any  corporation  may,  at  any  annual  meeting  thereof, 
alter  the  time  of  holding  its  annual  meeting. 

Sect.  25.  Any  president,  director,  or  cashier  of  any  bank,  or  any 
director,  trustee,  or  agent  of  any  other  corporation  who  shall  wil- 
fully or  fraudulently  violate  any  of  the  provisions  of  this  chapter, 
or  of  either  of  the  preceding  chapters  of  this  title,  shall  upon  con- 
viction thereof  be  punished  by  confinement  to  hard  labor  not  ex- 
ceeding five  years ;  or  by  fine  not  exceeding  five  thousand  dollars, 
for  each  and  every  violation  thereof,  one  half  to  the  use  of  the 
prosecutor  and  the  remainder  to  the  use  of  the  State. 

Sect.  26.  The  legislature  may  alter,  amend,  or  repeal  the  charter 
of  any  corporation  or  any  law  relating  to  corporations,  whenever  in 
their  opinion  the  public  good  shall  require  the  same ;  but  such  alter- 
ation, amendment,  or  repeal  shall  not  take  away  or  impair  any 
remedy  given  against  such  corporation,  its  members  or  officers,  for 
any  liability  which  shall  have  been  previously  incurred. 

Sect.  27.  The  provisions  of  this  chapter  shall  not  take  effect, 
until  after  the  expiration  of  six  calendar  months  from  the  day  of 
its  approval  by  the  governor. 

Revised  Statutes,  Chap.  183. 
Of  the  service  of  writs. 

Sect.  9.  Any  writ  or  process  against  any  other  corporation  or 
body  politic,  may  be  served  by  leaving  an  attested  copy  thereof 
with  the  clerk,  treasurer,  or  one  of  the  directors,  and  in  case  of 
their  absence  from  the  State,  with  any  principal  member  thereof, 
or  with  the  agent,  overseer  or  person  having  the  care  and  control 
of  the  corporate  property  or  part  thereof,  or  leaving  the  same  at 
the  usual  place  of  abode  of  either  of  them. 

Revised  Statttes,  Chap.  215. 
Of  Offences  against  Property. 

Sect.  3.  If  any  person  shall  wilfully  and  maliciously  place  any 
obstruction  on  the  track  of  any  railroad,  or  remove  any  rail  there- 
from, or  in  any  way  injure  such  railroad,  or  do  any  other  thing 
thereto  whereby  the  life  of  any  person  may  be  endangered,  he 
shall  be  punished    by  solitary  imprisonment  not  exceeding  six 


NEW  HAMPSHIRE.  643 

months,  and  by  confinement  to  hard  labor  for  hfe  or  for  a  term  not 
less  than  two  years. 

Laws  op  1843,  Chap.  34. 

An  Act  in  addition  to  and  in  amendment  of  the  Revised  Statutes  of  the  State  of 

New  Hampshire. 

Sect.  9.  Be  it  enacted,  ^'c.  That  all  corporations  heretofore 
incorporated,  having  for  their  object  a  dividend  of  profits  among 
their  stockholders,  whose  charters  are  bylaw  subject  to  alteration, 
amendment,  or  repeal,  shall  within  thirty  days  after  this  and  the 
succeeding  section  shall  take  efiect,  cause  to  be  delivered  to  the 
town  clerk  of  the  town  in  which  the  company  has  its  principal 
place  of  business,  or  left  at  his  dwelling-house,  such  lists  as  are 
mentioned  in  the  sixth  section  of  chapter  one  hundred  and  forty- 
six  of  the  Revised  Statutes ;  and  such  corporations,  their  stock- 
holders and  stock  shall  be  subject  to  all  the  provisions  of  said 
chapter  relating  to  similar  corporations  hereafter  to  be  created, 
their  stockholders  and  stock  respectively.     R.  S.  ch.  146,  sec.  6. 

Sect.  10.  For  the  purpose  of  filing  and  recording  the  lists,  and 
recording  the  transfers  and  assignments  mentioned  in  the  sixth  and 
seventh  sections  of  chapter  one  hundred  and  forty-six,  the  princi- 
pal places  of  business  of  the  railroad  corporations  now  existing, 
shall  be  taken  to  be  as  follows,  namely  :  Concord,  of  the  Concord  ; 
Portsmouth,  of  the  Eastern;  Dover,  of  the  Boston  and  Maine; 
and  Nashville,  of  the  Nashua  and  Lowell  Railroads ;  and  the 
principal  place  of  business  of  any  bridge  corporation,  shall  be 
taken  to  be  in  the  town  in  which  its  toll-house  is  located,  if  such 
toll-house  be  located  in  this  State ;  otherwise  in  the  town  in  this 
State  in  which  the  bridge  or  such  part  thereof  as  lies  in  this  State, 
is  located.     R.  S.  ch.  146,  sees.  6  4*  7. 

Sect.  11.  The  two  preceding  sections  shall  take  efiect  on  the  first 
day  of  August  next.     Approved,  Jidij  1,  1843. 

Laws  of  1844,  Chap.  128. 

An  Act  to  render  Railroad  Corporations  public  in  certain  cases,  and  constituting  a 

Board  of  Railroad  Commissioners. 

Sect.  1.  Be  it  enacted,  ^'c.  That  there  shall  be  appointed  in  the 
month  of  December,  A.  D.,  1844,  by  the  governor,  with  advice  of 


644         GENERAL  LAWS  CONCERNING  RAILROADS. 

the  council,  a  board  of  railroad  commissioners,  consisting  of  three. 
The  office  of  the  one  first  appointed,  shall  be  vacated  at  the  end  of 
one  year  from  the  second  Wednesday  of  June,  A.  D.  1845 ;  of  the 
second,  at  the  end  of  two  years  from  the  second  Wednesday  of 
June,  1845  ;  and  of  the  third,  at  the  end  of  three  years  from  the 
second  Wednesday  of  June,  1845 ;  and  at  the  expiration  of  the 
term  of  each  of  said  officers,  successors  shall  be  appointed  in  the 
manner  above  prescribed,  for  the  term  of  three  years  from  the  time 
of  their  appointment,  respectively,  and  so  on  in  the  same  manner 
thenceforward,  so  that  one  shall  be  appointed  during  the  June 
session  of  the  legislature  of  every  year,  to  hold  their  offices  each 
for  the  term  of  three  years,  or  until  others  are  duly  appointed  in 
their  stead,  who  shall  be  commissioned  by  the  governor,  and  sworn 
to  the  faithful  performance  of  the  duties  of  their  offices,  in  the 
same  way  and  manner  as  justices  of  the  peace  are  now  sworn,  and 
whose  duties  shall  be  as  hereinafter  prescribed. 

Sect.  2.  Said  commissioners  shall  be  removable  by  the  gov- 
ernor and  council,  for  good  cause  shown,  and  all  vacancies  in  the 
board  shall  be  filled  by  the  governor  and  council. 

Sect.  3.  All  railroad  corporations,  which  now  are  or  shall  here- 
after be  chartered  by  the  authority  of  this  State,  and  which  shall 
be  unable  to  purchase  the  lands  for  their  roads  of  the  owners  on 
their  respective  routes,  at  rates  to  be  agreed  upon  by  the  parties, 
are  hereby  made  and  declared  to  be  public  corporations :  provided, 
they  adopt  the  provisions  in  this  Act  contained,  as  a  part  of  their 
charters,  which  adoption  shall  be  by  vote  of  the  corporation  at  a 
meeting  duly  held  for  that  purpose,  and  by  filing  in  the  office  of 
the  secretary  of  state  a  duly  authenticated  copy  of  the  record  of 
such  vote  of  adoption,  to  be  by  him  published,  at  the  expense  of 
the  corporation,  in  the  same  manner  as  the  laws  of  the  State  are 
now  published. 

Sect.  4.  Any  such  corporation,  having  adopted  the  provisions 
of  this  Act  as  aforesaid,  may  by  petition,  authorized  by  vote  of 
the  corporation,  signed  by  their  president  and  clerk,  apply  to  said 
board  of  commissioners,  who  shall  thereupon  proceed  to  make 
such  a  survey  of  the  route  proposed  by  the  corporation  so  apply- 
ing, as  they  shall  deem  necessary,  with  the  assistance  of  an  engin- 
eer, to  be  by  them  selected,  if  in  their  opinion  the  same  shall  be 
necessary,  which  route  shall  be  within  the  limits  prescribed  and 
authorized  by  the  charter  of  said  corporation ;  and  if  after  due 
hearing  of  the  petitioners  and  of  such  persons  as  shall  object  to  the 


NEW  HAMPSHIRE.  645 

laying  out  of  the  proposed  railroad,  notice  of  the  time  and  place  of 
hearing  being  first  published  in  the  New  Hampshire  Patriot  and 
State  Gazette,  two  weeks  successively,  the  last  publication  to  be 
at  least  two  weeks  before  the  day  of  hearing,  which  shall  be  legal 
notice  to  all  parties  concerned,  the  opinion  of  said  commissioners, 
or  a  majority  of  them,  be  that  the  public  good  would  not  be  pro- 
moted by  the  laying  out  of  such  road,  the  commissioners  shall 
proceed  no  further  in  the  matter,  unless  an  appeal  be  taken  as  is 
provided  in  the  seventh  section  of  this  Act ;  but  if  their  opinion 
be  that  the  public  good  would  be  promoted  by  the  laying  out  of  the 
proposed  road,  the  commissioners  shall,  as  seasonably  as  may  be, 
make  report  of  such  decision,  containing  a  description  of  the  road 
laid  out,  to  the  governor  and  council,  which  report  shall  be  filed  in 
the  office  of  the  secretary  of  state ;  and  the  governor,  with  advice 
of  the  council,  at  their  next  session  after  such  report  shall  be  so 
filed,  shall  proceed  to  consider  the  same,  and  shall  decide  whether 
in  their  opinion  the  public  good  would  be  promoted  by  the  laying 
out  of  said  road ;  which  decision  shall  be  immediately  commun- 
icated by  the  governor,  by  written  order,  to  the  railroad  com- 
missioners ;  and  the  commissioners,  if  said  decision  is  adverse  to 
the  laying  out  of  the  proposed  road,  shall  proceed  no  further  in  the 
matter. 

Sect.  5.  If  the  decision  of  the  governor  and  council  is  favor- 
able to  the  laying  out  of  the  proposed  road,  the  commissioners 
shall,  on  written  application  of  the  corporation,  proceed  to  lay  out 
said  road  so  surveyed,  and,  in  conjunction  with  the  road  commis- 
sioners in  the  several  counties  where  such  lands  may  lie,  shall 
assess  the  damages  sustained  by  the  owners  of  land,  in  the  same 
way  and  manner  as  road  commissioners  in  the  several  counties  are 
now  by  law  required  to  do ;  and  the  same  right  of  appeal  to  the 
court  of  common  pleas  in  the  county  where  such  lands  may  lie,  to 
be  proceeded  with  in  the  same  way  and  manner,  is  hereby  secured 
to  the  land  owners,  as  is  provided  in  section  eight  of  chapter  fifty- 
one  of  the  Revised  Statutes  :  jwovkled^  that  the  corporation  may 
at  any  time,  if  any  unexpected  difficulty  occurs,  propose  such 
variations  of  the  original  route  so  surveyed  as  to  them  may  seem 
necessary,  and  apply  by  petition  to  the  railroad  commissioners, 
who  shall  examine  the  proposed  variations  of  the  route,  and  if 
they  deem  expedient,  lay  out  such  proposed  variations,  and  assess 
the  damages  in  the  same  way  and  manner  above  provided,  and  the 
same  proceedings  may  be  had  relative  thereto  as  in  the  case  of  the 
original  route. 


646         GENERAL  LAWS  CONCERNING  RAILROADS. 

Sect.  6.  Said  commissioners  shall,  as  soon  as  they  reasonably 
may,  make  a  report  of  all  their  proceedings,  containing  a  particular 
description  of  the  railroad  route  laid  out,  and  their  assessment  of 
the  damages  awarded  to  the  several  land  owners,  in  the  same  way 
and  manner  as  county  road  commissioners  are  required  to  do,  in 
chapter  fifty-one  of  the  Revised  Statutes,  except  that  such  report 
shall  be  made  to  the  governor  and  council,  and  shall  be  filed  in 
the  oflice  of  the  secretary  of  state,  and  by  him  recorded  in  a  book 
kept  for  that  purpose  :  provided^  that  such  damages  be  paid  to  the 
land  owners  only  in  case  of  entry  on  the  route  to  construct  said 
road,  and  no  land  so  appraised  shall  be  entered  upon  for  the 
construction  of  the  road,  until  the  damages  assessed  as  aforesaid, 
are  paid  or  tendered  to  those  entitled  to  the  same,  or  to  their  legal 
representatives,  by  the  railroad  commissioners  in  behalf  of  the 
State,  in  the  same  way  and  manner  as  is  required  in  case  of 
highways  made  by  towns,  and  said  commissioners  shall  draw  on 
the  State  treasurer,  by  their  order,  for  the  sums  necessary  for  that 
purpose. 

Sect.  7,  If  in  any  case  after  the  survey  made,  the  decision  of 
the  commissioners  shall  be  adverse  to  the  laying  out  of  the  pro- 
posed railroad,  and  the  corporation  shall  be  dissatisfied  therewith, 
they  may,  through  their  president  or  agent,  appeal  by  petition 
'to  the  governor,  who,  with  advice  of  council,  shall  proceed  to 
consider  the  matter,  and  if  necessary,  give  hearing  to  the  parties 
interested;  and  if,  in  the  opinion  of  the  executive,  the  public 
good  would  be  promoted  thereby,  shall  issue  an  order,  directing 
the  laying  out  of  the  proposed  railroad,  to  the  railroad  commis- 
sioners, who  shall  thereupon  proceed  to  lay  out  said  road,  and  do 
all  other  things  as  in  other  cases  of  roads  by  said  commissioners 
laid  out. 

Sect.  8.  The  governor  and  council,  whenever  said  road  is  laid 
out  as  aforesaid,  shall,  on  written  application  of  said  corporation 
therefor,  by  indenture  of  lease,  under  seal  of  the  State,  signed  by 
the  governor  and  certified  by  the  seqretary  of  state,  lease  and 
guaranty  to  said  corporation  for  a  term  not  less  than  one  hundred 
years,  nor  more  than  two  hundred  years,  the  right  to  construct  a 
railroad  over  said  route,  for  the  public  use  and  benefit,  with  the 
right  of  user  in  the  same  to  pass  and  repass  with  their  locomotives, 
cars,  and  vehicles  of  transportation  thereon,  and  for  other  usual 
and  necessary  purposes  of  a  railroad,  in  the  same  way  and  man- 
ner as  they  would  be  allowed  to  do  by  their  charter  of  incorpora- 


NEW    HAMPSHIRE.  647 

tion  before  granted,  which  charter  shall  remain  in  force,  except  so 
far  as  the  same  shall  be  changed  and  modified  by  the  provisions 
and  restrictions  in  this  Act  contained  :  provided^  that  at  the  expi- 
ration of  said  term,  the  right  so  leased  shall  revert  to  the  State ; 
and  such  lease  may  be  renewed  in  the  same  way  and  manner  as 
above  specified,  subject  to  the  restrictions  incident  to  the  lease 
before  granted,  or  to  such  other  restrictions  as  may  be  prescribed 
by  the  legislature  at  the  time  of  such  renewal :  provided^  further, 
that  if,  at  the  expiration  of  any  such  term,  the  State  shall  decline, 
to  renew  by  lease  the  right  of  said  corporation,  in  such  road,  they 
shall  make  to  said  corporation  due  compensation  therefor ;  and  an 
attested  copy  of  every  such  indenture  of  lease  shall  be  recorded  by 
the  secretary  of  state  in  the  council  record. 

Sect.  9.  Such  corporation  shall,  after  the  execution  of  the  lease 
aforesaid,  and  before  the  delivery  of  the  same,  deposit  with  the 
state  treasurer  for  the  time  being,  who  is  hereby  made  an  agent 
for  that  purpose,  a  sum  equal  to  the  whole  amount  of  damages 
assessed  as  aforesaid,  for  the  land  over  which  said  road  shall  pass : 
provided,  that  if  the  title  of  any  land  so  taken  by  the  State  shall 
fail,  so  that  a  re-appraisal  of  the  same  becomes  necessary,  the  cor- 
poration shall  pay  the  damage  and  expense  thereof. 

Sect.  10.  The  State  may,  at  any  time  after  twenty  years,  re- 
sume the  right  and  privilege  of  the  corporation  in  such  railroad, 
on  giving  one  year's  notice  and  paying  to  the  corporation  all  it 
may  not  have  received  of  its  expenditures,  and  interest  on  such 
expenditures,  at  the  rate  of  ten  per  cent,  per  annum. 

Sect.  11.  Such  corporations  shall  keep  exact  accounts  of  all 
their  receipts  and  expenditures,  and  make  annual  reports  thereof 
to  the  railroad  commissioners,  who  shall  annually  communicate 
the  same  to  the  legislature,  and  in  any  and  every  year  when  their 
net  receipts  shall  be  found  to  exceed  the  average  of  ten  per  cent, 
on  their  expenditures,  from  the  commencement  of  their  operations, 
the  excess  shall  be  paid  into  the  treasury  of  the  State,  until  other- 
wise directed  by  the  legislature. 

Sect.  12.  Such  corporation  shall,  in  time  of  war,  insurrection, 
or  invasion,  carry  and  transport  soldiers,  munitions  of  war  belong- 
ing to  the  State,  upon  its  road,  when  by  the  State  or  their  author- 
ized agents  thereto  required,  free  of  charge,  and  all  other  property 
belonging  to  the  State,  at  such  rates  as  the  governor  and  council 
shall  impose,  if  the  parties  do  not  agree,  and  shall  carry  and  trans- 
port soldiers,  munitions  of  war  and  all  other  property  belonging  to 


648         GENERAL  LAWS  CONCERNING  RAILROADS. 

the  United  States,  and  the  mails  of  the  United  States,  when  by 
the  United  States  or  their  authorized  agents  thereto  required,  at 
such  rates  and  on  such  conditions  as  the  governor  and  council  of 
this  State  shall  allow  and  impose,  in  case  the  United  States  and 
such  corporation  cannot  agree  upon  the  same,  and  the  United 
States  shall  consent  to  submit  the  matter  to  the  decision  of  the 
governor  and  council  as  aforesaid. 

Sect.  13.  The  rates  of  toll  for  freight  of  passengers  and  mer- 
chandise, when  the  net  income  of  the  stock  shall  exceed  ten  per 
cent.,  shall  be  subject  to  alteration  and  revision  by  the  legislature, 
according  as  they  shall  deem  just  and  expedient. 

Sect.  14,  All  directors,  stockholders,  and  officers  of  said  corpo- 
ration, except  when  engaged  in  the  immediate  management  of  the 
cars,  and  repair  and  care  of  the  road,  and  excepting  also  the 
superintendents,  shall  be  subject  and  held  to  pay  the  same  rates  of 
toll  for  passenger  fare  and  freight,  as  other  individuals  are  held  to  pay. 

Sect.  15.  Such  corporations,  whenever  thereto  required  by  the 
legislature,  shall  permit  all  persons  to  run  locomotives  and  cars  on 
their  road,  or  may  be  required  by  the  legislature  to  draw  the  cars 
of  such  persons  with  the  engines  of  the  corporation  on  said  road, 
subject  to  such  tolls,  rules,  and  regulations  as  the  legislature  may 
from  time  to  time  prescribe,  having  due  regard  to  the  income  of 
the  said  road,  as  heretofore  specified,  as  well  as  the  convenience, 
safety,  and  welfare  of  all  concerned  :  and  provided,  that  when 
cars  and  engines  are  placed  by  others  on  the  road,  such  others 
shall  be  liable  to  pay  all  damages  arising  from  their  own  default 
or  neglect. 

Sect.  16.  Such  corporation  shall  not  discontinue  its  road,  nor 
neglect  to  keep  the  same  in  good  repair,  nor  omit  to  discharge  its 
duties  in  carrying  passengers,  merchandise,  or  other  freight  with- 
out the  consent  of  the  legislature,  and  shall  in  all  things  conform 
to  the  provisions  of  this  statute ;  and  in  default  thereof,  shall  be 
liable  to  indictment  and  fine  in  the  county  where  such  want  of 
repair  occurs,  or  in  case  of  any  violation  of  the  laws,  rules,  and 
regulations  above  named,  in  any  county  in  which  the  road  or  any 
part  thereof  may  be  situated. 

Sect.  17.  All  railroad  corporations  in  this  State  which  have 
been  heretofore  or  shall  hereafter  be  incorporated,  shall  keep  a  full 
record  of  all  their  doings  and  submit  all  their  records,  papers,  and 
files  to  the  inspection  of  the  legislature,  its  committees  or  railroad 
commissioners,  when  thereto  by  them  required. 


NEW  HAMPSHIRE.  649 

Sect.  18.  It  shall  be  the  duty  of  one  of  said  oommissioners, 
once  at  least  in  each  year,  without  previous  notice  to  the  corpora- 
tion, and  as  much  oftener  as  the  governor  may  require,  to  make 
personally,  a  full  examination  into  the  condition  of  each  railroad 
corporation  in  the  State,  and  the  management  of  its  affairs,  to 
inspect  so  far  as  may  be  practicable,  all  books,  papers,  notes, 
records,  bonds,  and  other  evidences  of  debt,  and  all  property,  deeds, 
and  bills  of  sale  of  property  of  said  corporations,  to  ascertain 
whether  they  shall  have  faithfully  and  fully  observed  and  per- 
formed all  their  liabilities  and  obligations  to  the  State  and  to  indi- 
viduals, and  whether  they  have  violated  any  of  the  provisions  of 
their  charters,  or  of  any  law  relating  to  railroad  corporations,  and 
report  the  condition  of  each  railroad  to  the  governor,  as  soon  as 
may  be  after  such  examination,  which  reports  shall  be  by  the 
governor  communicated  to  the  legislature  at  their  next  annual 
session,  after  the  same  shall  be  so  made  to  him. 

Sect.  19.  Any  railroad  commissioner  may  examine,  under  oath, 
all  the  officers,  agents,  or  servants  of  any  railroad  corporation,  or 
any  other  person,  in  relation  to  the  affairs  and  condition  of  such 
corporation,  and  may  administer  such  oath  personally. 

Sect.  20.  Such  commissioners  shall  receive  for  their  services 
under  this  Act,  at  the  rate  of  ten  cents  per  mile  each  way  for 
necessary  travel,  and  three  dollars  for  each  day  necessarily  em- 
ployed in  such  services,  including  expenses,  the  same  to  be  paid 
by  the  corporations,  on  whose  petition  they  shall  make  surveys,  or 
into  the  examination  of  whose  affairs  they  shall  be  employed, 
respectively,  excluding  the  time  of  travelling  to  and  from  the  place 
of  survey  or  examination,  and  all  expenses  of  any  survey  and 
assessments  of  damages,  as  aforesaid,  shall  be  paid  by  the  corpo- 
ration, on  whose  petition  the  same  shall  be  made:  j^rovided.  that 
no  one  shall  be  appointed  to  the  office  of  railroad  commissioner, 
who  shall  be  a  stockholder,  officer,  or  interested  in  any  railroad 
corporation  whatever,  and  in  case  any  one  appointed  to  said  office 
shall  become  such  stockholder,  officer,  or  so  interested,  he  shall 
immediately  thereon  cease  to  hold  said  ofiice. 

Sect.  21.  All  Acts,  and  parts  of  Acts,  inconsistent  with  the  pro- 
visions of  this  Act,  are  hereby  repealed. 

Sect.  22.  This  Act  shall  take  effect  immediately  after  its  pas- 
sage.    Approved^  December  25,  1844. 

55 


650         GENERAL  LAWS  CONCERNING  RAILROADS. 

Laws  of  1844,  Chap.  14L 
An  Act  in  amendment  of  chapter  thirty-nine  of  the  Eevised  Statutes. 

Be  it  enacted,  tj-c.  That  all  real  estate  owned  by  any  railroad 
corporation,  except  such  as  is  used  for  their  road  and  other  ordin- 
ary and  usual  purposes  of  the  corporation,  and  all  real  estate 
owned  or  occupied  by  such  corporation,  for  their  road,  for  which 
they  have  not  expended  any  part  of  their  capital  stock,  in  such  a 
manner  as  that  the  several  tov/ns  through  which  such  roads  pass 
receive  one  fourth  of  one  per  cent.,  according  to  the  provisions  of 
chapter  thirty-nine  of  the  Revised  Statutes,  shall  be  appraised  and 
taxed  in  the  several  towns  where  the  same  may  be  located,  in  the 
same  way  as  is  by  law  provided  for  appraising  and  taxing  real 
estate.     Ajiproved,  December  27,  1844. 

Laws  of  1845,  Chap.  227. 

An  Act  in  addition  to,  and  explanatory  of,  an  Act  entitled  "  An  Act  to  render  rail- 
road corporations  public  in  certain  cases,  and  establishing  a  board  of  railroad  com- 
missioners." 

Sect.  1.  Beit  enacted,  c^'c.  When  any  route  for  a  railroad  shall  have 
received  the  sanction  of  the  railroad  commissioners  and  the  appro- 
val of  the  governor  and  council,  it  shall  be  lawful  for  the  commis- 
sioners, on  application  to  them  for  that  purpose  by  the  corporation, 
to  lay  out  the  same  at  different  and  successive  times,  in  such  parts 
as  shall  be  deemed  by  such  commissioners  conducive  to  the  inter- 
ests of  all  concerned,  and  in  conjunction  with  the  county  road 
commissioners  of  the  county  or  counties,  in  which  such  part  of  the 
road  so  laid  out  at  any  time  shall  lie,  to  assess  the  damages  to  the 
land  owners  on  such  part  of  said  route ;  and  when  such  corpora- 
tion shall  have  complied  with  all  the  requirements  of  law  in  rela- 
tion to  such  portion  of  the  route  so  laid  out,  a  lease  shall  be  granted 
of  such  portion,  in  the  same  manner  as  is  provided  by  lav/  for  the 
whole  route  when  laid  entire. 

Sect.  2.  When  a  portion  of  a  route  has  been  laid  and  damages 
assessed,  as  provided  in  the  preceding  section,  the  notices  to  the 
land  owners  and  selectmen,  signed  by  the  chairman  of  the  railroad 
commissioners,  setting  forth  the  time  and  place  of  commencing 
such  laying  out,  and  the  extent  of  route  to  be  laid,  and  being  in 


NEW    HAMPSHIRE.  651 

Other  respects  conformable  to  the  Act  to  which  this  is  in  addition, 
shall  be  sufficient  to  all  land  owners  on  so  much  of  the  route  as 
shall  be  therein  described. 

Sect.  3.  Releases  from  land  owners  of  the  damages  awarded  to 
them,  filed  with  the  state  treasurer,  shall  be  received  by  him,  instead 
of  the  money  required  to  be  deposited  on  account  of  such  land  own- 
ers, and  the  corporation  shall  be  only  required  to  deposit,  from  time 
to  time,  with  the  treasurer,  the  damages  awarded  to  land  owners 
on  so  much  of  the  route  as  shall  have  been  laid  out  aforesaid,  for 
which  releases  shall  not  be  filed  as  aforesaid. 

Sect.  4.  The  corporation  shall  not  enter  on  any  land  to  con- 
struct a  railroad  thereon,  until  the  damages  assessed  to  the  owner 
thereof  shall  have  been  paid  or  tendered,  except  in  the  cases  men- 
tioned in  the  second  section  of  the  fifty-second  chapter  of  the 
Revised  Statutes ;  and  no  person  shall  be  entitled  to  an  action  for 
such  damages  until  after  such  entry  shall  have  been  made  on  his 
land :  Provided,  that  in  case  an  appeal  shall  be  taken  from  the 
decision  of  the  commissioners,  the  corporation  may,  on  giving  or 
tendering  to  the  land  owner  security  to  the  satisfaction  of  the  road 
commissioners  for  the  county,  that  they  will  pay  such  damages 
and  costs  as  may  be  adjudged  against  them  in  such  appeal,  imme- 
diately enter  on  the  land,  to  construct  a  railroad  as  aforesaid. 

Sect.  5.  In  the  fourth  section  of  the  Act  to  which  this  Act  is  in 
addition,  the  words  "road  laid  out "  shall  be  taken  and  held  to 
mean  "  route  surveyed ;"  so  that  the  commissioners  in  their  report 
to  the  governor  and  council,  instead  of  describing  the  road  laid  out, 
shall  describe  the  route  surveyed. 

Sect.  6.  Whenever  any  railroad  corporation  shall  have  adopted 
the  provisions  of  the  Act  to  which  this  is  in  addition,  and  shall  for- 
ward a  notice  thereof  to  the  secretary  of  state  for  publication,  as 
required  by  said  Act,  said  corporation  shall  deposit  with  the  state 
treasurer  a  sum  sufficient  to  defray  the  expense  of  such  publica- 
tion, otherwise  the  said  secretary  shall  not  cause  such  publication 
to  be  made. 

Sect.  7.  This  Act  shall  take  effect  from  its  passage.  Approved^ 
July  3,  1845. 


652  GENERAL    LAWS    CONCERNING    RAILROADS. 

Laws  of  1846,  Chap.  321. 
An  Act  in  amendment  of  the  laws  relating  to  corporations. 

Sect.  1.  Be  it  enacted,  ^'c.  That  section  one,  of  chapter  146,  of 
the  Revised  Statutes,  be  and  the  same  is  hereby  repealed. 

Sect.  2.  All  corporations,  having  for  their  object  a  dividend  of 
profits  among  their  stockholders,  hereafter  incorporated,  or  whose 
charters  are  subject  by  law  to  alteration,  amendment,  or  repeal, 
shall  be  governed  by  the  provisions  and  subject  to  the  liabilities  in 
this  Act  contained;  and  the  stockholders  and  officers  thereof  shall 
be  personally  liable  for  the  debts  and  civil  liabilities  of  such  corpo- 
rations, in  the  following  cases,  and  not  otherwise : 

1st.  They  shall  jointly  and  severally  be  liable  for  all  debts  and 
contracts  of  such  corporations,  until  the  whole  amount  of  the  cap- 
ital, fixed  and  limited  by  such  corporation,  shall  have  been  paid  in, 
and  a  certificate  thereof  shall  have  been  made  and  recorded  by  the 
clerk  of  the  town  where  such  corporation  has  its  place  of  business, 
or  is  situated.  And  no  note  or  obligation  given  by  any  stock- 
holder, whether  secured  by  pledge  or  otherwise,  shall  be  consid- 
ered as  payment  of  any  part  of  the  capital  stock. 

2d.  If,  upon  the  reduction  of  the  capital  stock  of  any  corpora- 
tion, any  part  thereof  shall  be  withdrawn  and  refunded  to  the 
stockholders,  before  the  payment  of  all  the  debts  of  the  corporation, 
contracted  previously  to  the  recording  of  the  copy  of  a  vote  for  that 
purpose  in  the  office  of  the  clerk  of  the  town  in  which  said  corpo- 
ration is  located,  or  has  its  place  of  business,  such  of  the  stock- 
holders as  shall  actually  vote  for  or  receive  their  share  of  the  cap- 
ital stock  so  withdrawn  or  refunded,  shall  be  jointly  and  sever- 
ally liable  for  the  payment  of  said  last  mentioned  debts. 

3d.  Every  such  company  shall  give  notice  annually,  in  the  month 
of  May,  to  the  governor,  of  the  amount  of  all  the  assessments 
voted  by  the  company,  and  actually  paid  in ;  the  amount  of  all 
debts  due  to  and  from  said  corporation ;  and  the  value  of  all  the 
property  and  assets  of  said  corporation,  so  far  as  the  same  can  be 
ascertained,  as  existing  on  the  first  day  of  said  May  ;  which  notice 
shall  be  signed  by  the  president  and  a  majority  of  the  directors. 
And  if  any  such  corporation  shall  fail  so  to  do,  all  the  stockholders 
of  said  corporation  shall  be  jointly  and  severally  liable  for  all  the 


NEW  HAMPSHIRE.  653 

debts  of  the  corporation  then  existing,  and  for  all  that  shall  be  con- 
tracted before  and  until  such  notice  shall  be  given. 

4th.  If  the  directors  of  any  such  corporation  shall  declare  and 
pay  any  dividend  when  the  corporation  is  insolvent,  or  any  divi- 
dend the  payment  of  which  would  render  it  insolvent,  they  shall 
be  jointly  and  severally  liable  for  all  the  debts  of  the  corporation 
then  existing,  and  for  all  that  shall  be  thereafter  contracted,  so 
long  as  they  shall  respectively  continue  in  office;  provided,  that 
the  amount  for  which  they  shall  be  so  liable  shall  not  exceed  the 
amount  of  such  dividend  ;  and  that  if  any  of  the  directors  shall  be 
absent  at  the  time  of  making  such  dividend,  or  shall  object  thereto, 
and  file  their  objection  in  writing  with  the  clerk  of  the  corporation, 
who  shall  record  the  same,  they  shall  be  exempted  from  the  said 
liability. 

5th.  No  loan  of  money  shall  be  made  by  any  such  corporation, 
other  than  banks,  to  stockholders  therein ;  and  if  any  such  loan 
shall  be  made  to  a  stockholder,  the  officers  who  shall  make  it,  or 
who  shall  assent  thereto,  shall  be  jointly  and  severally  liable,  to  the 
extent  of  such  loan  and  interest,  for  all  the  debts  of  the  corporation 
contracted  before  the  payment  of  the  sum  so  loaned. 

6th.  The  whole  amount  of  the  debts  of  any  corporation  afore- 
said, other  than  banks,  shall  not  exceed  tlie  amount  of  one  half  of 
the  stock  actually  paid  in,  and  of  its  other  property  and  assets ; 
and  the  whole  amount  of  bills  in  circulation  of  any  banking  corpo- 
ration shall  not  at  any  one  time  exceed  the  capital  stock  of  such 
bank  actually  paid  in;  and  in  case  of  any  excess,  the  directors 
under  whose  administration  it  shall  happen,  shall  be  jointly  and 
severally  liable,  to  the  extent  of  such  excess,  for  all  the  debts  of 
the  corporation  then  existing,  and  for  all  that  shall  be  contracted  so 
long  as  they  shall  respectively  continue  in  office,  and  until  the 
debts  and  circulation  of  said  corporations  respectively  shall  be 
reduced  to  the  amount  herein  prescribed.  Provided,  that  any  of 
the  directors  who  shall  be  absent  at  the  time  of  the  contracting  of 
any  debt  contrary  to  the  foregoing  provisions,  or  who  shall  object 
thereto,  may  exempt  themselves  from  said  liability,  by  forthwith 
giving  notice  of  the  fact  to  the  stockholders,  at  a  meeting  which 
they  may  call  for  that  purpose. 

7th.  If  any  certificate,  return,  or  notice,  made  or  given  in  pursu- 
ance of  the  provisions  of  this  Act,  shall  be  false  in  any  material 
representation,  all  the  officers  who  shall  have  signed  the  same, 

55* 


654  GENERAL   LAWS    CONCERNING    RAILROADS. 

knowing  it  to  be  false,  shall  be  jointly  and  severally  liable  for  all 
the  debts  of  the  corporation,  contracted  while  they  were  in  office  or 
stockholders  therein. 

Sect.  3.  That  the  stockholders  of  every  banking  corporation 
hereafter  incorporated,  or  whose  charter  is  by  law  subject  to 
amendment,  alteration  or  repeal,  shall  be  severally  liable,  in  their 
individual  capacity,  for  the  payment  of  the  debts  of  the  corpora- 
tion, in  a  sum  equal  to  the  amount  of  their  stock  in  said  corpora- 
tion, and  not  otherwise ;  and  no  such  bank  shall  have  or  enjoy  any 
other  or  greater  rights,  immunities  or  privileges,  in  relation  to  the 
amount  of  bills  or  notes  which  they  may  issue,  or  have  in  circula- 
tion, to  voting  on  stock,  or  by  proxy,  or  to  any  matter  or  thing, 
than  are  enjoyed  by  other  corporations  of  a  like  nature. 

Sect.  4.  The  process  and  modes  of  proceeding  against  corpora- 
tions, their  officers  and  stockholders,  who  may  become  liable  for 
their  debts  and  civil  liabilities,  shall  be  the  same  as  are  provided 
by  chapters  one  hundred  and  forty-one,  and  one  hundred  and 
forty-six  of  the  Revised  Statutes;  and  the  remedies  of  the  officers 
and  stockholders,  who  have  incurred  such  liabilities  against  such 
corporation,  their  officers  and  stockholders,  shall  be  the  same  as 
are  provided  in  said  chapters  in  like  cases. 

Sect.  5.  Every  stockholder,  in  any  corporation  having  for  its 
object  a  dividend  of  profits,  may  give  one  vote  at  any  meeting 
thereof,  in  person,  or  by  proxy,  for  every  share  he  shall  hold  in 
such  corporation  :  provided,  that  no  one  shall  be  entitled  to  vote 
in  any  case  for  any  shares  beyond  one  eighth  of  the  whole  number  of 
shares  into  which  the  capital  stock  may  be  divided.  Authority  to 
act  as  proxy  shall  be  in  writing,  signed  by  the  proprietor,  and 
delivered,  or  a  copy  thereof,  to  tlie  clerk  of  such  corporation. 

Sect.  6.  The  legislature  may  alter  and  amend  the  charter  of 
any  corporation,  for  cause  assigned,  and,  upon  notice  to  such  cor- 
poration, affording  them  a  sufficient  opportunity  to  be  heard,  and 
not  otherwise ;  and  may  repeal  any  such  charter  for  a  violation 
thereof 

Sect.  7.  Any  Act  of  incorporation,  for  manufacturing,  or  any 
other  corporation  having  for  its  object  dividends  of  profits  among 
its  stockholders,  granted,  or  that  shall  be  granted  by  this  or  any 
future  legislature,  shall  become  null,  and  taken  to  be  wholly  void, 
at  the  expiration  of  three  years  from  and  after  the  passage  of  such 
Act,  unless  the  grantees  or  corporators  in  the  Act  named,  their 


NEW    HAMPSHIRE.  Go5 

successors  or  assigns,  shall  have  within  said  time  accepted  such 
Act  or  charter,  organized  as  a  company  under  it,  and  entered  in 
good  faith  upon  the  proper  business  of  the  corporation. 

Sect.  S.  All  Acts,  and  parts  of  Acts,  inconsistent  with  this  Act, 
are  hereby  repealed. 

Sect.  9.  This  Act  shall  take  effect  immediately  from  and  after  its 
passage.     Ajrpi'oved,  July  S,  1846. 

Laws  of  18-16,  Chap.  324. 

An  Act  allowing  any  number  of  shares  in  the  capital  stock  of  any  corporation  to  be 

inserted  in  one  certificate. 

Sect.  1.  Be  it  enacted,  ^c.  That  it  shall  be  lawful  for  any 
corporation,  in  issuing  certificates  or  evidences  of  their  stock,  to  the 
proprietors  entitled  thereto,  to  insert  any  number  of  shares  in  one 
certificate,  and  the  same  may  be  so  transferred,  any  thing  in  the 
Act  of  incorporation  to  the  contrary  notwithstanding. 

Sect.  2.  This  Act  shall  take  efiect  and  be  in  force  from  and 
after  its  passage.     Appi-oved,  July  2,  1846. 

Laws  of  1846,  Chap.  335. 

An  Act  in  amendment  of  chapter  one  hundred  and  forty-two  of  the  Revised 

Statutes. 

Sect.  1.  Be  it  enacted,  ^^c.  That  whenever  any  town  shall 
give  notice  to  any  railroad  corporation  to  secure  by  a  bridge  or 
gates  the  intersection  or  crossing  of  the  railroad  of  such  corporation 
with  a  highway,  in  pursuance  of  §  4  of  said  chapter  142  of  the 
Revised  Statutes,  said  railroad  corporation  may,  at  any  time  within 
thirty  days  after  their  clerk  is  notified  of  said  vote,  apply  by  peti- 
tion to  the  court  of  common  pleas  in  the  county  in  whicli  said  town 
is,  to  cause  said  crossing  or  intersection  to  be  examined  and  the 
direction  of  said  court  to  be  had  in  relation  to  the  order  or  require- 
ment of  said  town,  of  which  notice  shall  be  given  to  said  town  as 
in  other  cases  ;  and  thereupon  the  said  court  shall  refer  said  peti- 
tion to  the  road  commissioners  for  said  county,  who  shall  give 
notice,  hear  the  parties,  examine  said  intersection  or  crossing,  and 
make  report,  as  in  cases  of  petitions  to  said  court  for  laying  out 
highways,  and  in  said  report  shall  specify  whether  in  their  opinion 
the  bridge  or  gates  required  by  said  town,  or  what  other  security, 
if  any,  is  necessary  at  said  intersection  or  crossing. 


656  GENERAL  LAWS  CONCERNING  RAILROADS. 

Sect.  2.  Whenever  any  railroad  corporation  shall  deem  it  neces- 
sary for  the  public  security,  to  erect  bridges  or  gates  at  the  intersec- 
tions or  crossings  aforesaid,  they  may  petition  the  court  of  common 
pleas  for  authority  to  construct  the  same,  and  thereupon  the  same 
proceedings  shall  be  had  as  are  provided  for  in  the  preceding  sec- 
tion. 

Sect.  3.  If  additional  land  shall  be  necessary  in  either  of  the 
cases  aforesaid,  for  the  construction  of  said  bridges  or  gates,  the 
said  commissioners  shall  specify  the  same  in  their  report :  Pro- 
vided, hoioever,  that  the  owners  of  such  land  shall  in  all  cases  have 
notice  and  be  heard,  if  they  see  fit,  as  in  the  case  of  taking  land 
for  highways ;  and  if  said  report  shall  be  accepted,  said  corporation 
shall  have  authority  to  take  the  same  for  the  purposes  aforesaid, 
after  making  previous  payment  or  tender  to  the  owner  thereof  of 
the  damages  occasioned  by  taking  the  same,  to  be  assessed  as  here- 
inafter provided. 

Sect.  4.  In  all  cases  where  such  bridges  or  gates  shall  be  erected 
and  the  land  of  individuals  taken  therefor,  or  where  the  property 
of  individuals  shall  sustain  consequential  damages  by  reason  of 
the  construction  thereof,  or  shall  have  sustained  such  damages  by 
the  construction  or  continuance  of  such  bridges  or  gates  heretofore 
erected,  and  for  which  the  owners  have  not  been  compensated,  it 
shall  be  the  duty  of  said  road  commissioners  to  give  notice,  hear 
the  parties,  and  make  report,  as  in  the  case  of  damages  sustained 
by  laying  out  highways ;  and  said  assessment  of  damages  may  be 
made  upon  a  petition  presented  by  said  railroad  as  aforesaid,  or 
upon  a  petition  therefor  by  the  owner  of  such  property  to  the  court 
of  common  pleas  for  that  purpose. 

Sect.  5.  Whenever  the  owner  of  such  property  shall  present  to 
the  court  of  common  pleas  a  petition  for  the  assessment  of  his  dam- 
ages in  the  cases  aforesaid,  notice  thereof  shall  be  given  to  such 
corporation  at  least  thirty  days  before  the  term  of  the  court  at 
which  the  same  is  to  be  heard,  and  the  proceedings  shall  be  the 
same,  as  in  cases  where  owners  of  land  petition  said  court  for  dam- 
ages for  lands  taken  for  highways. 

Sect.  6.  Any  owner  of  land,  or  any  railroad  corporation,  dis- 
satisfied with  the  damages  assessed  in  any  of  the  cases  aforesaid, 
shall  have  the  right  to  have  the  same  assessed  by  a  jury,  as  is  pro- 
vided in  the  Sth  section  of  chapter  51  of  the  Revised  Statutes. 

Sect.  7.  The  court  of  common  pleas  may,  in  all  the  cases  afore- 
said, if  no  suflicient  objection  appears,  render  judgment  upon  the 


NEW   HAMPSHIRE.  657 

report  of  said  commissioners,  and  issue  execution  where  the  nature 
of  the  case  shall  require  it ;  and  shall  prescribe  the  time  within 
which  the  bridges  or  gates  aforesaid  shall  be  constructed  ;  and  in 
case  of  the  non-compliance  of  such  corporations  with  any  order 
made  in  pursuance  of  this  Act,  either  of  the  judges  of  the  superior 
court  may,  by  injunction,  prohibit  such  corporation  from  using 
such  railroad  imtil  the  said  order  shall  be  complied  with. 

Sect.  S.  All  Acts,  and  parts  of  Acts,  inconsistent  with  this  Act, 
are  hereby  repealed. 

Sect.  9.  This  Act  shall  take  effect  upon  the  passage  thereof. 
Approved^  July  10,  1846. 

Laws  of  1847,  Chap.  485. 

An  Act  in  addition  to  an  Act  passed  December  25,  1844,  entitled  "  An  Act  to  render 
railroad  coi-porations  public  in  certain  cases,  and  constituting  a  board  of  railroad 
commissioners." 

Sect.  1.  Be  it  enacted^  ^-c.  That  any  railroad  corporation, 
desirous  of  improving  any  part  of  its  line  by  a  variation  of  its 
location,  may  apply  by  petition  to  the  railroad  commissioners  for 
that  purpose,  and  if  said  commissioners,  after  due  examination 
had,  shall  be  of  the  opinion  that  the  public  good  would  be  pro- 
moted thereby,  they  may  lay  out  such  proposed  variation  within 
the  limits  of  the  charter  of  the  corporation,  and  assess  the  damages 
in  the  same  manner,  and  the  same  proceedings  shall  be  had  relative 
thereto,  as  in  case  of  an  original  route.  Provided,  however,  that 
if  the  land  over  which  the  variation  is  located  shall  belong  wholly 
to  the  corporation,  the  railroad  commssioners  shall  in  their  report 
estimate  the  sum  at  which  it  shall  be  valued  incase  the  Slate  shall 
resume  the  right  and  privilege  of  the  corporation  in  such  railroad, 
without  any  further  appraisal  of  damages  for  the  same. 

Sect.  2.  The  laying  out  of  such  variation  as  aforesaid,  and  the 
construction  of  a  railroad  thereon,  shall  operate  as  a  discontinuance 
of  that  part  of  the  former  route  for  which  such  variation  is  a  sub- 
stitute. 

Sect.  3.  If  the  damages,  awarded  to  land  owners  on  that  part 
of  the  route  for  which  such  variation  is  a  substitute,  shall  not  have 
been  paid  at  the  time  the  same  is  laid  out  as  aforesaid,  said  land 
owners,  upon  such  discontinuance,  shall  receive  as  daniages  only 
the  amount  of  the  actual  loss  or  damage,  to  be  appraised  by  the 
commissioners,  at  the  time  of  such  laying  out,  from  which  the 


658  GENERAL   LAWS   CONCERNING   RAILROADS. 

land  owner  may  appeal  as  in  the  case  of  an  original  appraisal  of 
damages. 

Sect.  4.  The  railroad  commissioners  shall  in  all  cases  certify 
the  damages  by  them,  separately  or  in  conjmiction  with  the  road 
commissioners,  awarded  to  the  owners  of  land  in  each  town,  to  the 
town  clerk  of  such  town,  within  ten  days  of  the  time  of  filing 
their  report  in  the  office  of  the  Secretary  of  State,  and  such  certifi- 
cate shall  be  kept  in  the  files  of  his  office  by  such  town  clerk,  who 
shall  note  thereon  the  lime  when  it  was  received ;  and  if  such 
time  be  less  than  thirty  days  prior  to  the  term  of  the  court  of 
common  pleas  next  to  be  holden  in  that  county,  any  appeal  of  such 
owner  of  land  from  such  award  may  be  entered  at  the  term  of 
said  court  next  to  be  holden  after  the  lapse  of  said  thirty  days. 

Sect.  5.  All  Acts,  and  parts  of  Acts,  inconsistent  with  the  pro- 
visions of  this  Act,  are  hereby  repealed. 

Sect.  6.  This  Act  shall  take  effect  from  its  passage.  Apjiroved, 
July  2,  1847. 

Laws  op  1847,  Chap.  486. 

An  Act  to  amend  an  Act,  entitled  "  An  Act  to  render  railroad  corporations  public 
in  certain  cases,  and  constituting  a  board  of  railroad  commissioners." 

Sect.  1.  Be  it  enacted,  tj-c.  If  any  railroad  corporation,  in  con- 
structing or  maintaining  their  railroad,  shall  in  altering  any  high- 
way, turnpike,  bridge,  or  private  way,  for  the  purpose  of  construct- 
ing their  railroad,  over,  under,  or  near  such  highway,  turnpike, 
bridge,  or  private  way,  or  for  any  other  purpose,  cause  any  incon- 
venience or  injury  to  the  lands,  buildings,  or  rights  of  any  person  or 
persons,  or  of  any  corporation,  public,  or  private,  or  shall  continue 
any  such  inconvenience  or  injury,  already  existing,  for  the  space 
of  sixty  days  after  notice  of  the  same,  in  writing,  is  given  to  some 
officer  of  such  railroad  corporation  ;  or  if  any  railroad  cor- 
poration shall,  in  constructing  or  maintaining  their  railroad, 
throw  any  obstruction  upon,  or  cause  any  obstruction  or  injury 
to,  any  highway,  bridge,  turnpike,  or  private  way;  or  permit 
any  such  obstruction  or  injury,  already  existing,  to  continue 
for  the  space  of  sixty  days  after  notice  of  the  same  has  been 
given  as  aforesaid,  in  any  such  case  the  person  or  persons,  or 
corporation,  shall  have  and  maintain  an  action  on  the  case,  and 
recover  reasonable  damages  for  the  injury  done.     Provided,  That 


KEW   HAMPSHIRE.  659 

ill  any  case  of  obstruction  or  injury  to  any  highway'',  turnpike, 
private  way,  or  bridge,  as  aforesaid,  by  any  railroad  corporation, 
such  railroad  corporation  may,  within  sixty  days  after  notice  of 
such  obstruction  or  injury,  in  writing,  given  as  aforesaid,  apply  to 
the  road  commissioners  of  the  county  in  which  such  case  may 
occur,  and  said  commissioners  shall  notify  all  interested,  and  ex- 
amine such  obstruction  or  injury ;  and  if  practicable,  lay  out  a 
substitute  for  such  highway,  turnpike,  private  way,  or  bridge,  and 
assess  damages  for  the  land  taken  to  build  such  substitute  over,  in 
the  same  way  and  manner  as  is  now  authorized  by  law  in  laying 
out  roads ;  and  if  such  railroad  company  shall  pay  for  the  land  so 
taken,  and  build  at  their  own  expense  such  substitute,  within  such 
time  and  in  such  manner  as  said  road  commissioners  shall  order 
and  direct,  and  pay  the  expenses  of  the  commissioners,  and  file  a 
written  certificate,  signed  by  said  road  commissioners,  that  said 
railroad  corporation  have  so  built  such  substitute,  and  paid  all 
expenses  as  aforesaid,  in  the  office  of  the  clerk  of  the  court  of 
common  pleas  in  said  county ;  then  no  such  action  on  the  case 
shall  be  sustained. 

Sect.  2.  This  Act  shall  take  effect  from  and  after  its  passage. 
Aj)j)roved^  July  3,  1847, 

Laws  of  1847,  Chap.  487. 

An  Act  in  addition  to,  and  in  amendment  of,  tlie  laws  of  this  State  relating  to  cor- 
porations. 

Sect.  1.  Be  it  enacted,  t^'c.  That  the  sixth  section  of  the  Act, 
entitled  "  An  Act  in  amendment  of  the  laws  relating  to  corpora- 
tions," passed  June  session,  A.  D.  1846,  be  and  the  same  is  hereby 
repealed. 

Sect.  2.  The  legislature  may  at  any  time  alter,  amend,  or  repeal 
the  charter  of  any  corporation,  whenever  in  their  opinion  the  pub- 
lic good  shall  require  such  amendment,  alteration,  or  repeal. 

Sect.  3.  All  other  Acts,  and  parts  of  Acts,  inconsistent  with  the 
provisions  of  this  Act,  are  hereby  repealed. 

Sect.  4.  This  Act  shall  take  effect  from  and  after  its  passage. 
Approved,  June  IS,  1847. 


660  GENERAL   LAWS    CONCERNING    RAILROADS. 


Laws  of  1848,  Chap.  621. 

An  Act  to  amend  the  Act  passed  25tli  December,  1844,  rendering  railroad  coi-pora- 
tions  public  in  certain  cases  and  constituting  a  board  of  railroad  commissioners. 

Sect.  1.  Be  it  enacted,  ^c.  That  whenever  damages  may  be 
assessed  for  land  taken  for  any  railroad  laid  out  by  the  railroad 
commissioners,  the  said  damages  shall  be  assessed  by  the  railroad 
commissioners  in  conjunction  with  the  selectmen  of  the  town  in 
wdiicli  such  land  may  be  situated,  in  the  same  way  and  manner 
as  is  provided  in  the  fifth  section  of  said  Act,  for  the  assessment  of 
said  damages  by  the  railroad  commissioners  in  conjunction  with 
the  road  commissioners  of  the  county. 

Sect.  2.  So  much  of  the  Act  of  which  this  is  in  amendment, 
and  all  Acts  in  addition  thereto,  as  may  be  inconsistent  with  the 
provisions  of  this  Act,  be  and  the  same  are  hereby  repealed.  Ap- 
proved^ June  23,  1S48. 

Laws  of  1848,  Chap.  709. 

An  Act  to  amend  section  tliree,  of  chapter  one  hundred  and  twenty- eight,  of  the 

Pamphlet  Laws  of  this  State. 

Sect.  1.  Be  it  enacted,  6)-c.  That  any  railroad  corporation,  that 
shall  by  vote  adopt  the  provisions  of  the  Act  to  render  raih'oad 
corporations  public  in  certain  cases  and  constituting  a  board  of 
railroad  commissioners,  shall  file  in  the  office  of  the  secretary  of 
state  a  duly  authenticated  copy  of  the  record  of  such  vote  of 
adoption,  to  be  by  him  published  at  the  expense  of  the  corpora- 
tion, in  the  New  Hampshire  Patriot  and  State  Gazette,  printed  at 
Concord,  and  in  such  other  papers  authorized  to  publish  the  laws 
of  this  State  in  the  county  or  counties  in  which  said  railroad  is 
located. 

Sect.  2.  So  much  of  section  three  of  chapter  one  hundred  and 
twenty-eight  of  the  Pamphlet  Laws  inconsistent  with  this  Act  is 
hereby  repealed. 

Sect.  3.  This  Act  shall  take  eflect  upon  its  passage.  Approved, 
December  29,  1S4S. 


NEW   HAMPSUIRE.  661 


Latvs  of  1849,  Chap.  701. 

An  Act  to  repeal  the  second  section  of  chapter  thirty-four  of  the  Pamphlet  Laws, 
relating  to  the  distribution  of  railroad  taxes. 

Sect.  1.  Be  it  enacted^  tj'c.  That  the  second  section  of  the  Act 
entitled  "  An  Act  in  addition  to  and  in  amendment  of  the  Revised 
Statutes  of  the  State  of  New  Hampshire,"  approved  July  1.  1843, 
be,  and  the  same  is  hereby  repealed. 

Sect.  2.  This  Act  shall  take  efiect  upon  its  passage.  Approved, 
January  4,  1849. 

Laws  of  1849,  Chap.  860. 
An  Act  relating  to  Railroads   and  other  Corporations. 

Sect.  1.  Be  it  enacted^  <^'c.  That  no  railroad  or  other  corpora- 
tion in  this  State,  nor  any  railroad  or  other  corporation  which  shall 
hereafter  be  created  by  this  State,  shall  sell  or  cause  to  be  sold  by 
its  agents  or  officers,  or  any  other  person,  any  portion  of  its  capi- 
tal stock,  at  a  price  less  than  the  par  value  thereof:  Provided,  how- 
ever, that  this  Act  shall  not  be  so  construed  as  to  prevent  any  such 
corporation,  which  have  organized  under  their  Act  of  incorpora- 
tion, from  selling  at  auction  any  share  or  shares  in  the  stock  of 
such  corporation,  for  neglect  of  the  owners  thereof  to  pay  the  assess- 
ments made  thereon. 

Sect.  2.  That  the  free  sale  of  shares  in  the  stock  of  any  corpo- 
ration in  this  State,  by  the  owners  thereof,  shall  not  be  in  anyway 
or  manner  restricted  by  the  by-laws  of  such  corporation,  and  all 
such  by-laws  heretofore  or  hereafter  made,  shall  be  deemed  and 
taken  to  be  absolutely  void. 

Sect.  3.  No  person  shall,  at  any  meeting  of  such  corporation, 
vote  by  proxy,  representing  more  than  one  fiftieth  of  the  whole 
number  of  shares  into  which  the  capital  stock  may  be  divided,  and 
no  proxy  shall  confer  the  right  to  vote  at  more  than  one  meeting, 
which  shall  be  named  in  such  proxy,  nor  shall  any  person  directly 
or  indirectly,  ask  for  or  solicit  of  any  stockholder  in  any  corpora- 
tion his  proxy,  for  any  other  person  to  vote  upon  at  any  meeting 
thereof. 

Sect.  4.  No  person  shall  vote  on  any  share  or  shares  in  any 
corporation,  until  all  assessments  duly  ordered  and  payable  on 

56 


662  GENERAL   LAWS   CONCERNING  RAILROADS. 

such  share  or  shares  have  been  fully  paid  :  Provided,  such  assess- 
ment has  been  ordered  four  months  prior  to  the  time  at  which 
such  vote  is  offered,  and  such  person  has  been  notified,  in  writ- 
ing, by  the  clerk,  within  ten  days  after  the  ordering  of  such 
assessment. 

Sect.  5.  Any  person  or  corporation  who  shall  violate  any  of  the 
provisions  of  this  Act,  shall  be  punished  by  fine  not  exceeding  one 
thousand  dollars. 

Sect.  6.  All  Acts,  and  parts  of  Acts,  inconsistent  with  the  pro- 
visions of  this  Act,  be  and  the  same  hereby  are  repealed.  Appi^ov- 
ed,  July  7,  1849. 


RAILROAD 


LAWS  AND  CHAETEES  OF  VERMONT, 


ARRANGED  IN  CHRONOLOGICAL  ORDER, 


•WITH  A 


SYNOPSIS  AND   EXPLANATORY  REMARKS. 


RAILROAD 


LAAYS  AND  CHAMERS  OP  VERMONT. 


THE   RUTLAND  AND    WHITEHALL    RAILROAD    COMPANY. 
INCORPORATED    IN     VERMONT    IN    1S31. 

JVb.  40  of  the  Private  Acts  q/"  1831  contains  the  Charter. 

Sect.  1  appoints  the  persons  named  a  body  corporate,  with  power  to  construct  a 
railroad  from  Rutland  to  Whitehall,  and  having  other  necessary  poAvers. 

Sect.  2  requires  the  construction  of  said  road  to  be  commenced,  and  $20,000 
expended  within  three  years  herefrom,  and  the  road  to  be  completed  withui  six 
years. 

Sect.  3  fixes  the  capital  stock  at  $200,000,  with  the  right  to  increase  it  to  $400,000, 
to  be  divided  into  shares  of  $100  each. 

Sect.  4  appoints  Commissioners,  who  shall,  within  one  year  open  books  for  receiv- 
ing subscriptions,  after  notice,  call  a  meeting  for  choice  of  Directors,  and  certify 
who  are  chosen ;  the  Directors  may  appoint  engineers,  cause  surveys  to  be  made, 
and  determine  the  route. 

Sect.  5  provides  that  the  Directors  shall  choose  a  President  and  Vice  President,  and 
may  fill  vacancies. 

Sect.  6  provides,  if  such  election  be  not  held  on  the  day  appomted,  that  the  Corpo- 
ration shall  not  be  dissolved,  but  the  election  may  be  held  subsequently. 

Sect.  7  defines  the  powers  and  duties  of  the  Directors ;  it  authorizes  the  Company 
to  enter  upon  and  take  lands  necessary  for  the  road,  first  paying  therefor  dama- 
ges, if  not  agreed,  to  be  assessed  as  therein  provided. 

Sect.  8  gives  to  either  party  the  right  of  appeal  from  such  appraisement  to  the 
coirnty  court,  whose  decision  shall  be  final. 

Sect.  9  authorizes  the  Company  to  construct  a  railroad  on  the  route  selected,  to 
transport  persons  and  goods  thereon,  and  to  erect  toll-houses  and  other  biiildings. 

Sect.  10  empowers  them  to  intersect  or  cross  any  watercourse  or  highway,  if  neces- 
sary, provided  they  restore  the  same. 

Sect.  11  provides  that  the  Company  may  fix  the  tolls  and  chai'ges,  subject  to  revis- 
ion of  the  supreme  court  of  Rutland  county. 

Sect.  12  requires  them  to  expose  publicly  the  rates  of  toll. 
56  * 


666  RUTLAND   AND   WHITEHALL   RAILROAD    COMPANY. 

Sect.  13  provides,  if  any  person  wilfully  injure  said  railroad  or  appurtenances,  that 
h.e  shall  forfeit  to  the  Company  double  the  damages  sustained. 

Sect.  14  authorizes  the  Directors  to  prescribe  the  time  and  mode  of  paying  assess- 
ments on  shares,  under  penalty  of  forfeiture  of  previous  payments. 

Sect.  15  requires  that  five  dollars  be  paid  on  each  share  subscribed,  and  that,  if 
more  than  |i200,000  are  subscribed,  the  stock  be  distributed  equitably. 

Sect.  16  provides  that  the  Act  shall  take  effect  immediately. 

Sect.  17  requires  the  office  of  secretary  or  clerk  of  the  Corporation,  to  be  in  some 
town  through  which  the  railroad  passes. 

No.  51  of  the  Private  Acts  of  1833  extends  the  time  for  opening  books  to  receive  sub- 
scriptions to  January  1,  1835,  and  also  extends  the  time  for  commencing  and  completing 
said  railroad. 

No.  59  of  the  Private  Acts  of  1834  contains  an  Act  in  addition  to  the  foregoing. 

Sect.  1  extends  the  time  to  open  books  for  receiving  subscriptions,  and  also  for  com- 
pleting the  road. 
Sect.  2  appoints  additional  commissioners. 

No.  14  of  the  Private  Acts  q/"  1838  contains  an  additional  Act. 

Sect.  1  extends  the  period  from  which  to  compute  the  time  for  commencing  and 

completing  said  road,  to  November  15,  1839. 
Sect"  2  gives  the  right  to  this,  or  any  Legislature,  to  amend  or  repeal  this  Act. 

No.  32  of  the  Public  Acts  of  1840  contains  an  additional  Act. 

Sect.  1  revives  the  original  Act. 

Sect.  2  provides,  if  within  five  years  the  CompaAy  do  not  commence  the  construc- 
tion of  said  road,  and  expend  $20,000  thereon,  and  within  eight  years  herefrom 
complete  and  put  in  operation  said  road,  that  this  Act  shall  be  void. 

Sect.  3  appoints  additional  Commissioners,  and  allows  three  years  herefrom  to  open 
books  and  receive  subscriptions. 

Sect,  i  repeals  Section  2  of  the  original  Act. 

Sect.  5  reserves  to  the  Legislature  the  right  to  amend  or  repeal  this  Act. 

No.  1  of  the  Private  Acts  of  1848  contains  the  Charter. 

Sect.  1  grants  corporate  powers,  with  the  right  to  construct  a  railroad  on  the  route 
described,  and  to  transport  persons  and  property  thereon. 

Sect.  2  provides,  if  within  five  years  herefrom  they  do  not  complete  and  put  in 
operation  said  road,  that  this  Act  shall  be  void  except  as  to  the  portion  com- 
pleted. 

Sect.  3  fixes  the  capital  stock  at  $400,000,  which  may  be  increased,  to  be  divided 
into  shares  of  $100  each. 

Sect.  4  appoints  Commissioners,  who  shall  open  books  for  receiving  subscriptions  to 
the  stock  i  when  $100,000  shall  be  subscribed,  they  shall  call  a  meeting  of  stock- 


VERMONT.  667 

holders  for  choice  of  Directors,  shall  preside  at  their  election,  and  decide  who  are 
chosen  ;  they  shall  be  chosen  annually ;  they  may  cause  surveys  to  be  made,  and 
shall  designate  the  route  of  the  road. 

Sect.  5  provides  that  the  Directors  shall  annually  elect  a  President  and  Vice  Presi- 
dent, and  may  fill  all  vacancies. 

Sect.  6  defines  the  powers  and  duties  of  the  Directors. 

Sect.  7  empowers  the  Company,  by  their  agents,  to  enter  upon  and  use  lands  neces- 
sary for  the  road,  first  paying  damages,  to  be  assessed  as  therein  provided. 

Sect.  8  gives  to  either  party  the  right  of  appeal  from  such  assessment,  to  the 
County  Court,  whose  decision  shall  be  final. 

Sect.  9  grants  a  toll  for  transportation  on  said  road,  the  rates  thereof  being  subject 
to  revision  by  the  Supreme  Court. 

Sect.  10  authorizes  the  Directors  to  erect  toll-houses  and  collect  tolls;  and  requires 
the  Company  to  keep  a  true  account  of  receipts  and  expenditures. 

Sect.  11  provides,  if  any  person  wilfully  injure  said  railroad  or  appurtenances,  that 
he  shall  forfeit  to  the  Company  treble  the  damages  sustained,  and  shall  be  hable 
to  indictment. 

Sect.  12  requires  the  Company  so  to  construct  said  railroad,  where  it  crosses  a  pri- 
vate way,  highway,  or  watercourse,  as  not  to  obstruct  or  injure  the  same,  by  pay- 
ing damages  to  be  assessed  as  before  provided ;  they  are  also  required  to  maintain 
a  sufficient  fence  on  each  side  of  the  road. 

Sect.  13  reserves  to  the  State  the  power  to  grant  to  any  other  railroad,  the  right  of 
entering  upon  this,  by  paying  the  tolls  prescribed  and  complying  with  the  Com_ 
pany's  regulations. 

Sect.  14  reserves  to  the  State  the  right,  after  fifty  years  from  the  completion  of  the 
road,  to  purchase  the  franchise  and  property  of  this  Company,  by  paying  its  cost, 
and  such  further  sum  as,  -with,  the  net  profits,  shall  equal  10  per  cent,  interest  per 
annum  thereon. 

Sect.  15  authorizes  the  Directors  to  prescribe  the  time  and  amount  of  instalments 
to  be  paid  on  the  stock,  under  penalty  of  forfeiture  of  previous  payments. 

Sect.  16  provides  that  the  Commissioners  may  direct  what  sum  shall  be  paid  on 
each  share,  at  the  time  of  making  the  subscription. 

Sect.  17  provides  that  this  Act  shall  take  eff'ect  immediately. 

Sect.  18  requires  the  Clerk's  ofiice  to  be  kept  in  this  State,  in.  some  town  on  the  line 
of  the  road. 

Sect.  19  authorizes  this  Corporation  to  contract  with  any  otheu  railroad  Company  in 
this  State,  or  New  York,  now  or  hereafter  incorporated,  whose  road  may  enter 
upon  this,  to  perform  all  the  transportation ;  also  to  lease  or  sell  their  road  to  such 
Company,  or  to  consolidate  their  stock  with  that  of  such  Company,  subject  to  the 
provisions  of  this  Act. 

Sect.  20  authorizes  this  Company  to  unite  with  the  Saratoga  and  Washington  Rail- 
road Company,  at  the  terminus  of  its  road,  in  Fairhavcn,  and  to  enter  upon  the 
road  of  the  Rutland  and  Burlington  Railroad  Company,  in  Rutland,  by  paying 
tolls,  if  not  agreed,  to  be  prescribed  by  the  Legislature,  and  by  complying  with 
the  rules  and  regulations  of  those  Companies. 

Sect.  21  declares  this  Act  to  be  a  Public  Act,  and  to  be  hberally  construed. 

Sect.  22  authorizes  this  Company  to  build  a  branch  of  their  road  to  Poultney. 

Sect.  23  requires  them  to  transport  the  U.  S.  Mail,  for  a  compensation,  if  not  agreed, 
to  be  determined  by  the  Supreme  Court  of  this  State. 

Sect.  24  provides  that  the  subscription  books  shall  remain  open  ten  days,  and  if 


668  RUTLAND    AND   AYHITEHALL   RAILROAD    COMPANY. 

$100,000  of  stock  shall  have  been  then  subscribed,  the  Company  shall  be  organ- 
ized. 

Sect.  25  requires  the  Company  to  cause  seasonable  notice  to  be  given  of  the  ap- 
proach of  the  engine,  and  signs  to  be  placed  across  highways  or  turnpikes  over 
which  the  railroad  may  pass,  they  being  liable  for  damages  caused  by  the  neglect 
thereof. 

Sect.  26  provides  that  this  Company  shall  be  subject  to  the  provisions  of  any  gene- 
ral law  of  the  State,  applicable  to  it,  which  may  be  passed. 

Sect.  27  authorizes  this  Company  to  construct  their  road  on  the  route  described, 
pro-\dded  they  expend,  within  one  year  herefrom,  $10,000  thereon,  and  within 
three  years  complete,  ready  for  use,  the  part  described. 

Sect.  28  authorizes  them  to  unite  with  and  enter  upon  the  road  of  the  Rutland  and 
Washington  Railroad  Company,  as  specified  in  Section  20  of  its  charter,  land 
authorizes  said  Company  to  connect  with  the  Champlain  and  Connecticut  River 
Railroad  Company. 

Sect.  29  provides,  if  the  Rutland  and  Washington  Railroad  Company  shall  abandon 
their  road,  and  shall,  within  one  year,  notify  this  Company  thereof,  that  they 
shall  within  six  months  thereafter,  pay  to  said  Rutland  and  Washington  Railroad 
Company  the  expenses  of  surveys  and  of  organizing  the  Company,  if  not  agreed, 
to  be  settled  by  arbitrators. 


Laws  of  1831,  No.  40. 

An  Act  to  incorporate  the  Rutland  and  "WTiitehall  Railroad  Company. 

Sect.  1.  It  is  hereby  enacted  by  the  General  Assembly  of  the 
State  of  Vermont,  That  Robert  Temple,  Moses  Strong,  Francis 
Slason,  George  T.  Hodges,  John  Meacham,  John  R.  Colburn,  Gor- 
den  Newell,  Peter  J.  H.  Myers,  Melanchton  Wheeler,  with  such 
other  persons  as  shall  associate  with  them  for  that  purpose,  are 
hereby  constituted  a  body  politic  and  corporate,  by  the  name  of 
the  Rutland  and  Whitehall  Railroad  Company,  with  the  exclusive 
right  and  power  to  construct  a  single  or  double  railroad,  or  way, 
betwixt  the  east  village  of  Rutland,  and  the  line  of  the  State  of 
New  York,  in  the  direction  of  Whitehall,  or  to  East  Bay,  as  they 
shall  think  proper,  to  transport,  take,  and  carry,  property  and  per- 
sons upon  the  same,  by  the  power  and  force  of  steam,  of  animals,  or 
of  other  mechanical  or  other  power,  or  of  any  combination  of  them 
which  the  said  company  may  choose  to  employ  ;  and  by  that  name 
tliey  and  their  successors  shall  be,  and  they  are  hereby,  vested 
with  the  sole  and  exclusive  right  and  privilege  of  constructing, 
erecting,  building,  making,  and  using,  a  single  or  double  railroad 
or  ways,  for  the  purposes   aforesaid ;  and   for  the  term  of  fifty 


VERMONT.  669 

years  may  have  succession;  and  shall  be  persons  in  law  capable 
of  suing  and  being  sued,  of  pleading  and  being  impleaded,  in  all 
courts  of  law  and  equity,  and  in  all  manner  of  actions,  and  that 
they  and  their  successors  may  have  a  common  seal,  and  may 
change  and  alter  the  same  at  pleasure. 

Sect.  2.  That  if  the  corporation,  hereby  created,  shall  not, 
within  three  years  from  the  passage  of  this  Act,  commence  the 
construction  of  said  railroad  or  ways,  and  expend,  at  least,  the  sum 
of  twenty  thousand  dollars  thereon,  and  shall  not,  within  six  years 
from  the  passage  of  this  Act,  construct,  finish,  and  put  in  ope- 
ration, the  said  single  or  double  railroad  or  ways,  then  the  said  cor- 
poration shall  thenceforth  forever  cease,  and  this  Act  shall  be  null 
and  void. 

Sect.  3.  That  the  capital  stock  of  said  company  shall  be  two 
hundred  thousand  dollars;  the  company  to  be  authorized  to 
increase  that  capital  to  such  an  amount  as  shall  be  necessary  to 
complete  said  road  or  ways,  and  to  furnish  the  carriages  to  run 
thereon  :  Provided^  that  such  increase  shall  not  exceed  three  hun- 
dred thousand  dollars ;  which  shall  be  divided  into  shares  of  one 
hundred  dollars  each ;  which  shall  be  deemed  personal  property, 
and  transferable  in  such  manner  as  the  said  corporation  shall,  by 
by-laws,  direct. 

Sect.  4.  That  Robert  Temple,  Peter  J.  H.  Myers,  and  Moses 
Strong,  shall  be  commissioners,  the  duty  of  whom,  or  a  major 
part  of  them,  it  shall  be,  within  the  period  of  one  year  after  the 
passing  of  this  Act,  at  some  suitable  places,  in  Rutland  and  White- 
hall, and  such  other  places,  as  they  may  deem  proper,  to  open 
books  to  receive  subscriptions  to  the  capital  stock  of  the  said  cor- 
poration ;  and  twenty  days'  public  notice  shall  be  given  by  the  said 
commissioners,  of  the  time  and  place  of  the  opening  of  such  books, 
in  one  of  the  public  newspapers  in  each  of  said  places  ;  and  as  soon 
as  the  same  shall  be  subscribed,  to  give  a  like  notice  for  a  meeting 
of  the  stockholders,  at  such  time  and  place  as  the  said  commission- 
ers, or  a  majority  of  them,  shall  appoint,  to  choose  nine  directors. 
And  such  election  shall  be  then  and  there  made,  by  such  of  the 
stockholders  as  shall  attend  for  that  purpose,  either  in  person  or  by 
lawful  proxy,  each  share  of  the  capital  stock  entitling  a  stock- 
holder to  one  vote  ;  and  the  said  commissioners  shall  be  inspectors 
of  the  first  election  of  directors  of  said  corporation  ;  and  shall  cer- 
tify under  their  hands,  the  names  of  those  duly  elected,  and 
deliver  over  the  subscription  books  to  the  said  directors ;  and  the 


670  RUTLAND   AXD   WHITEHALL  RAILROAD   COMPANY. 

time  and  place  of  holdmgthe  first  meeting  of  directors,  shall  be  fixed 
by  the  said  commissioners;  and  a  new  election  shall  be  made, 
annually,  at  such  time  and  place  as  the  board  of  directors  shall 
appoint,  giving  twenty  days'  notice  of  the  time  and  place  of  meet- 
ing for  said  purpose,  by  publication  in  the  newspaper  printed  in 
Rutland.  And  the  said  directors  shall  have  power  to  appoint  an 
engineer,  and  to  cause  such  examinations  and  surveys  for  the  said 
railroad  to  be  made,  as  may  be  necessary  to  the  selection  by  them, 
or  a  majority  of  them,  of  the  most  advantageous  line,  course,  or 
way  for  the  said  road,  from  the  east  village  of  Rutland  aforesaid, 
and  from  thence  extending  to  the  line  of  the  State  of  New  York, 
through  Castleton  and  Fairhaven,  or  to  East  Bay  aforesaid  as  they 
shall  think  proper.  And  the  said  directors,  or  a  majority  of  them, 
shall,  after  such  examinations  and  surveys  shall  be  made,  select, 
and  by  certificates,  under  their,  or  a  majority  of  their  hands  and 
seals,  designate  the  line^  course,  or  way,  which  they,  or  a  majority 
of  them,  may  deem  most  advantageous  for  the  said  railroad;  one 
of  which  certificates  shall  be  recorded  in  the  oflice  of  the  town 
clerk,  in  each  of  the  towns  through  which  said  railroad  passes ; 
which  line,  course,  or  way,  so  selected  and  certified,  shall  be 
deemed  the  line,  course,  or  way,  on  which  the  said  corporation 
shall  construct,  erect,  build,  or  make,  their  single  or  double  rail- 
road or  ways,  as  hereinafter  mentioned  ;  the  expenses  of  all  which 
surveys  and  examinations,  and  all  manner  of  incidental  expenses 
relating  thereto,  shall  be  paid  for  by  the  said  corporation. 

Sect.  5.  That  the  said  directors,  to  be  chosen  at  such  meeting, 
or  at  such  annual  election,  shall,  as  soon  as  may  be,  after  every 
election,  choose  out  of  their  own  number,  one  president,  and  one 
other  person  to  be  vice  president ;  and  in  case  of  the  death,  resig- 
nation, or  absence  of  the  president,  the  vice  president  shall  preside 
until  the  next  annual  election,  thereafter,  or  until  another  presi- 
dent shall  be  chosen ;  and  in  case  of  the  death  or  resignation  of 
the  president,  or  vice  president,  or  of  any  director,  such  vacancy 
or  vacancies  may  be  filled,  for  the  remainder  of  the  year  wherein 
they  may  happen,  by  the  board  of  directors ;  and  in  case  of  the 
absence  of  the  president,  the  board  of  directors  shall  have  power  to 
appoint  a  president  pro  tempore,  who  shall  have  and  exercise  such 
powers  and  functions,  as  the  by-laws  of  the  said  corporation  may 
provide. 

Sect.  6.  That,  in  case  it  should  at  any  time  happen  that  an  elec- 
tion of  directors  shall  not  be  made  on  any  day,  when  pursuant  to 


VERMONT.  671 

this  Act  it  ought  to  have  been  made,  the  said  corporation  shall  not, 
for  that  cause,  be  deemed  to  be  dissolved  ;  but  such  election  may 
be  held  at  any  other  time,  directed  by  the  by-laws  of  said  corpo- 
ration. 

Sect.  7.  That  seven  directors  shall  form  a  board,  and  they,  or  a 
majority  of  them,  shall  be  competent  to  transact  all  the  business  of 
the  said  corporation  ;  and  they  shall  have  full  power  to  make  and 
prescribe  such  by-laws,  rules,  and  regulations,  as  to  them  shall 
appear  needful  and  proper,  touching  the  management  and  disposi- 
tion of  the  stock,  property,  estate  and  effects  of  the  said  corpora- 
tion, the  transfer  of  shares,  and  touching  the  duties  and  conduct  of 
their  officers  and  servants,  and  election  of  directors,  and  all  other 
matters  whatsoever,  which  may  appertain  to  the  concerns  of  the 
said  corporation  ;  and,  also,  shall  have  power  to  appoint  a  secre- 
tary, and  as  many  clerks  and  servants  as  to  them  shall  seem  meet ; 
and  to  establish  and  fix  such  salaries  and  allowances  to  them,  and 
also  to  the  president  and  vice  president,  as  to  the  said  board  shall 
appear  proper.  And  said  corporation  are  hereby  authorized,  by 
their  agents,  surveyors,  and  engineers,  to  enter  upon  such  route, 
place  or  places  to  be  designated,  as  aforesaid,  by  the  said  directors, 
as  the  line,  course,  road,  or  way,  whereon  to  construct  their  single, 
or  double,  railroad  or  ways  ;  and  it  shall  be  lawful  for  the  said  cor- 
poration to  enter  upon,  and  take  possession  of,  and  use  all  such 
lands  and  real  estate,  as  may  be  indispensable  for  the  construction 
and  maintenance  of  their  single,  or  double,  railroad  or  ways,  and 
the  accommodation  requisite,  and  appertaining  to  them  ;  and  may 
also  receive,  hold  and  take  all  such  voluntary  grants  and  dona- 
tions of  land,  and  real  estate,  as  shall  be  made  to  the  said  corpora- 
tion, to  aid  in  the  construction,  mauitenance,  and  accommodation 
of  the  said  single,  or  double,  railroad  or  ways  :  Provided^  that  all 
lands  or  real  estate  thus  entered  and  taken  possession  of,  and  used 
by  the  said  corporation,  and  which  are  not  donations,  shall  be  pur- 
chased by  the  said  corporation,  and  of  the  owner  or  owners  of  the 
same,  at  a  price  to  be  mutually  agreed  upon  between  them;  and 
in  case  of  a  disagreement  of  price,  and  before  the  making  of  any 
portion  of  the  road  upon  said  land,  it  shall  be  the  duty  of  the 
judges  of  the  supreme  court  of  this  State  to  appoint  three  commis- 
sioners, one  of  whom  shall  be  a  resident  of  tlie  county  of  Rutland, 
who  shall  be  persons  not  interested  in  the  matters  to  be  determined 
by  them,  to  determine  the  damages  which  the  owner  or  owners  of 


672  RUTLAND   AND   WHITEHALL   RAILROAD    COMPANY. 

the  land,  or  real  estate,  so  entered  upon  by  the  said  corporation, 
may  have  sustained,  or  shall  be  likely  to  sustain,  by  the  occupa- 
tion of  the  same  ;  and  upon  the  payment  of  such  damages,  together 
with  the  costs  and  charges  attending  the  appraisement,  by  the  said 
corporation,  the  said  commissioners  being  allowed  three  dollars 
each,  per  day,  while  thus  employed :  or  upon  said  corporation 
depositing  in  the  Bank  of  Rutland  the  amount  of  such  damages, 
together  with  the  costs  and  charges  aforesaid,  to  the  credit  of  the 
person  or  persons  to  whom  the  commissioners  may  have  awarded 
them,  the  proper  officers  of  the  said  bank  giving  notice  to  such 
person  or  persons,  by  letter,  of  such  deposit  being  made  by  said 
corporation  ;  then  the  said  corporation  shall  be  deemed  to  be  seized 
and  possessed  of  all  such  lands,  or  real  estate,  as  shall  have  been 
appraised  by  said  commissioners.  And  it  shall  be  the  duty  of  said 
commissioners  to  give  fifteen  days'  notice  of  the  time  and  place  of 
such  appraisement,  to  be  given  to  the  occupants  or  owners  of  the 
land  to  be  appraised  ;  and  after  such  appraisement,  to  deliver  to 
the  said  corporation  a  written  statement  of  the  award  or  awards, 
they  shall  make,  with  a  description  of  the  land  or  real  estate 
appraised,  and  which  shall,  within  sixty  days,  be  recorded  by  the 
said  corporation  in  the  clerk's  office  of  the  town  where  such  land 
or  real  estate  may  lie  ;  and  in  case  any  owner  or  owners  of  land 
or  real  estate,  taken  by  said  company,  shall  be  married  women, 
infants,  or  idiots  or  insane,  or  shall  reside  out  of  this  State,  then, 
and  in  such  case,  the  said  corporation  shall  cause  the  damages  sus- 
tained by  such  owners  to  be  determined  in  the  manner  above 
described,  and  shall  pay  the  amount  of  such  last  mentioned  dam- 
ages, to  the  said  last  mentioned  owners,  respectively,  whenever  the 
same  shall  be  lawfully  demanded,  together  with  the  interest,  at  the 
rate  of  six  per  centum  per  annum  ;  which  said  amount  and  inter- 
est, shall  be  a  specific  lien  on  the  real  estate  of  said  corporation, 
and  shall  have  a  preference  to  any  other  demand  against  said  cor- 
poration. 

Sect.  8.  That  should  the  corporation,  or  the  owner  of  any  real 
estate,  land,  or  materials,  feel  themselves  aggrieved  by  the  decis- 
ion of  the  commissioners  aforesaid,  either  party  may,  within  ninety 
days  from  the  making  such  decision  and  notice  thereof,  or  from 
the  removal  of  the  disabilities  in  the  preceding  section  mentioned  ; 
or  from  the  return  of  such  non-resident  to  this  State,  appeal  to  the 
county  court  of  the  county,  where  such  lands  or  other  property  lie  ; 


VERMONT.  673 

and  the  decision  of  the  said  court  shall  be  final  and  conclusive ; 
and  said  court  shall  tax  costs  for  or  against  either  party,  as  they 
shall  judge  just  and  equitable. 

Sect.  9.  That  the  said  corporation  is  hereby  authorized  to  con- 
struct, erect,  build,  make  and  use,  a  single  or  double  railroad  or 
ways,  of  suitable  width  and  dimensions,  to  be  determined  by  the 
said  corporation,  on  the  line,  course,  or  way  designated  by  the 
directors,  as  aforesaid,  as  the  line,  course,  or  way  whereon  to  con- 
struct, erect,  build,  and  make  the  same,  and  shall  have  power  to 
regulate  the  time  and  manner  in  which  goods  and  passengers  shall 
be  transported,  taken,  and  carried  on  the  same ;  and  shall  have 
power  to  erect  and  maintain  toll-houses,  and  other  buildings,  for 
the  accommodation  of  their  concerns,  as  they  may  deem  suitable 
to  their  interests. 

Sect.  10.  That  whenever  it  shall  be  necessary,  for  the  construc- 
tion of  their  single  or  double  railroad  or  way,  to  intersect  or  cross 
any  stream  of  water,  or  water  courses,  or  any  road  or  highway, 
lying  betwixt  the  places  prescribed  by  the  first  and  fourth  sections 
of  this  Act,  it  shall  be  lawful  for  said  corporation  to  construct  their 
single  or  double  railroad  or  ways,  across  or  upon  the  same,  pro- 
vided that  the  corporation  shall  restore  the  stream  or  water  courses, 
or  road  or  highway,  thus  intersected,  to  its  former  state,  or  in 
sufficient  manner  not  to  impair  its  usefulness;  and  shall  moreover 
erect  and  maintain  sufficient  fences  upon  the  line  of  the  route  of 
their  single  or  double  railroad  or  w^ays :  Provided  nevertheless, 
that  nothing  in  this  Act  contained  shall  be  so  construed  as  to  pre- 
vent the  crossing  of  such  railroad  or  ways,  with  teams,  or  oth- 
erwise, in  such  manner  as  shall  be  calculated  not  to  injure  the 
same. 

Sect.  11.  That  it  shall  be  lawful  for  the  company  hereby  incor- 
porated, from  time  to  time  to  fix,  regulate,  and  receive  the  tolls 
and  charges,  by  them  to  be  received  for  transportation  of  property 
or  persons,  on  the  single  or  double  railroad  or  ways  aforesaid 
hereby  authorized  to  be  constructed,  erected,  built,  made,  and 
used  :  Provided^  however,  that  the  supreme  court,  at  any  stated 
session,  to  be  holden  in  the  county  of  Rutland,  on  application  of 
any  ten  freeholders,  in  any  town  or  towns  through  which  said  road 
may  pass,  may  alter  or  establish  the  rate  or  rates  of  toll,  and  price 
of  transportation  upon  said  railroad,  for  a  term  of  time  not  exceed- 
ing ten  years,  at  any  one  time,  and  in  such  a  manner  that  said 
corporation  shall  not  receive  less  than  twelve   per  centum  per 

57 


674  RUTLAND   AND   WHITEHALL  RAILROAD    COMPANY. 

annum,  on  the  amount  of  the  capital  stock,  and  all  charges  and 
expenses  of  said  corporation. 

Sect.  12.  That  the  said  corporation  shall  keep  constantly  expos- 
ed to  view,  at  all  places  where  they  shall  have  toll-houses  or 
gates,  and  at  public  places  where  they  may  receive  passengers,  or 
freight,  a  sign  or  hand-bill,  with  the  rates  of  toll,  or  charge,  legibly 
written  or  printed  thereon. 

Sect.  13.  That  if  any  person  or  persons  shall  wilfully  do,  or 
cause  to  be  done,  any  act  or  acts  whatever,  whereby  any  building, 
construction,  or  work  of  the  said  corporation,  or  any  engine, 
machine,  or  structure,  or  any  matter  or  thing  appertaining  to  the 
same,  shall  be  stopped,  obstructed,  impaired,  weakened,  injured, 
or  destroyed,  the  person  or  persons,  so  offending,  shall  forfeit  and 
pay  to  the  said  corporation,  double  the  amount  of  damages  sus- 
tained by  means  of  such  offence  or  injury,  to  be  recovered  in  the 
name  of  said  corporation,  with  costs  of  suit,  by  action  of  debt. 

Sect.  14.  That  it  shall  be  lawful  for  the  directors,  or  a  majority 
of  them,  to  require  payment  of  the  sums  to  be  subscribed  to  the 
capital  stock,  at  such  times  and  in  such  proportions,  and  on  such 
conditions,  as  they,  or  a  majority  of  them,  shall  deem  fit,  under 
the  penalty  of  the  forfeitures  of  all  previous  payments  thereon  ; 
and  shall  give  notice  of  the  payments  thus  required,  and  of  the 
place  and  time  when  the  same  are  to  be  paid,  at  least  thirty  days 
previous  to  the  payment  of  the  same,  in  a  public  newspaper  pub- 
lished in  Rutland. 

Sect.  15.  That  the  commissioners,  named  in  the  fourth  section 
of  this  Act,  shall,  at  the  time  of  any  subscription,  by  any  person  or 
persons,  for  the  capital  stock  of  said  corporation,  require  the  pay- 
ment to  them,  by  the  person  or  persons  subscribing,  of  the  sum  of 
five  dollars,  towards  and  upon  every  hundred  dollars  so  sub- 
scribed ;  and  unless  the  same  shall  be  paid,  the  subscription  shall 
be  invalid  ;  and  in  case  a  greater  amount  of  capital  stock  shall  be 
subscribed  than  the  sum  of  two  hundred  thousand  dollars,  the  said 
commissioners  shall  distribute  the  stock  in  such  manner  as  they 
shall  deem  equitable  and  proper. 

Sect.  16.  That  this  Act  shall  take  effect  immediately  after  the 
passage  thereof. 

Sect.  17.  That  the  office  of  secretary  or  clerk  of  said  corpora- 
tion shall  be  kept  within  this  State,  in  some  town  through  which 
said  railroad  may  pass.     Passed,  Nov.  9,  1831. 


VERMONT.  675 


Laws  of  1833,  No.  51. 

An  Act  in  addition  to  "  An  Act  to  incorporate  the  Rutland  and  ^Miiteliall  Railroad 

Company." 

It  is  hereby  enacted,  Sj'c.  That  the  time  to  open  the  books  to 
receive  subscriptions  to  the  capital  stock  of  said  company,  is  hereby 
extended  to  the  first  day  of  January,  in  the  year  of  our  Lord  one 
thousand  eight  hundred  and  thirty-five,  and  that  the  times  speci- 
fied in  said  Act,  within  which  the  said  company  are  to  commence 
the  construction  of  said  road,  and  within  which  said  road  is  to  be 
completed,  shall  commence  and  be  completed  from  the  passage  of 
this  Act.     Passed,  Oct.  26,  1833. 

Laws  op  1834,  No.  59. 

An  Act  extending  the  provisions  of  an  Act  entitled  "  An  Act  to  incorporate  the 
Rutland  and  Whitehall  Railroad  Company." 

Sect.  1.  It  is  hereby  enacted,  4*c.  That  the  time  to  open  the  books  to 
receive  subscriptions  to  the  capital  stock  of  the  Rutland  and  White- 
hall Railroad  Company,  is  hereby  extended  to  the  first  day  of  July, 
in  the  year  of  our  Lord  one  thousand  eight  hundred  and  thirty- 
seven,  and  that  the  times  specified  in  said  Act,  within  which  the 
said  company  are  to  commence  and  complete  the  construction  of 
said  road,  shall  be  computed  from  the  said  first  day  of  July,  A.  D. 
one  thousand  eight  hundred  and  thirty-seven. 

Sect.  2.  That  Robert  Pierpoint  and  George  T.  Hodges  are 
hereby  appointed  commissioners,  in  the  place  of  two  of  the  com- 
missioners appointed  by  the  Act  aforesaid,  since  deceased.  Pass- 
ed Nov.  6,  1834. 

Laws  op  1838,  No.  14. 

An  Act,  extending  the  provisions  of  an  Act  entitled  "  An  Act  to  incorporate  the 
Rutland  and  ^Vhitehall  Railroad  Company. 

Sect.  1.  It  is  hereby  enacted,  ^'c.  That  the  time  specified  in  said 
Act,  within  which  said  company  are  to  commence  and  complete 
the  construction  of  said  road,  shall  be  computed  from  the  fifteenth 
day  of  November,  one  thousand  eight  hundred  and  thirty-nine. 

Sect.  2.  The  Act  to  which  this  is  in  addition,  shall  at  all  times 


676  RUTLAND   AND    WHITEHALL   RAILROAD    COMPANY. 

be  under  the  control  of  this  or  any  future  legislature,  to  alter, 
amend,  or  repeal,  as  the  public  good  may  require.  Approved, 
November  1,  1838. 

Laws  of  18-10,  Xo.  32. 

An  Act  reviving  an  Act  entitled  '<  An  Act  to  incorporate  the  Rutland  and  "^Miite- 

hall  RaUroad   Company. 

It  is  hereby  enacted,  ^c.  as  follows  : 

Sect.  1.  An  Act  entitled  "  An  Act  to  incorporate  the  Rutland 
and  Whitehall  Railroad  Company,"  passed  the  ninth  day  of 
November,  eighteen  hundred  and  thirty-one,  be  and  the  same  is 
revived  and  continued  in  force  and  effect. 

Sect.  2.  If  said  corporation  shall  not,  within  five  years  from  the 
passing  of  this  Act,  commence  the  construction  of  said  road  or 
way,  as  provided  for  in  the  Act  aforesaid,  and  expend  at  least  the 
sum  of  twenty  thousand  dollars  thereon,  and  shall  not,  within 
eight  years  from  the  passing  of  this  Act,  construct,  finish,  and  put 
in  operation  the  said  single  or  double  railway,  then  the  corporation 
shall  cease,  and  this  Act  shall  be  null  and  void. 

Sect.  3.  Moses  Strong,  Robert  Pierpoint,  and  Solomon  Foot  are 
constituted  the  commissioners,  in  lieu  of  the  persons  named  in  the 
fourth  section  of  the  Act  aforesaid,  and  three  years  shall  be  the 
time  allowed  from  the  passing  of  this  Act.  to  open  the  books  and 
receive  subscriptions,  in  lieu  of  the  time  in  said  fourth  section  men- 
tioned. 

Sect.  4.  The   second   section   of  the   Act  aforesaid  is  hereby 

repealed. 

Sect.  5.  The  legislature  shall  have  power  to  alter,  amend,  or 
repeal  this  charter,  whenever,  in  their  opinion,  the  public  good 
shall  require.     Approved,  Oct.  24,  1840. 

Laws  of  1848,  Xo.  1. 
An  Act  to  incorporate  tlie  Rutland  and  Wliitehall  Railroad  Company. 

Sect.  1.  It  is  hereby  enacted,  l^c.  That  such  persons  as  shall 
hereafter  become  stockiiolders  of  said  company,  are  constituted  a 
body  corporate,  by  the  name  of  the  Rutland  and  Whitehall  Rail- 
road Company,  for  the  purpose,  and  with  the  right,  of  building  a 
railroad,  with  a  single  or  double  track,  from  some  point  in  the 
town  of  Rutland,  thence  through  the  towns  of  Ira,  Castleton,  and 


VERMONT.  677 

Fairhaven,  to  some  point  in  the  west  line  of  this  State,  in  said 
town  of  Fairhaven,  most  convenient  for  meeting  and  connecting 
with  a  raih'oad,  to  be  bnilt  by  the  Saratoga  and  Washington  Rail- 
road Company,  in  the  State  of  New  York ;  to  carry  persons  or  pro- 
perty, on  said  road,  by  the  power  of  steam  or  otherwise ;  and  by 
that  name  may  sue  and  be  sued,  have  a  seal,  and  have  all  the 
rights  incident  to  corporations. 

Sect.  2.  If  said  corporation  shall  not,  within  five  years  from 
the  passage  of  this  Act,  build  and  put  in  operation  the  whole  of 
said  road,  then  the  rights  and  powers  granted  by  this  Act,  shall 
cease  for  such  parts  of  said  road  as  shall  not  be  completed,  but 
shall  be  valid  for  such  parts  of  said  road  as  shall  then  be  built  and 
put  in  operation. 

Sect.  3.  The  capital  stock  of  said  corporation  shall  be  four  hun- 
dred thousand  dollars,  which  may  be  increased  to  such  an  amount, 
as  may  be  necessary  to  complete  said  road,  and  furnish  all  neces- 
sary buildings,  carriages,  and  all  other  needful  appurtenances 
thereto  ;  and  said  capital  stock  shall  be  divided  into  shares  of  one 
hundred  dollars  each,  and  shall  be  deemed  personal  property,  and 
may  be  transferred  in  the  manner,  which  said  corporation  may,  by 
their  by-laws,  prescribe. 

Sect.  4.  Robert  Pierpoint,  Isaac  T.  Wright,  Arunah  W.  Hyde, 
William  C.  Kittredge,  and  Michael  J.  Myers,  shall  be  commission- 
ers, who  shall  within  one  year  open  books  for  receiving  subscrip- 
tions to  the  capital  stock  of  said  corporation,  at  some  convenient 
place  in  Rutland,  Castleton,  Whitehall,  Fairhaven,  and  at  .such 
other  places  as  they  shall  deem  proper,  giving  twenty  days'  notice 
thereof,  in  all  the  newspapers  printed  in  the  county  of  Rutland,  and 
in  the  town  of  WhitehaU  ;  and  shall  call  all  meetings  of  said  cor- 
poration, necessary  for  the  due  organization  of  the  same ;  and  as 
soon  as  the  capital  stock,  or  one  hundred  thousand  dollars  of  the 
same,  shall  be  subscribed,  said  commissioners  shall  call  a  meeting 
of  the  stockholders,  giving  twenty  days'  notice  thereof,  by  publica- 
tion, as  aforesaid,  to  choose  five  directors ;  and  said  directors  shall 
be  chosen  by  such  of  the  stockholders  as  shall  attend,  in  person  or 
by  proxy,  each  stockholder  to  have  as  many  votes  as  he  holds 
shares  ;  and  said  commissioners  shall  be  inspectors  of  the  first 
election  of  directors,  and  shall  certify  the  names  of  those  elected, 
and  deliver  the  books  of  subscription  to  such  directors ;  and  the 
time  and  place  of  holding  the  first  meeting  of  the  directors,  shall 
be  fixed  by  said  commissioners.     A  new  election  of  directors  shall 

57* 


678  RUTLAND   AND    WHITEHALL  RAILROAD    COMPANY. 

be  made  annually,  at  such  time  and  place  as  the  board  of  direct- 
ors shall  appoint,  giving  twenty  days'  notice  of  such  meeting,  by  a 
publication  thereof,  in  some  newspaper  printed  in  the  county  of 
Rutland  ;  said  directors  may  appoint  an  engineer,  and  cause  such 
examinations  and  surveys  of  said  road  to  be  made,  as  they  may 
deem  necessary ;  and  said  directors,  after  making  such  examina- 
tions and  surveys  shall,  by  certificates  under  their  hands  and 
seals,  designate  the  line  or  route  on  which  said  railroad  shall  be 
made ;  and  they  shall  cause  the  same  to  be  recorded  in  the  several 
town  clerks'  offices,  in  the  towns  through  which  said  road  shall 
pass;  and  said  company  may  make  any  alterations  in  the  route 
of  said  road,  from  tune  to  time,  always  causing  the  same  to  be 
recorded  in  the  town  clerk's  office,  in  the  town  where  such  altera- 
tions shall  be  made;  and  the  expense  of  such  examination  and 
survey,  as  well  as  all  preliminary  surveys  now  making,  or  made, 
and  all  incidental  expenses  relating  thereto,  shall  be  paid  by  said 
company. 

Sect.  5.  The  directors,  as  soon  as  may  be  after  their  election, 
shall,  annually,  elect  from  their  own  number,  a  president  and  vice 
president;  and  in  case  of  the  death,  resignation,  or  absence  of  the 
president,  the  vice  president  shall  preside  until  another  president 
shall  be  chosen  ;  and  in  case  of  the  death  or  resignation  of  any 
officer  of  the  company,  the  directors  may  fill  such  vacancy  until 
the  next  aimual  election. 

Sect.  6.  Three  directors  shall  form  a  board,  competent  to  trans- 
act all  the  business  of  the  company ;  they  may  make  such  by- 
laws, rules,  and  regulations,  as  they  shall  deem  needful  and  pro- 
per, for  the  management  and  disposition  of  the  stock,  property, 
and  effects  of  said  company,  the  transfer  of  shares,  the  duties  and 
conduct  of  their  officers,  the  election  of  directors,  and  all  other 
matters  pertaining  to  the  concerns  of  said  company ;  they  may 
also  appoint  a  clerk  and  treasurer,  who  shall  give  bonds  for  the 
faithful  discharge  of  their  duties,  and  as  many  servants  as  they 
shall  think  best,  and  fix  the  salary  of  every  officer  and  servant  of 
said  company. 

Sect.  7.  Said  corporation  may,  by  their  engineers  and  agents, 
enter  upon  the  route  so  to  be  designated,  by  said  directors,  as  the 
line  or  route  upon  which  to  make  said  road,  and  take  possession 
of  and  use  all  such  land  and  real  estate,  as  may  be  necessary  for 
the  construction  and  maintenance  of  said  road,  and  the  accommo- 
dation requisite  to  the  same ;  and  may  take  and  hold  all  grants 


VERMONT.  679 

and  donations  of  land  and  real  estate,  that  may  be  made  to  said 
company,  for  the  purpose  herein  granted  :  Provided^  that  all  lands 
and  real  estate  thus  entered  upon,  taken  possession  of,  and  used 
by  said  company,  and  not  granted  as  above-mentioned,  shall  be 
purchased  by  said  company  of  the  owner  thereof;  and  in  case  of 
disagreement  as  to  the  price,  the  county  court  for  the  county  of 
Rutland,  upon  application  of  either  part,  shall  appoint  three  dis- 
interested commissioners,  to  determine  the  damages  which  the 
owner  of  the  land  or  real  estate,  thus  entered  upon  by  said  com- 
pany, may  have  sustained,  or  shall  be  likely  to  sustain  by  the 
occupation  thereof;  and  said  commissioners  shall  hear  said  claim 
for  damages,  giving  the  parties  ten  days'  notice,  of  the  time  and 
place  of  hearing,  and  shall  deliver  to  the  parties  a  written  state- 
ment of  their  award,  in  the  premises,  with  a  description  of  the 
land  by  them  appraised ;  and  upon  payment  of  such  damages, 
with  the  costs  and  charges  of  such  appraisal,  (said  commissioners 
being  allowed  three  dollars  per  day  each,)  by  said  company,  or 
upon  depositing  in  either  of  the  banks  of  said  county  of  Rutland, 
the  amount  of  snch  damages,  costs,  and  charges,  to  the  credit  of 
the  person  to  whom  said  commissioners  have  awarded  the  same, 
and  giving  such  person  notice  thereof,  said  company  shall  be 
deemed  to  be  seized  and  possessed  of  such  land  or  real  estate,  so 
appraised  by  said  commissioners.  And  in  case  the  owner  of  any 
land  or  real  estate,  taken  by  said  company,  shall  be  a  married 
woman,  an  infant,  idiot,  or  insane,  or  shall  reside  out  of  this  State, 
then  said  company  shall  cause  such  damages  to  be  determined  in 
the  manner  above  prescribed,  and  shall  pay  such  damages  to  such 
last  mentioned  owners,  whenever  the  same  shall  be  lawfully 
demanded,  with  the  interest  thereon ;  which  amount  and  interest 
shall  be  a  specific  lien  on  the  real  estate  of  said  company,  and 
shall  be  preferred  to  any  other  demand  against  said  company. 

Sect.  8.  Should  the  company,  or  the  owner  of  any  land  or  real 
estate,  feel  aggrieved  by  the  decision  of  said  commissioners,  either 
party  may,  within  ninety  days  from  the  making  of  said  decision, 
and  notice  thereof,  or  from  the  removal  of  the  disabilities  men- 
tioned in  section  seven,  or  from  the  return  of  such  non-resident 
to  this  State,  appeal  to  the  county  court  of  said  Rutland  county ; 
and  the  decision  of  said  court  shall  be  final  thereon ;  and  said 
court  shall  tax  costs  for  or  against  either  party,  as  shall  be  just 
and  equitable. 

Sect.  9.  Said  company  may  take  toll  for  their  sole  benefit,  for 


680  EUTLAND   AND   WHITEHALL  RAILROAD   COMPANY. 

all  passengers  and  property  transported  on  said  road,  at  such  rates 
per  mile,  as  may,  from  time  to  time,  be  established  by  the  board  of 
directors ;  and  all  matters  in  relation  to  the  construction  of  car- 
riages, and  the  transportation  of  passengers  and  property  upon 
said  road,  shall  be  under  the  direction  of  said  board  of  directors  : 
Provided^  that  the  supreme  court  at  any  stated  session  thereof,  in 
the  county  of  Rutland,  upon  the  application  of  ten  freeholders,  in 
any  town  or  towns  through  which  said  road  may  pass,  may  alter 
or  establish  the  rates  of  toll  upon  said  road,  for  any  time,  not 
exceeding  ten  years  at  any  one  time,  and  in  such  manner  that  said 
company  shall  not  receive  less  than  ten  per  cent,  on  the  amount 
of  capital  stock,  together  with  all  charges  and  expenses  of  said 
company. 

Sect.  10.  The  board  of  directors  may  erect  toll-houses,  and 
demand  and  receive  toll  upon  said  road,  when  finished ;  and  said 
company  shall  keep  true  accounts  of  all  expenditures  made  in  con- 
structing said  road,  and  keeping  the  same  in  repair ;  and  also  of 
all  moneys  received  for  tolls,  or  from  other  sources  of  profit ;  and 
the  books  of  said  company  shall,  at  all  times,  be  open  to  the 
inspection  of  any  committee  of  the  legislature,  or  of  the  supreme 
court,  who  may  examine  any  officer  of  said  company,  under  oath, 
relative  to  the  receipts  and  expenditures  of  said  company. 

Sect.  11.  If  any  person  shall  wilfully,  maliciously,  or  wantonly 
obstruct  the  passage  of  any  carriage  on  said  road,  or  in  any  way 
injure  or  destroy  said  road,  or  any  part  thereof,  or  any  thing  belong- 
ing thereto,  or  any  implement  or  material  to  be  employed  in  the 
construction  of  said  road,  or  for  the  use  of  the  same,  he,  and  every 
person  aiding  or  abetting  therein,  shall  forfeit  and  pay  to  said  com- 
pany, for  every  such  offence,  treble  the  amount  of  damages,  found 
by  any  justice,  court,  or  jury,  before  whom  trial  shall  be  had ; 
and  the  person  so  offending,  shall  be  liable  to  indictment,  by  the 
grand  jury  for  said  Rutland  county,  and,  on  conviction  thereof, 
shall  pay  a  fine,  not  exceeding  one  hundred  dollars  to  the  use  of 
the  State. 

Sect.  12.  If  said  railroad  shall  cross  any  private  way,  the  com- 
pany shall  so  construct  the  same,  as  not  to  obstruct  the  safe  and 
convenient  use  of  such  private  way ;  and  if  it  shall  not  be  so  con- 
structed, the  party  aggrieved  shall  be  entitled  to  an  action  on  the 
case,  in  any  court  proper  to  try  the  same,  and  shall  recover  reason- 
able damages  for  such  injury ;  and  if  said  railroad  shall  cross  any 
highway,  it  shall  be  so  constructed  as  not  to  impede  or  obstruct 


VERMONT.  681 

the  safe  and  convenient  use  of  such  highway;  and  said  company 
may  raise  or  lower  such  highway,  or  private  way,  so  that  said 
railroad  may  pass  over  or  under  the  same;  and  if  said  company 
shall  raise  or  lower  any  highway  or  private  way,  and  shall  not  do 
the  same  to  the  satisfaction  of  the  selectmen  of  the  town,  in  which 
said  highway  or  private  way  is  situated,  such  selectmen  may  re- 
quire, in  writing,  of  said  company,  such  alteration  or  amendment 
as  they  may  think  necessary;  and  if  the  same  be  reasonable  and 
proper,  and  the  company  unreasonably  neglect  to  make  the  same, 
such  selectmen,  may  proceed  to  make  such  alteration  or  amend- 
ment, and  may  prosecute  to  final  judgment  and  execution,  in  any 
court  proper  to  try  the  same,  any  action  of  the  case  against  said 
company,  and  shall  therein  recover  reasonable  damages  for  all 
charges,  payments,  labor  and  services,  occasioned  by  making  such 
alteration  or  amendment,  with  costs  of  suit ;  and  if  said  railroad 
shall  cross  any  stream  or  water  course,  said  company  may  con- 
struct their  road  upon  or  across  the  same  :  Provided^  said  company 
shall  restore  said  stream  or  water  course  to  its  former  state,  or  in 
such  manner  as  not  to  impair  its  usefulness ;  and  said  company 
shall  maintain  a  sufficient  fence  on  each  side  of  said  road,  through 
its  whole  length  :  Provided,  that  nothing  in  this  Act  shall  be  so 
construed,  as  to  prevent  the  crossing  of  said  road,  with  teams  or 
otherwise,  in  such  manner  as  not  to  injure  said  road. 

Sect.  13.  The  legislature  may  grant  to  any  other  railroad  com- 
pany, the  right  to  enter  with  another  railroad,  at  any  point  of  the 
road  granted  by  this  Act,  using  the  whole  or  a  part  of  the  same, 
paying  for  the  right  of  such  use,  such  rate  of  toll  as  the  legisla- 
ture may  from  time  to  time  prescribe,  and  complying  with  such 
regulations  as  may  be  established  by  said  company  under  the  pro- 
visions of  this  Act. 

Sect.  14.  The  State  may,  at  any  time  after  the  expiration  of 
fifty  years,  from  the  completion  of  said  railroad,  purchase  the 
same  of  said  company,  with  all  the  franchises,  property,  right,  and 
privileges  of  said  company,  by  paying  them  therefor,  the  amount 
expended  in  making  said  road,  and  keeping  the  same  in  repair, 
and  all  other  expenses  relating  thereto  ;  and  if,  at  the  time  of  such 
purchase,  the  company  shall  not  have  received  an  income,  equal 
to  ten  per  cent,  per  annum,  on  the  original  cost  over  and  above  all 
expenses  for  repairs,  and  all  other  expenses  relating  thereto,  the 
State  shall  pay  said  company  such  sum,  as  with  the  tolls  and 
profits  of  every  kind,  shall  be  equal  to  ten  per  cent,  per  annum  on 


682  RUTLAND   AND   ■WHITEHALL  RAILROAD    COMPANY. 

the  cost  of  said  road,  from  the  date  of  the  payment  by  the  stock- 
holders to  the  time  of  such  purchase. 

Sect.  15.  The  board  of  directors  may  require  the  payment  of 
the  sums  subscribed  to  the  capital  stock,  at  such  times,  and  in  such 
proportions,  as  they  may  think  best,  under  the  penalty  of  forfeiting 
all  previous  payments  thereon,  giving  notice  of  the  time  and  place 
of  such  payments,  thirty  days  previous  thereto,  in  some  newspaper 
printed  in  Rutland  county,  and  by  letter,  through  the  post  office, 
to  each  stockholder. 

Sect.  16.  The  commissioners  named  in  section  four,  may,  at  the 
time  of  subscription  to  the  capital  stock,  require  such  portions  of 
the  stock  to  be  paid  in  cash,  as  they  may  deem  proper. 

Sect.  17.  This  Act  shall  take  effect  from  its  passage. 

Sect.  18.  The  office  of  the  clerk  of  said  company  shall  be  kept 
in  this  State,  and  in  some  town  on  the  line  of  said  road. 

Sect.  19.  The  said  corporation  may  contract  with  any  other 
railroad  company,  which  has  been,  or  may  hereafter  be  created, 
by  the  legislature  of  this  State,  or  of  New  York,  whose  road  may 
enter,  or  be  connected  with  the  road  of  this  corporation,  to  do  and 
perform  all  the  transportation  of  persons  and  property,  upon  and 
over  said  road  or  roads,  upon  such  terms  and  conditions,  as  may 
be  mutually  agreed  upon  by  the  parties  ;  and  said  corporation  may 
also  lease  or  sell  their  road,  to  any  such  railroad  company,  whose 
road  shall  enter  upon  or  be  connected  with  the  road  of  this  corpo- 
ration ;  or  may  consolidate  their  stock  with  the  stock  of  any  such 
railroad  company,  upon  such  terms  and  conditions  as  shall  be 
mutually  agreed  upon  by  the  respective  parties  :  Provided^  that 
the  company  to  which  the  road  of  this  corporation  may  be  sold,  or 
leased,  or  with  which  the  stock  of  this  corporation  may  be  con- 
solidated, shall  be  subject  to  the  provisions  of  this  Act,  so  far  as 
the  public  rights  respecting  said  road  are  concerned. 

Sect.  20.  This  corporation  may  unite  with  the  Saratoga  and 
Washington  Railroad  Company,  at  the  point  of  terminus  of  the 
road  of  said  Saratoga  and  Washington  Railroad  Company,  in  the 
west  line  of  this  State,  in  said  town  of  Fairhaven,  and  may  also 
enter  upon  the  road  of  the  Rutland  and  Burlington  Railroad  Com- 
pany, at  any  convenient  point  in  Rutland,  this  corporation  paying 
for  the  use  of  said  road,  or  any  part  thereof,  such  toll  or  compen- 
sation, as  the  respective  parties  may  agree  upon ;  and  in  case  of 
their  disagreement,  such  toll  or  compensation  as  the  legislature 
may  prescribe,  and  submitting  to  such  rules  and  regulations  of  the 


VERMONT.  683 

company  owning  such  roads,  as  to  give  no  unreasonable  advantage 
to  one  corporation  over  the  other. 

Sect.  21.  Tiiis  Act  shall  be  deemed  and  taken  to  be  a  Public 
Act,  and  construed  favorably  and  beneficially  for  all  the  purposes 
for  which  it  is  intended. 

Sect.  22.  The  said  corporation  may  extend  a  branch  or  branches 
of  their  road  to  the  town  of  Poultney,  whenever,  and  after,  the 
actual  location  of  said  road  is  finally  determined  upon. 

Sect.  23.  Said  corporation  shall  be  required  to  transport  upon 
their  said  road  the  United  States  mail,  by  their  regular  trips,  and, 
in  case  of  any  disagreement  between  said  corporation  and  the 
general  government,  touching  the  compensation  for  the  same,  the 
supreme  court  of  this  State,  shall,  on  application  of  either  party, 
define  and  establish  the  rates  of  compensation,  which  rates  shall  be 
binding  upon  the  parties,  until  altered  by  said  court  upon  similar 
application. 

Sect.  24.  Books  of  subscription  for  the  capital  stock  of  said 
corporation,  shall  be  kept  open,  at  least  ten  days,  by  the  commis- 
sioners named  in  section  four;  and  if,  at  the  expiration  often  days 
from  the  time  such  books  are  opened,  the  sum  of  one  hundred 
thousand  dollars  of  such  capital  stock  shall  have  been  subscribed, 
said  commissioners  may  close  said  books,  for  the  time  being,  and 
shall  proceed  to  organize  the  said  corporation,  agreeably  to  the 
provisions  of  this  Act ;  and  said  books  shall  thereafter  be  re-opened, 
by  said  commissioners  giving  notice  thereof  agreeably  to  the  pro- 
visions of  this  Act,  until  the  whole  of  said  capital  stock  shall  be 
subscribed  for :  Provided,  that,  in  case  the  whole  of  such  capital 
stock  shall  be  subscribed  for,  at  the  expiration  of  the  said  ten  days, 
said  commissioners  shall  not  be  required  to  re-open  said  books. 

Sect.  25.  Said  corporation  shall  cause  seasonable  and  proper 
notice  to  be  given  of  the  approach  of  any  locomotive  engine  upon 
their  road,  to  the  place  where  said  road  crosses  any  turnpike,  high- 
way, or  private  way,  upon  the  same  level  with  said  road,  and  shall 
cause  suitable  signs  to  be  placed  across  each  highway  or  turnpike, 
when  the  same  is  crossed  by  said  railroad,  upon  the  same  level 
therewith  ;  and  said  corporation  shall  be  liable  for  any  damages 
sustained  by  any  person,  by  reason  of  the  neglect  of  the  provisions 
of  this  section,  to  be  recovered  in  an  action  on  the  case,  by  the 
person  sustaining  such  damage. 

Sect.  26.  The  said  Rutland  and  Whitehall  Railroad  Company 
shall  be  subject  to  all   theduties,  liabilities,  restrictions,  and  pro- 


684  RUTLAND    AND   WHITEHALL   RAILROAD    COMPANY. 

visions,  which  may  hereafter  be  estabhshed  by,  or  contained  in 
any  general  law  of  this  State,  apphcable  to,  and  respecting  all  rail- 
road corporations  within  the  State,  not  inconsistent  with  the  pro- 
visions of  this  Act, 

Sect.  27.  The  said  Rutland  and  Whitehall  Railroad  Company 
may  commence  and  construct  their  said  road,  agreeably  to  the 
provisions  of  this  Act  of  incorporation,  only  from  some  point  in 
the  said  town  of  Castleton,  convenient  for  connecting  and  uniting 
with  the  Rutland  and  Washington  Railroad,  thence  west  through 
said  towns  of  Castleton,  Hydeville,  and  Fairhaven,  to  some  point 
in  the  west  line  of  this  State,  in  said  town  of  Fairhaven,  most 
convenient  for  uniting  with  the  Saratoga  and  Washington  Rail- 
road, agreeably  to  the  twentieth  section  of  this  Act :  Provided, 
that  the  said  Rutland  and  Washington  Railroad  Company  shall 
actually  lay  out  and  expend,  within  one  year  from  the  passage  of 
this  Act,  the  sum  of  ten  thousand  dollars  in  the  building  and  con- 
struction of  that  part  of  the  said  Rutland  and  Washington  Rail- 
road, extending  east  of  the  town  of  Castleton  :  Provided,  also, 
that  said  Rutland  and  Washington  Railroad  Company  shall  also, 
within  three  years  from  the  passage  of  this  Act,  complete  and  put 
in  order  for  use,  all  that  part  of  their  said  road  situated  east  of 
said  town  of  Castleton,  and  extending  to  the  point  of  connection 
with  the  Rutland  and  Burlington  Railroad,  as  is  provided  by  the 
charter  of  the  said  Rutland  and  Washington  Railroad  Company. 

Sect.  28,  This  corporation  may  unite  with  and  enter  upon  the 
road  of  the  Rutland  and  Washington  Railroad  Company,  at  any 
convenient  point  in  said  town  of  Castleton,  in  the  same  manner 
and  upon  the  same  terms  and  conditions,  specified  in  the  twentieth 
section  of  the  Act  of  incorporation,  of  the  said  Rutland  and  Wash- 
ington Railroad  Company,  authorizing  said  last  mentioned  com- 
pany to  connect  with  the  Champlain  and  Connecticut  River  Rail- 
road Company,  now  called  the  Rutland  and  Burlington  Railroad 
Company. 

Sect.  29.  In  case  the  said  Rutland  and  Washington  Railroad 
Company  shall  abandon  and  relinquish  their  said  road,  and  shall, 
within  one  year  from  the  passage  of  this  Act,  duly  notify  the  com- 
pany hereby  incorporated  thereof,  the  said  Rutland  and  Whitehall 
Railroad  Company,  shall,  within  six  months  after  such  notice,  pay 
to  the  said  Rutland  and  Washington  Railroad  Company,  the 
amount  of  their  just  and  reasonable  expenses,  arising  from  the 
preliminary  survey  of  their  said  road,  and  the  organization  of  their 


VERMONT.  685 

said  company,  in  this  State ;  and  in  case  of  a  disagreement  be- 
tween the  parties,  as  to  the  amount  of  such  expenses,  the  same 
shall  be  referred  to  the  determination  and  final  award  of  three  dis- 
interested arbitrators,  to  be  appointed  by  the  county  court  for  the 
county  of  Rutland,  on  the  proper  application  of  either  party,  for 
that  purpose.     Approved,  November  13,  18-18. 


THE  BENXIXGTOX  AND   BRATTLEBORO'   RAILROAD. 

INCORPORATED    IN    VERMONT    IN    1831. 

No.  4l\  of  the  Private  Acts  o/"  1831  co7itains  tJie  Charter. 

Sect.  1  appoints  the  persons  named  a  body  corporate,  -with  exclusive  power  to  con- 
struct a  railroad,  transport  persons  and  property  thereon,  and  to  do  all  necessary 
acts. 

Sect.  2  provides,  if  -within  three  years  they  do  not  commence  the  construction  of 
said  road  and  expend  thereon  $20,000,  or  within  ten  years  herefrom  complete  and 
put  in  operation  said  road,  that  this  Act  shall  be  void. 

Sect.  3  fixes  the  capital  stock  at  $100,000,  with  the  right  to  increase  it  to  $1,000,000, 
in  shares  of  $100  each. 

Sect.  4  names  Commissioners,  a  majority  of  whom  shall,  within  six  months  here- 
from, open  books  for  receiving  subscriptions  to  the  stock,  and  hold  a  meeting  for 
choice  of  Directors  and  certify  who  are  chosen,  and  fix  the  time  and  place  of  their 
first  meeting ;  the  Directors  shall  hold  annual  meetings,  and  may  cause  surveys  to 
be  made  and  locate  the  route,  and  maj'  make  alterations  therein,  if  necessary. 

Sect.  5  provides  that  the  Directors  shall  choose  a  President  and  Vice-President,  and 
may  fill  vacancies. 

Sect.  6  authorizes  the  election  to  be  held  on  a  day  subsequent  to  that  appointed,  if 
necessary. 

Sect.  7  defines  the  powers  and  duties  of  the  Directors,  and  authorizes  the  Commis- 
sioners to  enter  upon  and  take  lands  necessary  for  the  road,  first  pajing  damages, 
if  not  agreed,  to  be  assessed  as  therein  provided. 

Sect.  8  allows  to  either  party  the  right  of  appeal  from  such  assessment  to  the  County 
Court,  whose  decision  shall  be  final. 

Sect.  9  authorizes  the  Company  to  construct  a  railroad  on  the  route  designated,  and 
to  transport  persons  and  property  thereon ;  also  to  erect  necessary  buildings. 

Sect.  10  provides  that  the  road  may,  when  necessary,  intersect  or  cross  any  water- 
course or  highway,  if  they  properly  restore  them. 

Sect.  11  authorizes  the  Company  to  establish  rates  of  toll,  subject  to  revision  by  the 
Supreme  Court. 

Sect.  1 2  requires  them  to  publicly  exhibit  such  rates  of  toll. 

Sect.  13  provides,  if  any  person  wilfully  injure  said  railroad  or  appurtenances,  that 
he  shall  forfeit  to  the  Company  double  the  damages  sustained. 
58 


686         BENNINGTON   AND   BRATTLEBORO'    RAILROAD    COMPANY. 

Sect.  14  authorizes  the  Directors  to  prescribe  the  time  and  mode  of  paying  assess- 
ments on  shares,  subject  to  the  penalty  of  forfeiture  of  previous  payments. 

Sect.  15  requires  the  Secretary's  office  to  be  in  some  town  through  -which  the  rail- 
road passes. 


Laws  of  1831,  No.  41. 
An  Act  to  incorporate  the  Bennington  and  Brattleboro'  Railroad. 

Sect.  1.  It  is  hereby  enacted,  ^c.  That  Francis  Goodhue,  John 
Holbrook,  Jonathan  Hunt,  John  K.  Blake,  Gardiner  C.  Hall,  Wm. 
F.  Hall,  Charles  Chapin,  Paul  Chase,  Jonathan  D.  Bradley,  Elihu 
H.  Thomas,  Isaac  Doolittle,  Truman  Squires,  Stephen  Hinsdell, 
Henry  Kellogg,  James  Hubbell,  Pliny  Dewey,  Heman  Robinson, 
and  Samuel  H.  Blackmer,  with  such  other  persons  as  shall  asso- 
ciate with  them  for  that  purpose,  be,  and  hereby  are,  constituted  a 
body  politic  and  corporate,  by  the  name  of  the  Bennington  and 
Brattleboro'  Railroad  Company,  with  the  sole  and  exclusive  right 
and  power  to  construct  a  single  or  double  railroad,  or  way,  from 
some  suitable  place  on  the  west  line  of  Bennington,  to  such  point, 
at  or  near  the  east  line  of  Brattleboro'  or  Vernon,  as  shall  be  judged 
expedient  by  said  corporation,  to  transport,  take,  and  carry  persons 
and  property  upon  the  same,  by  power  and  force  of  steam,  of  ani- 
mals, or  of  any  mechanical  or  other  power,  or  of  any  combination 
of  them,  which  said  company  may  choose  to  employ  ;  and  by  that 
name,  they  and  their  successors  shall  be,  and  they  are,  hereby 
vested  with  the  sole  and  exclusive  right  and  privilege  of  construct- 
ing, erecting,  building,  making,  and  using,  a  single  or  double  rail- 
road or  ways,  for  the  purposes  aforesaid,  and  for  the  term  of  fifty 
years,  may  have  succession,  and  shall  be  persons  in  law  capable  of 
suing  and  being  sued,  of  pleading  and  being  impleaded,  in  all 
courts  of  law  and  equity,  and  in  all  manner  of  actions;  and  that 
they  and  their  successors  may  have  a  common  seal,  and  may 
change  and  alter  the  same  at  their  pleasure,  and,  by  vote  of  said 
corporation,  may  have  power  under  their  said  common  seal  to 
make  and  execute  any  agreement,  deed,  conveyance,  or  other 
instrument  in  writing,  in  relation  to  their  affairs  which  may  be 
necessary. 

Sect.  2.  That  if  the  corporation  hereby  created  shall  not,  within 
three  years  from  the  passage  of  this  Act,  commence  the  constructing 
of  said  railroad,  or  ways,  and  expend  at  least,  the  sum  of  twenty 


VERMONT.  687 

thousand  dollars  thereon ;  and  shall  not.  within  ten  years  from  the 
passage  of  this  Act,  construct,  finish,  and  put  in  operation  the  said 
single  or  double  railroad,  or  ways,  then  the  said  corporation  shall 
thenceforth  forever  cease,  and  this  Act  shall  be  null  and  void. 

Sect.  3.  That  the  capital  stock  of  said  company  shall  be  one 
hundred  thousand  dollars;  the  company  to  be  authorized  to  increase 
that  capital  to  such  an  amount  as  shall  be  necessary  to  complete 
said  railroad  or  ways,  and  furnish  the  carriages  to  run  thereon  ;  pro- 
vided, such  increase  shall  not  exceed  ten  hundred  thousand  dollars; 
which  shall  be  divided  into  shares  of  one  hundred  dollars  each, 
which  shall  be  deemed  personal  property,  and  attachable  by  due 
process  of  law,  a  copy  of  which,  duly  certified  by  the  officers  serv- 
ing the  same,  and  lodged  with  the  secretary  of  said  company,  shall 
be  holden  to  satisfy  the  judgment  which  may  be  recovered  in  such 
case,  and  transferable  in  such  manner  as  the  said  corporation  shall 
by  by-laws  direct. 

Sect.  4.  That  Lemuel  Whiting,  Epaphroditus  Seymour,  Gardi- 
ner C.  Hall,  Charles  H.  Hammond,  Noadiah  Swift,  David  Robin- 
son, Jun.,  Nathan  Hale,  Stephen  Ross,  and  S.  V.  S.  Wilder,  shall 
be  commissioners,  the  duty  of  whom,  or  a  majority  of  them,  it  shall 
be,  within  six  months  after  the  passing  of  this  Act,  at  some  suitable 
place  in  Bennington  and  Brattleboro',  and  such  other  places  as  said 
commissioners  may  think  proper,  to  open  books  to  receive  sub- 
scriptions to  the  capital  stock  of  said  corporation,  and  at  least 
thirty  days'  public  notice  shall  be  given  by  the  said  commissioners  of 
the  time  and  place  of  the  opening  of  such  books,  in  the  public  news- 
papers printed  at  Bennington  and  Brattleboro',  and  other  places,  if 
deemed  necessary ;  and  when  the  same  shall  be  subscribed,  said 
commissioners  shall  give  a  like  notice  for  a  meeting  of  the  stock- 
holders, at  such  time  and  place  as  said  commissioners,  or  a  major- 
ity of  them,  shall  appoint,  to  choose  thirteen  directors ;  and  such 
election  shall  be  then  and  there  made,  by  such  of  the  stockholders 
as  shall  attend  for  that  purpose,  either  in  person  or  by  lawful 
proxy ;  each  share  of  the  capital  stock  entitling  a  stockholder  to 
one  vote ;  and  the  said  commissioners  shall  be  inspectors  of  the 
first  election  of  the  directors  of  the  said  corporation,  and  shall 
certify  under  their  hands  the  names  of  those  duly  elected,  and 
deliver  over  the  subscription  books,  moneys,  and  property  of  said 
corporation,  to  the  said  directors,  and  the  time  and  place  of  holding 
the  first  meeting  of  the  directors  shall  be  fixed  by  the  said  commis- 
sioners; and  a  new  election  shall  be  made  annually,  at  such  time 


688  BENNINGTON   AND   BRATTLEBORO'    RAILROAD    COMPANY. 

and  place  as  the  board  of  directors  shall  appoint,  giving  twenty  days' 
notice  of  the  time  and  place  of  meeting  for  said  purpose,  by  publi- 
cation in  one  of  the  newspapers  published  in  each  of  the  counties  of 
Bennington  and  Windham,  which  election  shall  be  held  within  the 
state  of  Vermont.  And  the  said  directors  shall  have  power  to 
appoint  an  engineer,  or  engineers,  and  to  cause  such  examinations 
and  surveys  for  said  railroad  to  be  made,  as  may  be  necessary  to 
the  selection,  by  them,  of  the  most  advantageous  line,  course,  or 
way,  for  said  railroad,  from  the  place  of  commencement,  in  said 
Bennington,  or  Vernon,  as  they  shall  deem  advisable.  And  the 
said  directors,  or  a  majority  of  them,  shall,  after  such  examination 
and  surveys  shall  be  made,  select,  and  by  two  certificates  under 
their,  or  a  majority  of  their,  hands  and  seals,  designate  the  line, 
course,  or  way,  which  they  may  deem  the  most  advantageous  for 
said  railroad;  one  of  which  certificates  shall  be  filed  and  recorded 
in  the  office  of  the  clerk  of  the  county  court,  of  Bennington  county, 
and  one  in  the  oflice  of  the  clerk  of  the  county  court  of  Windham 
county  ;  which  line,  course,  or  way,  so  selected  and  certified,  shall 
be  deemed  the  line,  course  or  way  on  which  said  corporation  shall 
construct,  erect,  build,  or  make,  their  single  or  double  railroad  or 
way,  as  hereinafter  mentioned.  And  it  shall  be  lawful  for  said 
corporation,  if  they  shall  think  proper,  to  make  any  alterations, 
from  time  to  time,  between  the  said  west  line  of  Bennington,  and 
the  east  line  of  Brattleboro',  or  Vernon ;  which  said  alterations 
shall  be  recorded,  as  aforesaid;  the  expenses  of  all  which  surveys 
and  examinations,  and  all  manner  of  incidental  expenses  relating 
thereto,  shall  be  paid  by  said  corporation. 

Sect.  5.  That  the  said  directors,  to  be  chosen  at  such  meeting, 
or  annual  meeting,  shall,  as  soon  as  may  be,  after  every  election, 
choose  out  of  their  own  number,  one  president,  and  one  vice-presi- 
dent; in  case  of  the  death,  resignation,  or  absence  of  the  president, 
the  vice-president  shall  preside  until  the  next  annual  election 
thereafter,  or  until  another  president  shall  be  chosen  ;  and  in  case 
of  the  death  or  resignation  of  the  president  or  vice-president,  or  of 
any  director,  such  vacancy,  or  vacancies,  may  be  filled,  for  the 
remainder  of  the  year  wherein  they  may  happen,  by  the  board  of 
directors;  and  in  case  of  the  absence  of  the  president  and  vice- 
president,  the  board  of  directors  shall  have  power  to  appoint  a  presi- 
dent pro  tempore,  who  shall  have  and  exercise  such  powers  and 
functions  as  the  by-laws  of  said  corporation  may  provide. 

Sect.  6.  That  in  case  it  should  at  any  time  happen,  that  an 


VERMONT.  689 

election  of  directors  shall  not  be  made  on  any  day  when,  pursuant 
to  this  Act,  it  ought  to  have  been  made,  the  said  corporation  shall 
not,  for  that  cause,  be  deemed  to  be  dissolved,  but  such  election 
may  be  held  at  any  other  time,  directed  by  the  by-laws  of  the  said 
corporation. 

Sect.  7.  That  seven  directors  of  the  said  corporation  shall  form 
a  board,  and  they,  or  a  majority  of  them,  shall  be  competent  to 
transact  all  the  business  of  the  said  corporation ;  and  they  shall 
have  full  power  to  make  and  prescribe  such  by-laws,  rules,  and 
regulations,  as  to  them  shall  appear  needful  and  proper,  touching 
the  management  and  disposition  of  the  stock,  property,  estate,  and 
effects  of  the  said  corporation  ;  the  transfer  of  the  shares  ;  the 
duties  and  conduct  of  their  officers  and  servants,  and  election  of 
directors;  and  all  other  matters  whatsoever,  which  may  appertain 
to  the  concerns  of  the  said  corporation  ;  and  also  shall  have  power 
to  appoint  a  secretary,  and  as  many  clerks  and  servants  as  to  them 
shall  seem  proper,  and  to  establish  and  fix  such  salaries  and  allow- 
ances to  them,  and,  also,  to  the  president  and  vice  president,  as  to 
the  said  board  of  directors,  shall  appear  proper.  And  the  said  cor- 
poration are  hereby  authorized,  by  their  agents,  surveyors  and 
engineers,  to  enter  upon  such  route,  place  or  places,  to  be  desig- 
nated, as  aforesaid  by  the  said  directors,  as  the  line,  course,  road 
or  way,  whereon  to  construct  their  single  or  double  railroad  or 
ways;  audit  shall  be  lawful  for  said  corporation  to  enter  upon, 
and  take  possession  of,  and  use  all  such  lands,  and  real  estate,  as 
may  be  indispensable  for  the  construction  and  maintenance  of 
their  single  or  double  railroad  or  ways,  and  the  accommodations 
requisite  and  appertaining  to  them  ;  and  may,  also,  receive,  hold 
and  take  all  such  voluntary  grants  and  donations  of  land,  and  real 
estate,  as  shall  be  made  to  the  said  corporation,  to  aid  in  the  con- 
struction, maintenance  and  accommodation  of  the  said  single  or 
double  railroad  or  ways  :  Provided^  That  all  lands  and  real  estate 
thus  entered  and  taken  possession  of,  and  used  by  the  said  corpo- 
ration, and  which  are  not  donations,  shall  be  purchased  by  the 
said  corporation,  and  of  the  owner  or  owners  of  the  same,  at  a 
price  to  be  mutually  agreed  upon  between  them  ;  and  in  case  of  a 
disagreement  of  price,  and  before  the  making  of  any  portion  of  the 
road  upon  said  land,  it  shall  be  the  duty  of  the  judges  of  the 
supreme  court  to  appoint  three  commissioners,  who  shall  be  per- 
sons not  interested  in  the  matters  to  be  determined  by  them,  to 
determine  the  damages  which  the  owner  or  owners  of  the  land  or 
58* 


690         BENNINGTON   AND    BRATTLEBORO'    RAILROAD    COMPANY. 

real  estate,  so  entered  upon  by  the  said  corporation,  may  have  sus- 
tained, or  shall  be  Ukely  to  sustain,  by  the  occupation  of  the  same  ; 
and  upon  payment  of  such  damages,  together  with  the  costs  and 
charges  attending  the  appraisement,  by  the  said  corporation,   the 
said  commissioners  being  allowed  four  dollars  each,  per  day,  while 
thus  employed  ;  or,  upon  said  corporation  depositing  in  the  bank  of 
Bennington,  or  Brattleboro',  the  amount  of  such  damages,  together 
with  the  costs  and  charges  aforesaid,  to  the  credit  of  the  person,  or 
persons,  to   whom  the  commissioners  may  have  awarded  them, 
the  proper  officers  of  said  banks  giving  notice  to  such  person,  or 
persons,  by  letter,  or  otherwise,  of  such  deposit  being  made  by  said 
corporation  ;  then  the  said  corporation  shall  be  deemed  to  be  seised 
and  possessed  of  such  land  or  real  estate,   as  shall  have  been 
appraised  by  said  commissioners.     And  it  shall  be  the  duty  of 
said  commissioners  to  give  fifteen  days'  notice,  of  the  time  and 
place   of  such    appraisement,  to   be   given    to    the   occupants   or 
owners  of  the  land  to  be  appraised,  and  after  such  appraisement, 
to  deliver  to  said  corporation  a  written  statement  of  the  award,  or 
awards,  they  shall  make,  with  a  description  of  the  land  or  real 
estate,  appraised,  to  be  recorded  by  said  corporation,  in  the  office 
of  the  town  clerk,  where  said  lands  lie ;  and  in  case  any  owner, 
or  owners,  of  land,  or  real  estate,  taken  by  said  corporation,  shall 
be  married  women,  infants,  idiots  or  insane,  or  shall  reside  out  of 
this  state,  then  and  in  such  case,  said  corporation  shall  cause  the 
damages  sustained  by  such  owners  to  be  determined  in  the  manner 
above  prescribed,  and  shall  pay  the  amount  of  such  last  mentioned 
damages,  into  the  Bank  of  Bennington,  or  Brattleboro',  to  the  credit 
of  such  persons. 

Sect.  8.  That  should  the  corporation,  or  the  owner  of  any  real 
estate,  land  or  materials,  feel  themselves  aggrieved  by  the  decision 
of  the  commissioners  aforesaid,  either  party  may,  within  ninety 
days  from  the  making  of  such  decision,  and  notice  thereof,  or  from 
the  removal  of  the  disabilities  in  the  preceding  section  mentioned, 
or  from  the  return  of  such  non-resident  to  this  state,  appeal  to  the 
county  court,  in  the  county  where  such  lands  or  other  property  lie; 
and  the  decision  of  said  court  shall  be  final  and  conclusive,  and 
said  court  shall  tax  cost  for  or  against  either  party,  as  shall  by  said 
court,  be  deemed  just  and  equitable. 

Sect.  9.  That  the  said  corporation  is,  hereby,  authorized  to  con- 
struct, erect,  build,  make  and  use,  a  single  or  double  railroad,  or 
way,  of  a  suitable  width  and  dimensions,  to  be  determined  by  said 


VERMONT.  C91 

corporation,  on  the  line,  course  or  way  designated  by  the  directors, 
as  aforesaid,  as  the  line,  course  or  way,  whereon  to  construct, 
erect,  build  and  make  the  same ;  and  shall  have  power  to  regulate 
the  time  and  manner  in  which  goods  and  passengers  shall  be 
transported,  taken,  and  carried  on  the  same;  and  shall  have  power 
to  erect  and  maintain  toll-houses  and  other  buildings,  for  the 
accommodation  of  their  concerns,  as  they  may  deem  suitable  to 
their  interests. 

Sect.  10.  That  whenever  it  shall  be  necessary  for  the  construc- 
tion of  their  said  single,  or  double,  railroad,  or  way,  to  intersect  or 
cross  any  stream  of  water,  or  watercourses,  or  any  road,  or  high- 
way lying  betwixt  the  places  prescribed  by  this  Act,  it  shall  be 
lawful  for  said  corporation  to  construct  their  single  or  double  rail- 
road, or  way,  across  or  upon  the  same,  provided  that  said  corpora- 
tion shall  restore  the  stream,  or  watercourses,  or  road  or  highway, 
thus  intersected,  to  its  former  state,  or  in  a  sufficient  manner  not 
to  impair  its  usefulness ;  and  shall  moreover  erect  and  maintain 
sufficient  fences  upon  the  line  of  the  route  of  their  single  or  double 
railroad  or  ways  :  Provided  nevertheless,  That  nothing  in  this 
Act  contained  shall  be  construed  to  prevent  the  crossing  of  such 
railroad,  or  ways,  with  teams,  or  otherwise  in  such  manner  as 
shall  be  calculated  not  to  injure  the  same. 

Sect.  11.  That  it  shall  be  lawful  for  the  company,  hereby  incor- 
porated, from  time  to  time,  to  fix,  regulate  and  receive  the  tolls  and 
charges  by  them  to  be  received,  for  transportation  of  property,  or 
persons,  on  said  single,  or  double  railroad,  or  way,  hereby  autho- 
rized to  be  constructed,  erected,  built,  made  and  used :  Provided 
however^  That  the  supreme  court,  at  any  stated  session  of  said 
court,  to  be  holden  in  either  of  the  counties  of  Windham  or  Ben- 
nington, on  application  of  any  ten  freeholders  in  any  town,  or 
towns,  through  which  said  railroad  may  pass,  may  alter  or  estab- 
lish the  rate,  or  rates,  of  toll,  and  price  of  transportation,  upon 
said  railroad,  for  a  term  of  time,  not  exceeding  ten  years  at  any 
one  time,  and  in  such  a  manner,  that  said  corporation  shall  not 
receive  less  than  twelve  per  cent,  per  annum,  on  the  amount  of  the 
capital  stock,  and  all  charges  and  expenses  of  said  corporation. 

Sect.  12.  That  the  said  corporation  shall  keep  constantly  exposed 
to  view,  at  all  places  where  they  shall  have  toll  houses,  or  gates, 
and  at  public  places  where  they  may  receive  passengers,  or 
freight,  a  sign  or  hand-bill,  with  the  rates  of  toll,  or  charge,  legibly 
printed  or  written. 


692  VERMONT  RAILROAD   COMPANY. 

Sect.  13,  That  if  any  person  or  persons,  shall  wilfully  do,  or 
cause  to  be  done,  any  act  or  acts,  whatever,  whereby  any  building, 
construction,  or  work  of  the  said  corporation,  or  any  engine, 
machine,  or  structure,  or  any  matter  or  thing  appertaining  to  the 
same,  shall  be  stopped,  obstructed,  impaired,  weakened,  injured, 
or  destroyed,  the  person  or  persons  so  offending  shall  forfeit  and 
pay  to  the  said  corporation,  double  the  amount  of  the  damages 
sustained  by  means  of  such  offence,  or  injury,  to  be  recovered  in 
the  name  of  said  corporation,  in  an  action  of  debt,  with  costs  of  suit. 

Sect.  14.  That  it  shall  be  lawful  for  the  directors,  or  a  majority 
of  them,  to  require  payment  of  the  sums  to  be  subscribed  to  the 
capital  stock,  at  such  times  and  in  such  proportions,  and  on  such 
conditions,  as  they,  or  a  majority  of  them,  shall  deem  fit,  under 
the  penalty  of  the  forfeitures  of  all  previous  payments  thereon; 
and  shall  give  notice  of  the  payments  thus  required,  and  of  the 
place  and  time  when  the  same  are  to  be  paid,  at  least  thirty  days 
previous  to  the  payment  of  the  same,  in  a  public  newspaper  printed 
in  Bennington  and  in  Brattleboro',  and  in  such  other  places  and  in 
such  other  manner  as  said  directors  shall  think  proper :  said  publi- 
cations to  be  made  three  weeks  successively. 

Sect.  15.  That  the  ofHce  of  secretary  of  said  corporation  shall 
be  kept  within  this  State,  in  some  town  through  which  said  rail- 
road may  pass.     Passed,  November  9,  1831. 


VERMONT  RAILROAD    COMPANY. 

INCORPORATED    IN   VERMONT    IN    1832. 

No.  32  of  the  Private  Laws  of  1832  contains  the  Charter. 

Sect.  1  constitutes  certain  persons  and  their  associates  a  body  corporate,  with  power 
to  construct  a  railroad  on  the  route  described,  to  transport  persons  and  property 
thereon,  and  to  do  other  necessary  acts. 

Sect.  2  provides,  if  within  three  years  herefrom  the  survey  be  not  completed,  and 
within  ten  years  herefrom  one  fourth  of  the  road,  and  within  fifteen  years  here- 
from one  half  thereof,  and  within  twenty  years  herefrom  the  whole  road  be  not 
completed  and  put  in  operation,  that  this  Act  shall  be  void. 

Sect.  3  fixes  the  capital  stock  at  $1,000,000,  with  the  right  to  increase  it,  if  necessary, 
to  be  divided  into  shares  of  .$100  each;  such  shares  shall  be  transferable,  and 
may  be  attached  in  the  manner  prescribed. 

Sect.  4  appoints  commissioners  to  open  books  for  receiving  subscriptions  to  the 
stock ;  five  dollars  must  be  paid  on  each  share,  when  subscribed  for ;  they  shall 


VERMONT.  .      693 

also  call  a  meeting,  as  provided,  for  choice  of  Directors,  shall  preside  at  such  meet- 
ing, and  determine  who  are  chosen ;  such  election  shall  be  held  annually ;  the 
DirectoPB  may  cause  surveys  to  be  made,  and  locate  the  route  of  the  road. 

Sect.  5  provides  that  the  Directors  may  choose  officers  and  fill  vacancies. 

Sect.  6  authorizes  the  election  of  officers  to  be  held  on  a  day  other  than  that 
appointed,  if  necessary. 

Sect.  7  defines  the  powers  and  duties  of  the  Directors  ;  it  authorizes  the  Company 
to  enter  upon  and  take  lands  necessary  for  the  route,  first  paying  damages,  if  not 
agreed,  to  be  assessed  as  therein  provided. 

Sect.  8  gives  to  either  party  the  right  of  appeal  from  said  assessment,  to  the  County 
Court,  -whose  decision  shall  be  final ;  particular  directions  being  given  as  to  the 
damages  assessed  to  the  Winooski  Turnpike  Company. 

Sect.  9  empowers  the  Company  to  construct  said  railroad  on  the  route  designated, 
to  prescribe  the  mode  of  transportation,  and  to  erect  necessary  buildings. 

Sect.  10  pro-sades  that  said  road  may  be  constructed  so  as  to  intersect  or  cross  any 
watercourse  or  highway,  if  necessary,  the  same  being  properly  restored. 

Sect.  11  authorizes  the  Company  to  regulate  the  rates  of  toll,  subject  to  revision  by 
the  Supreme  Court. 

Sect.  12  requires  them  to  publicly  post  said  rates  of  toll. 

Sect.  13  provides,  if  any  person  wilfully  injure  said  railroad  or  appiirtenances,  that 
he  shall  forfeit  to  the  Company  double  the  damages  sustained. 

Sect.  14  authorizes  the  Directors  to  prescribe  the  time  and  mode  of  paying  assess- 
ments on  shares,  subject  to  forfeiture  of  previous  payments. 

Sect.  15  requires  the  office  of  the  Secretary,  or  Clerk,  to  be  in  some  town  through 
which  the  railroad  may  pass. 

Sect.  16  authorizes  the  Directors  to  change  the  location  of  the  road,  if  necessary. 

Sect.  17  empowers  the  Company  to  enter  upon  lands  near  the  railroad  to  procure 
materials,  paying  damages  to  be  assessed  as  before  provided. 

No.  50  of  the  Private  Acts  of  1833  extends  the  limitations  of  time  one  year  herefrom. 


Laws  of  1832,  No.  32. 
An  Act  to  incorporate  the  Vermont  Railroad  Company. 

Sect.  1.  li  is  hereby  enacted,  4*c.  That  Timothy  Follett,  .Tohn 
N.  Pomeroy,  John  Peck,  Luther  Loomis,  Harry  Bradley,  John 
Johnson,  Henry  Thomas,  Samuel  Prentiss,  Timothy  Hubbard, 
Thomas  Reed,  junior,  Eiisha  P.  Jewett,  Dan  Carpenter,  John 
Spaldmg,  Joseph  Reed,  Joshua  Y.  Vail,  Daniel  Baldwin,  Araunah 
Waterman,  Oramel  H.  Smith,  Ezekiel  P.  Walton,  George  W.  Hill, 
William  Upham,  Isaac  N.  Cushman,  John  McDuffie,  David  John- 
son, Jacob  Collamer,  Ira  Day,  John  Downer,  Charles  Paine,  Jona- 
than Jenness,  William  Atkinson,  Amplius  Blake,  Jedediah  H. 
Harris,  and  George  W.  Prichard,  with  such  other  persons  as  shall 


694  VERMONT  RAILROAD    COMPANY. 

associate  with  them  for  that  purpose,  are  hereby  constituted  a 
body  politic  and  corporate,  by  the  name  of  the  Vermont  Railroad 
Company,  with  the  exclusive  right  and  power  to  construct  a  single, 
double,  or  treble  railroad,  or  way,  from  some  eligible  point  on  the 
eastern  shore  of  Lake  Champlain  ;  thence  following  the  valley  of 
Onion  River,  and  extending  to  such  point  on  Connecticut  River,  as 
will  most  conveniently  meet  the  railroad,  contemplated  in  New 
Hampshire,  to  pass  by  Concord,  towards  Boston ;  to  transport, 
take,  and  carry  property  and  persons,  upon  the  same,  by  the  power 
and  force  of  steam,  of  animals,  or  of  other  mechanical,  or  other  pow- 
er, or  of  any  combination  of  them,  which  the  said  company  may 
choose  to  employ ;  and  by  that  name,  they,  and  their  successors, 
shall  be,  and  they  are,  hereby,  vested  with  the  sole  and  exclusive 
right  and  privilege  of  constructing,  erecting,  building,  making,  and 
using,  a  single,  double,  or  treble  railroad,  or  way,  for  the  purposes 
aforesaid ;  and  for  the  term  of  fifty  years  may  have  succession ; 
and  by  their  corporate  name  aforesaid,  may  sue  and  be  sued,  plead 
and  be  impleaded,  in  all  courts  of  law  and  equity,  and  in  all  man- 
ner of  actions ;  and  that  they  and  their  successors  may  have  a 
common  seal,  and  may  change  and  alter  the  same  at  pleasure. 

Sect.  2.  That  if  the  said  corporation,  hereby  created,  shall  not, 
within  three  years  from  the  passage  of  this  Act,  complete  the  sur- 
vey of  said  railroad,  or  way  ;  and  shall  not,  within  ten  years  from 
the  passage  of  this  Act,  construct,  finish,  and  put  in  operation  one 
fourth  part  of  the  said  railroad,  or  way,  and  shall  not,  within  fif- 
teen years  from  the  passage  of  this  Act,  construct,  finish,  and  put 
in  operation  one  half  of  the  said  railroad,  or  way,  and  shall  not, 
within  twenty  years  from  the  passage  of  this  Act,  complete  and 
put  in  operation  the  whole  of  the  said  railroad,  or  way  ;  or  in  the 
event  of  a  failure  by  the  company  to  construct  the  parts  of  the 
said  road  within  either  of  the  times  above  mentioned,  then  the 
rights,  privileges,  and  powers  of  the  said  corporation,  under  this 
Act,  shall  be  null  and  void. 

Sect.  3.  That  the  capital  stock  of  said  company  shall  be  one 
million  of  dollars,  which  shall  be  divided  into  shares  of  one  hun- 
dred dollars  each  ;  and  the  said  company  are  hereby  authorized  to 
increase  the  capital  to  such  an  amount  as  shall  be  necessary  to 
complete  said  road,  or  ways,  and  to  furnish  the  carriages  to  run 
thereon,  which  shall  also  be  divided  into  additional  shares  of  one 
hundred  dollars  each ;  and  the  shares  in  said  company  shall  be 
deemed  personal  property,  and  transferable  in  such  manner  as  the 


VERMONT.  695 

said  corporation  shall,  by  their  by-laws,  direct ;  and  when  any 
share  or  shares  shall  be  attached  on  mesne  process,  the  officer 
serving  the  same,  shall  leave  with  the  secretary  or  clerk  of  said 
corporation,  an  attested  copy  of  such  process,  with  his  doings 
thereon ;  and  such  share  or  shares  may  be  taken  and  sold  on  exe- 
cution, in  the  same  manner  as  is,  or  may  be,  provided  for  the  sale 
of  other  personal  estate  ;  the  purchaser  causing  an  attested  copy  of 
the  execution,  and  the  officer's  return  thereon,  to  be  left  with  the 
secretary  or  clerk  of  said  corporation,  within  twenty  days  after 
such  sale,  and  paying  for  recording  the  same  ;  which  shall  pass  to 
the  purchaser  all  the  right  of  the  stockholder,  for  whose  debt  the 
same  was  sold,  in  such  share  or  shares.  And  whenever  any  offi- 
cer, duly  authorized  therefor,  shall  appear  at  the  office  of  the  sec- 
retary or  clerk  of  said  corporation,  for  the  purpose  of  making  an 
attachment  of  any  share  or  shares  in  said  corporation,  owned  by 
any  debtor,  or  for  the  purpose  of  levying  execution  thereon,  it 
shall  be  the  duty  of  the  secretary  or  clerk  to  produce  to  such  offi- 
cer, the  books  of  said  corporation  so  far  as  to  enable  such  officer  to 
ascertain  the  number  of  shares  owned  by  the  debtor,  and  to  give 
to  such  officer  a  certificate,  under  his  hand,  in  his  official  capacity, 
certifying  the  number  of  shares  owned  by  such  debtor,  with  the 
dividends  due  thereon,  and  the  lien  of  the  corporation  on  such 
share  or  shares. 

Sect.  4.  That  John  N.  Pomeroy  and  Luther  Loomis,  of  Bur- 
lington;  John  Spalding  and  Timothy  Hubbard,  of  Montpelier; 
George  W.  Prichard,  of  Bradford ;  John  Downer,  of  Sharon,  and 
Amplius  Blake,  of  Chelsea,  be,  and  they  hereby  are,  appointed 
commissioners,  whose  duty  it  shall  be,  within  the  period  of  one 
year  after  the  passing  of  this  Act,  at  some  suitable  places  in  Mont- 
pelier and  Burlington,  and  such  other  places  as  they  may  deem 
proper,  to  open  books  to  receive  subscriptions  to  the  capital  stock 
of  said  corporation;  and  not  less  than  thirty  days'  notice  shall  be 
given  by  the  said  commissioners,  of  the  time  and  place  of  opening 
such  books,  by  publishing  the  same  in  one  or  more  of  the  public 
newspapers  printed  in  such  place  or  places  as  the  said  commission- 
ers shall  think  proper ;  and  any  two  of  said  commissioners  shall 
constitute  a  board  for  receiving  subscriptions ;  and  each  subscriber 
shall,  at  the  time  of  subscribing,  pay  over  to  said  commissioners 
the  sum  of  five  dollars  on  each  share  for  which  he  may  subscribe ; 
and  each  subscriber  shall  thereby  become  a  member  of  said  corpo- 
ration ;  and  when  one  thousand  shares  shall  have  been  subscribed, 


696  VERMONT   RAILROAD    COMPANY. 

or  as  soon  thereafter  as  the  commissioners  shall  deem  proper,  it 
shall  be  the  duty  of  said  commissioners  to  give  a  like  notice  for  a 
meeting  of  the  stockholders,  at  such  time  and  place  as  the  said 
commissioners,  or  a  majority  of  them,  shall  appoint,  to  choose 
seven  directors ;  and  such  election  shall  then  and  there  be  made, 
by  such  of  the  stockholders  as  shall  attend  for  that  purpose,  either 
in  person  or  by  lawful  proxy,  each  share  of  the  capital  stock  enti- 
tling a  stockholder  to  one  vote ;  and  the  said  commissioners  shall 
be  inspectors  of  the  first  election  of  directors  of  said  corporation, 
and  shall  certify,  under  their  hands,  the  names  of  those  duly 
elected,  and  deliver  over  to  the  said  directors  the  subscription 
books,  and  the  sums  of  money  deposited  with  them,  on  the  shares 
subscribed  as  aforesaid  :  and  the  time  and  place  of  holding  the  first 
meeting  of  the  directors  shall  be  fixed  by  the  said  commissioners; 
and  a  new  election  shall  be  made  annually,  at  such  time  and  place 
as  the  board  of  directors  shall  appoint,  giving  thirty  days'  notice  of 
the  time  and  place  of  meeting  for  said  purpose,  by  publication  in 
the  newspapers  printed  in  Montpelier,  and  such  other  places  as 
they  may  deem  proper.  And  the  said  directors  shall  have  power 
to  appoint  one  or  more  engineers,  and  to  cause  such  examinations 
and  surveys  for  the  said  railroad  to  be  made,  as  may  be  necessary 
to  the  selection  by  them,  or  a  majority  of  them,  of  the  most  advan- 
tageous line,  course,  or  way,  for  the  said  road,  from  some  eligible 
point  on  the  eastern  shore  of  Lake  Champlain ;  thence  following 
the  valley  of  Onion  River,  and  extending  to  such  point  on  Connect- 
icut River,  as  will  most  conveniently  meet  the  railroad  contem- 
plated in  New  Hampshire,  to  pass  by  Concord  towards  Boston,  as 
they  shall  think  proper.  And  the  said  directors,  or  a  majority  of 
them,  shall,  after  such  examinations  and  surveys  shall  be  made, 
select,  and  by  certificates  under  their,  or  a  majority  of  their  hands 
and  seals,  designate  the  line,  course,  or  way,  which  they,  or  a 
majority  of  them,  may  deem  most  advantageous  for  the  said  rail- 
road through  said  town  ;  one  of  which  certificates  shall  be  recorded 
in  the  office  of  the  town  clerk  in  each  of  the  towns  through  which 
the  said  railroad  passes ;  which  line,  course,  or  way,  so  selected 
and  certified,  shall  be  deemed  the  line,  course,  or  way  on  which 
the  said  corporation  shall  construct,  erect,  build,  or  make  their  sin- 
gle, double,  or  treble  railroad  or  ways,  as  hereinafter  mentioned; 
the  expenses  of  all  which  surveys  and  examinations,  and  all  man- 
ner of  incidental  expenses  relating  thereto,  shall  be  paid  by  the 
said  corporation. 


VERMONT.  697 

Sect.  5.  That  the  said  directors  to  be  chosen  at  such  meeting, 
or  at  such  annual  election,  shall,  as  soon  as  may  be,  after  every 
election,  choose  out  of  their  own  number,  one  president,  and  one 
other  person  to  be  vice  president  ;  and  in  case  of  the  death,  resig- 
nation, or  absence  of  the  president,  the  vice  president  shall  preside 
until  the  next  annual  election  thereafter,  or  until  another  president 
shall  be  chosen ;  and  in  case  of  the  death  or  resignation  of  the 
president  or  vice  president,  or  of  any  director,  such  vacancy  or 
vacancies  may  be  filled,  for  the  remainder  of  the  year  wherein 
they  may  happen,  by  the  board  of  directors  ;  and  in  case  of  the 
absence  of  the  president,  the  board  of  directors  shall  have  power  to 
appoint  a  president  pro  tempore,  who  shall  have  and  exercise  such 
powers  and  functions  as  the  by-laws  of  the  said  corporation  may 
provide. 

Sect.  6.  That  in  case  it  should,  at  any  time,  happen  that  an 
election  of  directors  shall  not  be  made  on  any  day,  when  pursuant 
to  this  Act  it  ought  to  have  been  made,  the  said  corporation  shall 
not,  for  that  cause,  be  deemed  to  be  dissolved,  but  such  election 
may  be  held  at  any  other  time,  directed  by  the  by-laws  of  said  cor- 
poration. 

Sect.  7.  That  five  directors  shall  form  a  board,  and  they,  or  a 
majority  of  them,  shall  be  competent  to  transact  all  the  business 
of  said  corporation ;  and  they  shall  have  full  power  to  make 
and  prescribe  such  by-laws,  rules  and  regulations,  as  to  them 
shall  appear  needful  and  proper,  touching  the  management  and 
disposition  of  the  stock,  property,  estate  and  effects  of  said  cor- 
poration, the  transfer  of  shares,  and  touching  the  duties  and  con- 
duct of  their  officers  and  servants,  and  the  election  of  directors, 
and  all  other  matters  whatsoever,  which  may  appertain  to  the  con- 
cerns of  the  said  corporation  ;  and  also  shall  have  power  to  appoint 
a  secretary  and  treasurer,  and  as  many  clerks  and  servants  as  to 
them  shall  seem  meet,  and  to  establish  and  fix  such  salaries  and 
allowances  to  them,  and  also  to  the  president  and  vice  president, 
as  to  the  said  board  shall  appear  proper.  And  said  corporation 
are  hereby  authorized,  by  their  agents,  surveyors,  and  engineers, 
to  enter  upon  such  route,  place  or  places,  to  be  designated,  as  afore- 
said by  the  said  directors,  as  the  line,  course,  road  or  way,  whereon 
to  construct  their  single,  double  or  treble  railroad  or  ways  ;  and  it 
shall  be  lawful  for  the  said  corporation  to  enter  upon  and  take  pos- 
session of,  and  use  all  such  lands,  and  real  estate,  as  may  be  indis- 
pensable for  the  construction   and  maintenance  of  their  single, 

59 


698  VERMONT  RAILROAD    COMPANY. 

double,  or  treble  railroad  or  ways,  and  the  accommodation  requi- 
site and  appertaining  to  them ;  and  may  also  receive,  hold,  and 
take  all  such  voluntary  grants  and  donations  of  land,  and  real 
estate,  as  shall  be  made  to  the  said  corporation,  to  aid  in  the  con- 
struction, maintenance,  and  accommodation  of  the  single,  double, 
or  treble  railroad  or  ways  :  Provided,  that  all  lands  or  real  estate 
thus  entered  and  taken  possession  of,  and  used  by  the  said  corpo- 
ration, and  which  are  not  donations,  shall  be  purchased  by  the 
said  corporation,  and  of  the  owner  or  owners  of  the  same,  at  a 
price  to  be  mutually  agreed  upon  between  them ;  and  in  case  of  a 
disagreement  of  price,  and  before  the  making  of  any  portion  of  the 
road  upon  said  land,  it  shall  be  the  duty  of  the  judges  of  the 
supreme  court  of  this  State  to  appoint  three  commissioners,  who 
shall  be  persons  not  interested  in  the  matters  to  be  determined  by 
them,  to  determine  the  damages  which  the  owner  or  owners  of  the 
land  or  real  estate,  so  entered  upon  by  the  said  corporation,  may 
have  sustained,  or  shall  be  likely  to  sustain,  by  the  occupation  of 
the  same ;  and  upon  the  payment  of  such  damages,  together  with 
the  costs  and  charges  attending  the  appraisement,  by  the  said  cor- 
poration, the  said  commissioners  being  allowed  three  dollars  each, 
per  day,  while  thus  employed  ;  or,  upon  said  corporation  deposit- 
ing in  the  bank  of  Montpelier,  the  amount  of  such  damages, 
together  with  the  costs  and  charges  aforesaid,  to  the  credit  of  the 
person  or  persons  to  whom  the  commissioners  may  have  awarded 
them,  the  proper  officers  of  the  said  bank  giving  notice  to  such  per- 
son or  persons,  by  letter,  of  such  deposit  being  made  by  said  corpo- 
ration ;  then  the  said  corporation  shall  be  deemed  to  be  seized  and 
possessed  of  all  such  lands  or  real  estate  as  shall  have  been 
appraised  by  said  commissioners.  And  it  shall  be  the  duty  of  said 
commissioners  to  give  fifteen  days'  notice  of  the  time  and  place  of 
such  appraisements,  to  be  given  to  the  occupants  or  owners  of  the 
land  to  be  appraised ;  and  after  such  appraisement,  to  deliver  to 
the  said  corporation  a  written  statement  of  the  award  or  awards, 
they  shall  make,  with  a  description  of  the  land  or  real  estate 
appraised,  and  which  shall,  within  sixty  days,  be  recorded  by  the 
said  corporation,  in  the  clerk's  office  of  the  town  where  such  land 
or  real  estate  may  lie ;  and  in  case  any  owner  or  owners  of  land  or 
real  estate,  taken  by  said  company,  shall  be  married  women, 
infants,  idiots,  or  insane,  or  shall  reside  out  of  this  State,  then,  and 
in  such  case,  the  said  corporation  shall  cause  the  damages  sustain- 
ed by  such  owners  to  be  determined  in  the  manner  above  pre- 


VERMONT.  699 

scribed,  and  shall  pay  the  amount  of  such  last  mentioned  dama- 
ges, to  the  said  last  mentioned  owners  respectively,  whenever  the 
same  shall  be  lawfully  demanded,  together  with  the  interest,  at 
the  rate  of  six  per  centum  per  annum ;  which  said  amount  and 
interest,  shall  be  a  specific  lien  on  the  real  estate  of  said  corpora- 
tion, and  shall  have  a  preference  to  any  other  demand  against  said 
corporation. 

Sect.  8.  That  should  the  corporation,  or  the  owner  of  any  real 
estate,  land,  or  materials,  feel  themselves  aggrieved  by  the  decis- 
ion of  the  commissioners  aforesaid,  either  party  may,  within  ninety 
days  from  the  making  such  decision  and  notice  thereof,  or  from 
the  removal  of  the  disabilities  in  the  preceding  section  mentioned, 
or  from  the  return  of  such  non-resident  to  this  State,  appeal  to  the 
county  court  of  the  county  where  such  lands  or  other  property  lie  ; 
and  the  decision  of  the  said  court  shall  be  final  and  conclusive ; 
and  said  court  shall  tax  costs  for  or  against  either  party,  as  they 
shall  judge  just  and  equitable :  Provided,  that  to  adjust  and  settle 
the  damage,  injury,  and  loss  which  the  construction  of  the  said 
corporation's  railroad  through  the  valley  of  Onion  River  may  be, 
or  occasion,  to  the  Winooskie  Turnpike  Company,  the  judges  of 
the  supreme  court,  on  application,  shall  appoint  a  disinterested 
committee,  who,  after  giving  notice  to  the  treasurers  of  both  corpo- 
porations,  of  the  time  they  will  attend  to  the  duties  of  their 
appointment,  shall,  on  examining  the  charter,  books,  and  road  of 
said  turnpike  company,  appraise  said  company's  road  and  char- 
tered privileges,  at  their  actual  value,  in  cash,  without  reference  to 
the  cost  of  the  same,  or  the  privileges  granted  by  this  Act,  and 
deliver  a  certified  statement  of  their  appraisal  to  the  treasurer  of 
said  turnpike  company,  and  also  to  the  treasurer  of  said  railroad 
corporation,  which  said  appraisal  shall  be  caused  to  be  made  by 
said  railroad  corporation,  previous  to  the  commencement  of  laying 
their  rails,  in  any  part  of  the  valley  of  Onion  River.  And  said  rail- 
road corporation  shall  pay,  in  cash,  to  the  several  shareholders  in. 
said  turnpike  company,  who  may  thereafter  deliver  to  the  treas- 
urer of  said  corporation,  a  regular  assignment  of  their  shares  to 
said  corporation,  such  proportion  of  said  appraised  value  of  said 
company's  property  and  privileges,  as  they  may,  respectively,  be 
entitled  to  by  the  number  of  shares  owned  by  each,  when  meas- 
ured by  the  whole  number  of  shares  in  said  company.  And  said 
corporation  are  authorized  to  hold  said  shares,  so  assigned,  and 
vote  on  the  same,  by  its  treasurer,  at  all  meetings  of  said  turnpike 


700  VERMONT   RAILROAD    COMPANY. 

company,  or  sell  and  assign  the  same  at  pleasure.  And  on  com- 
pliance with  this  provision,  said  company  shall  be  subject  to  no 
damages  or  liabilities  to  said  turnpike  corporation,  excepting  such 
as  are  hereafter  provided  for  in  the  tenth  section  of  this  Act. 

Sect.  9.  That  the  said  corporation  is  hereby  authorized  to  con- 
struct, erect,  build,  make,  and  use  a  single,  double,  or  treble  rail- 
road, or  ways,  of  suitable  width  and  dimensions,  to  be  determined 
by  the  said  corporation,  on  the  line,  course  or  way,  designated  by 
the  directors,  aforesaid,  as  the  line,  course  or  way  whereon  to  con- 
struct, erect,  build  and  make  the  same,  and  shall  have  power  to. 
regulate  the  time  and  manner  in  which  goods  and  passengers  shall 
be  transported,  taken  and  carried  on  the  same ;  and  shall  have 
power  to  erect  and  maintain  toll-houses,  and  other  buildings,  for 
the  accommodation  of  their  concerns,  as  they  may  deem  suitable 
to  their  interests. 

Sect.  10.  That  whenever  it  shall  be  necessary,  for  the  construc- 
tion of  their  single,  double,  or  treble  railroad  or  ways,  to  inter- 
sect or  cross  any  stream  of  water,  or  watercourses,  or  any  road  or 
highway,  lying  betwixt  the  places  prescribed  by  the  first  and 
fourth  sections  of  this  Act,  it  shall  be  lawful  for  said  corporation 
to  construct  their  single,  double,  or  treble  railroad,  or  ways,  across 
or  upon  the  same,  provided  that  the  said  corporation  shall  restore 
the  stream  or  watercourses,  or  road  or  highway,  thus  intersected, 
to  its  former  state,  or  in  a  sufficient  manner  not  to  have  impaired 
its  usefulness,  to  the  acceptance  of  the  selectmen  of  the  town  where 
the  same  is  situated,  or  in  case  of  their  refusal,  to  the  acceptance 
of  the  commissioners  to  be  appointed,  agreeably  to  the  provisions 
of  the  seventh  section  of  this  Act :  Provided,  nevertheless,  that 
nothing  in  this  Act  contained  shall  be  so  construed  as  to  prevent 
the  crossing  of  such  railroad  or  ways,  with  teams  or  otherwise,  in 
such  manner  as  shall  be  calculated  not  to  injure  the  same. 

Sect.  11.  That  it  shall  be  lawful  for  the  company  hereby  incor- 
porated, from  time  to  time,  to  fix,  regulate,  and  receive  the  tolls 
and  charges,  by  them  to  be  received  for  transportation  of  property 
or  persons,  on  the  single,  double,  or  treble  railroad  or  ways,  afore- 
said, hereby  authorized  to  be  constructed,  erected,  built,  made  and 
used :  Provided,  however,  that  the  supreme  court,  at  any  stated 
session,  to  be  holden  in  the  county  of  Washington,  on  application 
of  any  ten  freeholders,  in  any  town  or  towns  through  which  said 
railroad  may  pass,  may  alter  or  establish  the  rate  or  rates  of  toll, 
and  price  of  transportation  upon  said  railroad,  for  a  term  of  time 


VERMONT.  701 

not  exceeding  ten  years,  at  any  one  time,  and  in  such  manner  that 
said  corporation  shall  not  receive  less  than  twelve  per  centum  per 
annum,  on  the  amount  of  the  capital  stock,  and  all  charges  and 
expenses  of  said  corporation. 

Sect.  12.  That  the  said  corporation  shall  keep  constantly  expos- 
ed to  view,  at  all  places  where  they  shall  have  toll-houses,  or 
gates,  and  at  public  places  where  they  may  receive  passengers,  or 
freight,  a  sign  or  handbill,  with  the  rates  of  toll,  or  charge,  legibly 
written  or  printed  thereon. 

Sect.  13.  That  if  any  person  or  persons  shall  wilfully  do,  or 
cause  to  be  done,  any  act  or  acts  whatever,  whereby  any  building, 
construction,  or  work  of  the  said  corporation,  or  any  engine, 
machine,  or  structure,  or  any  matter  or  thing  appertaining  to  the 
same,  shall  be  stopped,  obstructed,  impaired,  weakened,  injured,  or 
destroyed,  the  person  or  persons,  so  offending,  shall  forfeit  and  pay 
to  the  said  corporation,  double  the  amount  of  damages  sustamed 
by  means  of  such  offence,  or  injury,  to  be  recovered  in  the  name  of 
said  corporation,  with  costs  of  suit,  by  action  of  debt ;  and  shall 
also  be  liable  to  be  indicted  by  the  grand  jury,  in  the  county  where 
the  offence  shall  have  been  committed,  and  punished  as  for  a  mis- 
demeanor. 

Sect.  14.  That  it  shall  be  lawful  for  the  directors,  or  a  majority 
of  them,  to  require  payment  of  the  sums  to  be  subscribed  to  the 
capital  stock,  at  such  times  and  in  such  proportions,  and  on  such 
conditions,  as  they,  or  a  majority  of  them,  shall  deem  fit,  not 
exceeding  ten  dollars  at  any  one  time  on  any  one  share,  under  the 
penalty  of  the  forfeiture  of  all  previous  payments  thereon;  and 
shall  give  notice  of  the  payments  thus  required,  and  of  the  place 
and  time  when  the  same  are  to  be  paid,  at  least  thirty  days  pre- 
vious to  the  payment  of  the  same,  in  such  public  newspapers 
printed  in  Montpelier,  and  such  other  places  as  they  shall  deem 
proper. 

Sect.  15.  That  the  office  of  secretary,  or  clerk,  of  said  corpora- 
tion, shall  be  kept  within  this  State,  in  some  town  through  which 
said  railroad  may  pass. 

Sect.  16.  That  in  case  the  said  railroad  or  ways,  to  be  con- 
structed agreeably  to  the  provisions  of  this  Act,  shall,  at  any  time, 
be  impaired  by  freshets,  or  any  other  unforeseen  accident,  so  that 
it  shall  not  be  practicable  to  repair  the  same  on  its  original  loca- 
tion, the  directors  of  said  corporation  are  hereby  authorized  to 
remove  the  location  of  such  parts  as  they  shall  deem  proper,  by 

59  * 


702  VERMONT  RAILROAD   COMPANY. 

complying  with  the  provisions  of  this  Act  in  relation  to  the  origi- 
nal location,  surveys,  and  construction  of  the  said  railroad  or  ways, 
in  relation  thereto. 

Sect.  17,  That  it  shall  be  lawful  for  said  corporation,  by  their 
agents,  engineers,  or  workmen,  with  carts,  waggons,  or  other  car- 
riages, together  with  all  necessary  teams  and  tools,  to  enter  upon 
any  lands  contiguous  to  said  railroad,  or  ways,  or  the  works  con- 
nected therewith,  to  dig  for,  work,  and  to  get  and  carry  away  and 
use,  all  such  stone,  gravel,  and  other  materials,  as  may  be  necessary 
and  proper  for  making,  constructing,  erecting,  or  repairing,  said  rail- 
road or  ways,  doing  as  little  damage  thereby  as  the  nature  of 
the  case  will  permit ;  and  in  case  damage  shall  be  claimed  by  the 
owner  or  owners  of  the  land  entered  upon  as  aforesaid,  and  for  the 
stone,  gravel,  and  other  materials,  that  may  be  taken  as  aforesaid, 
and  the  owner  or  owners  thereof  and  said  corporation  do  not  agree 
upon  the  sum  or  sums  of  money  to  be  paid  by  said  corporation, 
the  same  shall  be  assessed  by  the  said  commissioners,  in  the  same 
way  and  manner  as  in  this  Act  pointed  out  and  provided;  and  all 
persons  aggrieved  by  the  decision  of  said  commissioners,  shall 
have  an  appeal,  as  in  this  Act  is  provided.     Passed  Nov.  8,  1832. 

Latvs  of  1833,  No.  50. 

An  Act  in  addition  to,  and  extending  the  operation  of,  an  Act  entitled  "  An  Act  to 
incorporate  the  Vermont  Railroad  Company,"  passed  November  eighth,  one  thou- 
sand eight  hundred  and  thirty-two. 

It  is  hei^eby  enacted,  6,*c.  That  all  the  limitations  of  time  for  car- 
rying into  effect  the  several  provisions  of  the  Act  to  which  this  is 
an  addition,  be,  and  they  hereby  are,  extended  one  year,  from  and 
after  the  passing  of  this  Act,  so  that  the  Act  to  which  this  is  in 
addition,  take  effect  as  if  passed  at  the  date  of  this  Act.  Passed 
Nov.  6,  1833. 


VERMONT.  703 


VEEMONT  CENTRAL  RAILROAD   COMPANY. 

INCORPORATED   IN   VERMONT    IN    1835. 
No.  33  of  the  Private  Acts  of  1835  contains  the  Charter. 

Sect.  1  creates  a  body  corporate,  witli  power  to  construct  a  railroad  on  the  route 
described,  and  to  transport  persons  and  property  thereon. 

Sect.  2  provides,  if  within  thi-ee  years  herefrom,  they  do  not  complete  the  survey 
of  said  road,  and  within  ten  j^ears  herefrom  complete  and  put  in  operation  one 
fourth  thereof,  and  within  fifteen  years  complete  and  put  in  operation  one  half 
thereof,  and  within  twenty  years  complete  and  put  in  operation  the  whole  road, 
that  this  Act  shall  be  void  as  to  the  parts  not  completed. 

Sect.  3  fixes  the  capital  stock  at  $1,000,000,  to  be  increased,  if  necessary,  and  to  be 
divided  into  shares  of  $100  each,  which  shall  be  personal  property,  transferable 
according  to  the  by-laws,  and  subject  to  attachment  as  therem  directed. 

Sect.  4  appoints  Commissioners,  who  shall  open  books  for  receiving  subscriptions  to 
the  stock,  and  when  1000  shares  are  subscribed,  shall  call  a  meetiiag  of  stockhold- 
ers for  choice  of  Directors,  shall  preside  at  the  election  and  declare  who  are 
chosen,  and  fix  the  time  and  place  of  their  first  meeting ;  said  Directors  shall 
be  chosen  annually  ;  they  may  cause  siirveys  to  be  made,  and  shall  locate  the 
route. 

Sect.  5  provides  that  the  Directors  shall  choose  a  President  and  Vice  President,  and 
may  fill  vacancies. 

Sect.  6  authorizes  such  election  to  be  made  at  a  subsequent  time,  if  necessary. 

Sect.  7  defines  the  powers  and  duties  of  the  Directors ;  it  empowers  the  Company 
to  enter  upon  and  occupy  lands  necessary  for  the  road,  first  paying  damages,  to  be 
assessed  as  therein  provided. 

Sect.  8  gives  to  either  party  the  right  of  appeal  from  such  assessment  of  damages, 
and  directs  a  particular  mode  of  assessing  damages  occasioned  to  the  Winooski 
Turnpike  Company. 

Sect.  9  authorizes  the  Company  to  construct  a  railroad  on  the  route  described,  to 
regulate  the  mode  of  transportation,  and  to  erect  necessary  buildings. 

Sect.  10  provides  that  the  railroad  may  be  so  constructed,  when  necessary,  as  to 
intersect  or  cross  any  watercourse  or  highway,  if  properly  restored. 

Sect.  11  authorizes  the  Company  to  fix  the  rates  of  toll,  subject  to  revision  by  the 
Supreme  Court. 

Sect.  12  requires  them  to  expose  publicly  the  rates  of  toll. 

Sect.  13  provides,  if  any  person  wilfully  injure  said  railroad  or  appurtenances,  that 
he  shall  forfeit  to  the  Company  double  the  damages  sustained,  and  shall  be  liable 
to  indictment. 

Sect.  14  authorizes  the  Directors  to  prescribe  the  time  and  mode  of  paying  subscrip- 
tions to  the  stock,  under  penalty  of  forfeiture  of  previous  payments. 

Sect.  15  requires  the  Secretary's  office  to  be  in  some  town  through  which  the  rail- 
road may  pass. 


# 


704  VERMONT   CENTRAL  RAILROAD   COMPANY. 

Sect.  16  authorizes  the  Directors  to  change  the  location  of  the  road,  if  necessary. 
Sect.  17  empowers  the  Corporation  to  enter  upon  lands  adjoining  the  railroad,  to 

get  materials  and  repair  the  road. 
Sect.  18  exempts  the  Company's  property  from  taxation  in  this  State,  for  twenty 

years. 
Sect.  19  declares  this  Act  to  be  a  Public  Act. 

No.  53  of  the  Private  Acts  of  1843  contains  the  Charter. 

Sect.  1  grants  corporate  powers,  with  the  right  to  construct  a  railroad  on  the  route 
described,  and  to  transport  jjcrsons  and  projDcrty  thereon. 

Sect.  2  provides,  if  within  five  years  they  do  not  complete  the  survey  of  said  road, 
and  within  seven  years  herefrom  complete  and  put  in  operation  one  fourth  part 
thereof,  and  within  ten  years  complete  one  half  part  thereof,  and  within  twelve 
years  complete  and  put  in  operation  the  whole  road,  that  this  Act  shall  be  void 
as  to  the  parts  not  completed  within  said  periods. 

Sect.  3  fixes  the  capital  stock  at  $1,000,000,  with  power  to  increase  it,  if  necessary, 
to  be  divided  into  shares  of  $100  each;  it  provides  as  to  the  mode  of  transfer, 
and  of  attachment  thereof. 

Sect.  4  appoints  Commissioners,  who  shall,  within  one  year,  open  books  for  receiv- 
ing subscriptions  to  the  stock,  five  dollars  being  paid  on  each  share  subscribed  for ; 
when  the  whole  is  subscribed  for,  they  shall  call  a  meeting  for  choice  of  Directors, 
shall  preside  at  their  election  and  declare  who  are  chosen ;  their  election  shall  be 
made  annually ;  they  may  cause  surveys  of  the  road  to  be  made,  and  designate 
the  route  thereof. 

Sect.  5  provides  that  said  Directors  shall  choose  a  President,  or  may  appoint  one 
pro  tempore,  in  his  absence,  and  may  fill  all  vacancies. 

Sect.  6  authorizes  such  election  to  be  made  on  a  subsequent  day,  if  not  held  on  the 
day  appointed. 

Sect.  7  defines  the  powers  and  duties  of  the  Directors ;  it  authorizes  the  Corpora- 
tion to  enter  upon  and  use  lands  necessary  for  the  road,  by  paying  damages,  if  not 
agreed,  to  be  ascertained  as  therein  provided. 

Sect.  8  gives  to  either  party  the  right  of  appeal  upon  such  appraisement  to  the 
County  Court,  whose  decision  shall  be  final ;  it  prescribes  a  particular  mode  of 
assessing  damages  done  to  the  Winooski  Turnpike  Company. 

Sect.  9  empowers  the  Company  to  construct  a  railroad,  with  one  or  more  tracks,  on 
the  route  designated,  and  to  regulate  the  mode  of  transportation. 

Sect.  10  provides  that  the  Company  may,  in  constructing  said  road,  intersect  or 
cross  any  watercourse  or  highway,  if  they  be  sufiiciently  restored. 

Sect.  11  authorizes  them  to  fix  the  rates  of  toll,  subject  to  revision  by  the  Supreme 
Court. 

Sect.  12  provides,  if  any  person  wilfully  injure  said  railroad  or  appurtenances,  that 
he  shall  forfeit  to  the  Company  double  the  damages  sustained,  and  shall  be  liable 
to  indictment. 

Sect.  13  authorizes  the  Directors  to  prescribe  the  time  and  mode  of  paying  instal- 
ments on  the  stock,  not  exceeding  ten  dollars  each,  thirty  days'  notice  being  given, 
previous  to  the  time  of  payment. 

Sect.  14  requires  the  Clerk's  office  to  be  kept  in  some  town  in  this  State,  through 
wliich  the  railroad  may  pass. 

Sect.   15  authorizes  the  Directors  to  change  the  location  of  the  road. 


VERMONT.  705 

Sect.  16  empowers  tlie  Company,  or  their  agents,  to  enter  upon  lands  adjoining  the 
raikoad,  for  the  purpose  of  procuring  materials ;  they  paying  damages  assessed  as 
therein  provided. 

Sect.  17  exempts  the  Company's  property  from  taxation  ;  it  authorizes  the  Legisla- 
ture to  reduce  the  rates  of  toll  as  there  provided,  and  to  purchase  the  franchise 
and  property  of  the  Company,  after  twenty  years  from  the  opening  of  the  road, 
by  paying  the  cost  thereof,  and  10  per  cent,  per  annum  interest  thereon,  if  the  net 
income  has  not  equalled  that. 

Sect.  18  declares  this  Act  to  be  a  Public  Act. 

Sect.  19  requires  the  Directors  annually  to  make  a  report  of  their  receipts  and  ex- 
penditures, and  the  books  shall  be  open  for  inspection. 

Sect.  20  provides  that  this  Company  shall  not  construct  a  raikoad  in  the  valley  of 
the  Connecticut  River,  to  interfere  with  any  other  railroad. 


Laws  of  1835,  No.  33. 
An  Act  to  incorporate  the  Vermont  Central  Railroad  Company, 

Sect.  1.  It  is  hereby  enacted^  ij^c,  That  all  such  persons  as  shall 
hereafter  become  stockholders  of  the  said  company  are  hereby 
constituted  a  body  corporate  and  politic,  by  the  name  of  the  Ver- 
mont Central  Railroad  Company,  for  the  purpose,  and  with  the 
right  and  power,  of  constructing  a  single,  double,  treble,  or  quad- 
ruple railroad  or  way,  from  some  eligible  point  on  the  eastern 
shore  of  Lake  Champlain,  thence  following  the  valley  of  Onion 
River,  and  extending  to  such  point  on  Connecticut  River,  as 
will  most  conveniently  meet  the  railroad  contemplated  in  New 
Hampshire,  to  pass  by  Concord  towards  Boston,  to  transport,  take, 
and  carry  property  and  persons,  upon  the  same,  by  the  power  and 
force  of  steam,  of  animals,  or  of  other  mechanical,  or  other  power, 
or  of  any  combination  of  them,  which  the  said  company  may 
choose  to  employ ;  and  by  that  name,  they  and  their  successors 
shall  be,  and  they  are  hereby,  vested  with  the  right  and  privilege 
of  constructing,  erecting,  building,  making,  and  using,  a  single, 
double,  treble,  or  quadruple  railroad  or  way,  for  the  purpose  afore- 
said ;  and  for  the  term  of  fifty  years,  may  have  succession  ;  and 
by  their  corporate  name  aforesaid,  may  sue  and  be  sued,  plead  and 
be  impleaded,  in  all  courts  of  law  and  equity,  and  in  all  manner 
of  actions,  and  that  they  and  their  successors  may  have  a  common 
seal,  and  may  change  and  alter  the  same  at  pleasure. 

Sect.  2.  That  if  the  said  corporation,  hereby  created,  shall  not, 
within  three  years  from  the  passage  of  this  Act,  complete  the  sur- 


706  VERMONT    CENTRAL   RAILROAD    COMPANY. 

vey  of  said  railroad  or  way ;  and  shall  not,  within  ten  years  from 
the  passage  of  this  Act,  construct,  finish,  and  put  in  operation  one 
fourth  part  of  said  railroad  or  way,  and  shall  not,  within  fifteen 
years  from  the  passage  of  tliis  Act,  construct,  finish,  and  put  in 
operation  one  half  of  the  said  railroad  or  way,  and  siiall  not  within 
twenty  years  from  the  passage  of  this  Act,  complete,  and  put  in 
operation  the  whole  of  the  said  railroad  or  way,  then  the  rights, 
privileges,  and  powers  of  the  said  corporation,  under  this  Act,  shall 
be  null  and  void  for  so  much  and  such  parts  of  said  railroad  as 
shall  not  be  completed  within  the  several  periods  aforesaid,  but 
shall  be  and  remain  valid  and  effectual  for  such  parts  of  said  rail- 
road as  shall  be  constructed  within  the  said  periods  respectively. 

Sect.  3.  That  the  capital  stock  of  said  company  shall  be  one 
million  of  dollars,  which  shall  be  divided  into  shares  of  one  hiui- 
dred  dollars  each  ;  and  the  said  company  are  hereby  authorized  to 
increase  the  capital  to  such  amount  as  shall  be  necessary  to  com- 
plete said  road  or  ways,  and  to  furnish  the  carriages  to  run  there- 
on, motive  power,  and  such  other  appurtenances  as  shall  be  neces- 
sary for  the  convenient  and  profitable  use  of  said  railroad  or  way, 
—  which  additional  capital  shall,  also,  be  divided  into  additional 
shares  of  one  hundred  dollars  each ;  and  the  shares  in  said  com- 
pany shall  be  deemed  personal  property,  and  transferable  in  such 
manner  as  the  said  corporation  shall,  by  their  by-laws,  direct ;  and 
when  any  share  or  shares  shall  be  attached  on  mesne  process,  the 
officer  serving  the  same  shall  leave  with  the  secretary  or  clerk  of 
said  corporation  an  attested  copy  of  such  process,  with  his  doings 
thereon,  and  such  share  or  shares  may  be  taken  and  sold,  on  exe- 
cution, in  the  same  manner  as  is,  or  may  be,  provided  for  the  sale 
of  other  personal  estate,  the  purchaser  causing  an  attested  copy  of 
the  execution,  and  the  officer's  return  thereon,  to  be  left  with  the 
secretary  or  clerk  of  said  corporation,  within  twenty  days  after 
such  sale,  and  paying  for  recording  the  same,  which  shall  pass  to 
the  purchaser  all  the  right  of  the  stockholder,  for  whose  debt  the 
same  was  sold,  in  such  share  or  shares.  And  whenever  any  offi- 
cer, duly  authorized  therefor,  sliall  appear  at  the  office  of  the  secre- 
tary or  clerk  of  said  corporation  for  the  purpose  of  making  an 
attachment  of  any  share  or  shares  in  said  corporation,  owned  by 
any  debtor,  or  for  the  purpose  of  levying  execution  thereon,  it  shall 
be  the  duty  of  the  secretary,  or  clerk,  to  produce  to  such  officer  the 
books  of  said  corporation,  so  far  as  to  enable  such  officer  to  ascer- 
tain the  number  of  shares  owned  by  the  debtor,  and  to  give  to 


VERMONT.  707 

such  officer  a  certificate,  under  his  hand  in  his  official  capacity, 
certifying  the  number  of  shares  owned  by  such  debtor,  with  the 
dividends  due  thereon,  and  the  hen  of  the  corporation  on  such 
share  or  shares. 

Sect.  4.  That  John  N.  Pomeroy,  Timothy  Follett,  John  Peck, 
and  Lutlier  Loomis,  of  Burhngton,  John  Spalding,  Timothy  Hub- 
bard, and  J.  P.  Miller,  of  Montpelier,  Lewis  Lyman,  of  Hartford, 
Chester  Baxter,  of  Sharon,  and  Amplius  Blake,  of  Chelsea,  be  and 
they  hereby  are  appointed  commissioners,  whose  duty  it  shall  be, 
within  the  period  of  one  year  after  the  passing  of  this  Act,  at  some 
suitable  places  in  Montpelier  and  Burlington,  and  such  other  places 
as  they  may  deem  proper,  to  open  books  to  receive  subscriptions  to 
capital  stock  of  said  corporation  ;  and  not  less  than  ten  days'  notice 
shall  be  given  by  the  said  commissioners  of  the  time  and  place  of 
opening  such  books,  by  publishing  the  same  in  one  or  more  of  the 
public  newspapers,  printed  in  such  place,  or  places,  as  the  said 
commissioners  shall  think  proper ;  and  any  two  of  said  commis- 
sioners shall  constitute  a  board  for  receiving  subscriptions,  and 
each  subscriber  shall,  at  the  time  of  subscribing,  pay  over  to  said 
commissioners  the  sum  of  five  dollars  on  each  share,  for  which  he 
may  subscribe,  and  each  subscriber  shall  thereby  become  a  mem- 
ber of  said  corporation  ;  and  when  one  thousand  shares  shall  have 
been  subscribed,  or  as  soon  thereafter  as  the  commissioners  shall 
deem  proper,  it  shall  be  the  duty  of  said  commissioners  to  give  a 
like  notice  for  a  meeting  of  the  stockholders,  at  such  time  and 
place  as  the  said  commissioners,  or  a  majority  of  them  shall  ap- 
point, to  choose  seven  directors ;  and  such  election  shall  then  and 
there  be  made,  by  such  of  the  stockholders  as  shall  attend  ibr  that 
purpose,  either  in  person  or  by  lawful  proxy,  each  share  of  the 
capital  stock  entitling  a  stockholder  to  one  vote ;  and  the  said 
commissioners  shall  be  inspectors  of  the  first  election  of  directors 
of  said  corporation,  and  shall  certify,  under  their  hands,  the  names 
of  those  duly  elected,  and  deliver  over  to  the  said  directors  the  sub- 
scription books,  and  the  sums  of  money  deposited  with  them  on 
the  shares  subscribed  as  aforesaid ;  and  the  time  and  place  of 
holding  the  first  meeting  of  the  directors,  shall  be  fixed  by  the  said 
commissioners;  and  a  new  election  shall  be  made,  annually,  at 
such  lime  and  place  as  the  board  of  directors  shall  appoint,  giv- 
ing thirty  days'  notice  of  the  time  and  place  of  meeting  for  said 
purpose,  by  publication  in  the  newspapers  printed  in  Montpelier, 
and  such  other  places  as  they  may  deem  proper.     And  the  said 


708  VERMONT   CENTRAL   RAILROAD    COMPANY. 

directors  shall  have  power  to  appoint  one  or  more  engineers,  and 
to  cause  such  examinations  and  surveys  for  the  said  railroad  to  be 
made,  as  may  be  necessary  to  the  selection  by  them,  or  a  majority 
of  them,  of  the  most  advantageous  line,  course,  or  way  for  said 
road,  from  some  eligible  point  on  the  eastern  shore  of  Lake  Cham- 
plain,  thence  following  the  valley  of  the  Onion  River,  and  extend- 
ing to  such  point  on  Connecticut  River  as  will  most  conveniently 
meet  the  railroad  contemplated  in  New  Hampshire,  to  pass  by  Con- 
cord towards  Boston,  as  they  shall  think  proper.  And  the  said 
directors,  or  a  majority  of  them,  shall,  after  such  examinations  and 
surveys  shall  be  made,  select,  and  by  certificates,  under  their,  or 
a  majority  of  their  hands  and  seals,  designate  the  line,  course,  or 
Avay,  which  they,  or  a  majority  of  them,  may  deem  most  advanta- 
geous for  the  said  railroad  through  each  town ;  one  of  which  cer- 
tificates shall  be  recorded  in  the  office  of  the  town  clerk,  in  each 
of  the  towns  through  which  the  said  railroad  passes  ;  which  line, 
course,  or  way,  so  selected  and  certified,  shall  be  deemed  the 
line,  course,  or  way,  on  which  the  said  corporation  shall  con- 
struct, erect,  build,  or  make,  their  single,  double,  treble,  or  quad- 
ruple railroad  or  ways,  as  hereinafter  mentioned ;  the  expenses  of 
all  which  surveys  and  examinations,  and  all  manner  of  incidental 
expenses  relating  thereto,  shall  be  paid  by  the  said  corporation. 

Sect.  5.  That  the  said  directors,  to  be  chosen  at  such  meeting, 
or  at  such  annual  election,  shall,  as  soon  as  may  be,  after  every 
election,  choose  out  of  their  own  number,  one  president,  and  one 
other  person  to  be  vice  president ;  and  in  case  of  the  death,  resig- 
nation, or  absence  of  the  president,  the  vice  president  shall  preside 
until  the  next  annual  election  thereafter,  or  until  another  presi- 
dent shall  be  chosen ;  and  in  case  of  the  death  or  resignation  of 
the  president,  or  vice  president,  or  of  any  director,  such  vacancy 
or  vacancies  may  be  filled,  for  the  remainder  of  the  year  wherein 
they  may  happen,  by  the  board  of  directors ;  and  in  case  of  the 
absence  of  the  president,  the  board  of  directors  shall  have  power  to 
appoint  a  president  pro  tempore,  who  shall  have  and  exercise  such 
powers  and  functions,  as  the  by-laws  of  the  said  corporation  may 
provide. 

Sect.  6.  That,  in  case  it  should  at  any  time  happen  that  an  elec- 
tion of  directors  shall  not  be  made  on  any  day,  when  pursuant  to 
this  Act  it  ought  to  have  been  made,  the  said  corporation  shall  not, 
for  that  cause,  be  deemed  to  be  dissolved  ;  but  such  election  may 
be  held  at  any  other  time,  directed  by  the  by-laws  of  said  corpo- 
ration. 


VERMONT.  709 

Sect.  7.  That  four  directors  shall  form  a  board,  and  they,  or  a 
majority  of  them,  shall  be  competent  to  transact  all  the  business  of 
said  corporation  ;  and  they  shall   have  full  power  to  make  and 
prescribe  such  by-laws,  rules,   and  regulations,  as  to  them  shall 
appear  needful  and  proper,  touching  the  management  and  disposi- 
tion of  the  stock,  property,  estate,  and  effects  of  said  corporation, 
the  transfer  of  shares,  and  touching  the  duties  and  conduct  of  their 
officers  and  servants,  and  the  election  of  directors,  and  all  other 
matters  whatsoever,  which  may  appertain  to  the  concerns  of  the 
said  corporation  ;  and,  also,  shall  have  power  to  appoint  a  secretary 
and  treasurer,  and  as  many  clerks  and  servants  as  to  them  shall 
seem  meet ;  and  to  establish  and  fix  such  salaries  and  allowances  to 
them,  and  also  to  the  president  and  vice  president,  as  to  the  said 
board  shall  appear  proper.     And  said  corporation  are  hereby  autho- 
rized, by  their  agents,  surveyors,  and  engineers,  to  enter  upon  such 
route,  place,  or  places,  to  be  designated,  as  aforesaid,  by  the  said 
directors,  as  the  line,  course,  road,  or  way,  whereon  to  construct 
their   railroad   or   ways  ;    and  it    shall  be   lawful   for   said   cor- 
poration to  enter  upon,   and  take  possession  of,  and  use  all  such 
lands  and  real  estate,  as  may  be  indispensable  for  the  construction 
and  maintenance  of  their  railroad  or  ways,  and  the  accommo- 
dation requisite,  and  appertaining  to  them ;  and  may  also  receive, 
hold,  and  take  all  such  voluntary  grants  and  donations  of  land 
and  real  estate,  as  shall  be  made  to  the  said  corporation,  to  aid 
in  the  construction,  maintenance,  and  accommodation  of  the  rail- 
road or  ways :  Pi'ovided,  that  all  lands  or  real  estate  thus  entered 
and   taken   possession    of,    and    used    by    the    said   corporation, 
and  which   are   not   donations,    shall    be  purchased  by  the  said 
corporation,  and  of  the  owner  or  owners  of  the  same,  at  a  price 
to  be  mutually  agreed  upon  between  them  ;    and  in  case  of  a 
disagreement  of  price,  and  before  the  making  of  any  portion  of 
the  road  upon  the  said  land,  it  shall  be  the  duty  of  any  two  of  the 
judges  of  the  supreme  court  of  this  State,  upon  application  by  said 
corporation,  to  appoint  three  commissioners,  who  shall  be  persons 
not  interested  in  the  matters  to  be  determined  by  them,  to  deter- 
mine  the  damages   which  the  owner   or  owners  of  the  land,  or 
real  estate,  so  entered  upon  by  the  said  corporation,  may  have 
sustained,  or  shall   be    likely  to  sustain,  by   the   occupation    of 
the  same;  and  upon  the  payment  of  such  damages,  together  with 
the  costs  and  charges  attending  the  appraisement,  by  the  said 
corporation,  or  upon  said  corporation  depositing  in  the  Bank  of 
60 


710  VERMONT   CENTRAL   RAILROAD    COMPANY. 

Montpelier  the  amount  of  such  damages,  together  with  the  costs 
and  charges  aforesaid,  to  the  credit  of  the  person  or  persons  to 
whom  the  commissioners  may  have  awarded  them,  the  proper 
officers  of  the  said  banif  giving  notice  to  such  person  or  per- 
sons, by  letter,  of  such  deposit  being  made  by  said  corporation ; 
then  the  said  corporation  shall  be  deemed  to  be  seized  and  pos- 
sessed of  all  such  lands,  or  real  estate,  as  shall  have  been  ap- 
praised by  said  commissioners.  And  it  shall  be  the  duty  of  said 
commissioners  to  give  three  days'  notice  of  the  time  and  place  of 
such  appraisements,  to  be  given  to  the  occupants  or  owners  of  the 
land  to  be  appraised  ;  and  after  such  appraisement,  to  deliver  to 
the  said  corporation  a  written  statement  of  the  award  or  awards 
they  shall  make,  with  a  description  of  the  land  or  real  estate 
appraised,  and  which  shall,  within  sixty  days,  be  recorded  by  the 
said  corporation  in  the  clerk's  office  of  the  town  where  such  land 
or  real  estate  may  lie  ;  and  in  case  any  owner  or  owners  of  land 
or  real  estate,  taken  by  said  company,  shall  be  married  women, 
infants,  idiots,  or  insane,  or  shall  reside  out  of  this  State,  then, 
and  in  such  case,  the  said  corporation  shall  cause  the  damages  sus- 
tained by  such  owners  to  be  determined  in  the  manner  above 
prescribed,  and  shall  pay  the  amount  of  such  last  mentioned  dam- 
ages, to  the  said  last  mentioned  owners,  respectively,  whenever  the 
same  shall  be  lawfully  demanded,  together  with  the  interest,  at  the 
rate  of  six  per  centum  per  annum  ;  which  said  amount  and  inter- 
est, shall  be  a  specific  lien  on  the  real  estate  of  said  corporation, 
and  shall  have  a  preference  to  any  other  demand  against  said  cor- 
poration. 

Sect.  8.  That  should  the  corporation,  or  the  owner  of  any  real 
estate,  land,  or  materials,  feel  themselves  aggrieved  by  the  decis- 
ion of  the  commissioners  aforesaid,  either  party  may,  within  ninety 
days  from  the  making  such  decision,  appeal  to  the  county  court 
of  the  county  where  such  lands  or  other  property  lie ;  and  the 
decision  of  the  said  court  shall  be  final  and  conclusive ;  and  said 
court  shall  tax  costs  for  or  against  either  party,  as  they  shall  judge 
just  and  equitable  :  Provided^  that  to  adjust  and  settle  the  dama- 
ges, injury,  and  loss  which  the  construction  of  the  said  corpora- 
tion's railroad  through  the  valley  of  Onion  River  may  be,  or  occa- 
sion, to  the  Winooski  Turnpike  Company,  the  judges  of  the 
supreme  court,  on  application,  shall  appoint  a  disinterested  com- 
mittee, who,  after  giving  notice  to  the  treasurers  of  both  corpora- 
lions  of  the  time  they  will  attend  to  the  duties  of  their  appoint- 


VERMONT.  711 

ment,  shall,  on  examining  the  charter,  hooks  and  road  of  said 
turnpike  company,  appraise  said  company's  road  and  chartered 
privileges,  without  rei'erence  to  the  cost  of  the  same  or  privileges 
granted  by  this  Act,  at  such  sum,  not  exceeding  the  sum  of 
eighteen  thousand  dollars,  as  they  shall  think  the  same  to  be  worth 
in  cash,  and  deliver  a  certified  statement  of  their  appraisal  to  the 
treasurer  of  said  turnpike  company,  and  also  to  the  treasurer  of 
said  railroad  corporation,  which  said  appraisal  shall  be  caused  to 
be  made  by  said  railroad  corporation,  previous  to  the  commence- 
ment of  laying  their  rails,  in  any  part  of  the  valley  of  Onion  River. 
And  said  railroad  corporation  shall  pay,  in  cash,  to  the  several 
shareholders  in  said  turnpike  company,  who  may  thereafter  deliver 
to  the  treasurer  of  said  corporation  a  regular  assignment  of  their 
shares  to  said  corporation,  such  proportion  of  said  appraised  value 
of  said  company's  property  and  privileges,  as  they  may,  respect- 
ively, be  entitled  to  by  the  number  of  shares  owned  by  each,  when 
measured  by  the  whole  number  of  shares  in  said  company.  And 
said  corporation  are  authorized  to  hold  said  shares,  so  assigned, 
and  vote  on  the  same,  by  its  treasurer,  at  all  meetings  of  said 
turnpike  company,  or  sell  and  assign  the  same  at  pleasure.  And 
on  compliance  with  this  provision,  said  company  shall  be  sub- 
ject to  no  damages  or  liabilities  to  said  turnpike  corporation,  except- 
ing such  as  are  hereafter  provided  for  in  the  tenth  section  of  this 
Act. 

Sect.  9.  That  the  said  corporation  is  hereby  authorized  to  con- 
struct, erect,  build,  make,  and  use,  a  single,  double,  treble,  or  quad- 
ruple railroad  or  ways,  of  suitable  width  and  dimensions,  to  be 
determined  by  the  said  corporation,  on  the  line,  course,  or  way 
designated  by  the  directors  aforesaid,  as  the  line,  course,  or  way 
whereon  to  construct,  erect,  build,  and  make  the  same,  and  shall 
have  power  to  regulate  the  time  and  manner  in  which  goods  and 
passengers  shall  be  transported,  taken,  and  carried  on  the  same ; 
and  shall  have  power  to  erect  and  maintain  toll-houses,  and  other 
buildings,  for  the  accommodation  of  their  concerns,  as  they  may 
deem  suitable  to  their  interests. 

Sect.  10,  That  whenever  it  shall  be  necessary,  for  the  construc- 
tion of  their  railroad  or  ways,  to  intersect  or  cross  any  stream  of 
water,  or  water  courses,  or  any  road  or  highway,  lying  betwixt 
the  places  prescribed  by  the  first  and  fourth  sections  of  this  Act,  it 
shall  be  lawful  for  said  corporation  to  construct  their  single,  double, 
treble,  or  quadruple  railroad  or  ways,   across  or  upon  the  same, 


712  VERMONT    CENTRAL   RAILROAD    COMPANY. 

provided  that  the  said  corporation  shall  restore  the  stream  or  water 
courses,  or  road  or  highway,  thus  intersected,  to  its  former  state,  or 
in  a  sufficient  manner  not  to  have  impaired  its  usefulness;  to  the 
acceptance  of  the  selectmen  of  the  town  where  the  same  is  situat- 
ed, or  in  case  of  their  refusal,  to  the  acceptance  of  the  commis- 
sioners, to  be  appointed  agreeably  to  the  provisions  of  the  seventh 
section  of  this  Act:  Pi^ovided nevertheless,  that  nothing  in  this  Act 
contained  shall  be  so  construed  as  to  prevent  the  crossing  of  such 
railroad  or  ways,  with  teams,  or  otherwise,  in  such  manner  as 
shall  be  calculated  not  to  injure  the  same. 

Sect.  11.  That  it  shall  be  lawful  for  the  company  hereby  incor- 
porated, from  time  to  time  to  fix,  regulate,  and  receive  the  tolls  and 
charges,  by  them  to  be  received  for  the  transportation  of  property 
or  persons,  on  the  railroad  or  ways  aforesaid,  hereby  authorized 
to  be  constructed,  erected,  built,  made,  and  used :  Provided,  how- 
ever, that  the  supreme  court,  at  any  stated  session,  to  be  holden 
in  the  county  of  Washington,  on  application  of  any  ten  freehold- 
ers, in  any  town  or  towns  through  which  said  railroad  may  pass, 
may  alter  or  establish  the  rate  or  rates  of  toll,  and  price  of  trans- 
portation upon  said  railroad,  for  a  term  of  time  not  exceeding  ten 
years,  at  any  one  time,  and  in  such  manner  that  said  corpora- 
tion shall  not  receive  less  than  twelve  per  centum  per  annum, 
on  the  amount  of  capital  stock,  over  and  above  all  charges  and 
expenses  of  said  corporation. 

Sect.  12.  That  the  said  corporation  shall  keep  constantly  expos- 
ed to  view,  at  all  places  where  they  may  receive  passengers,  or 
freight,  a  sign  or  hand-bill,  with  the  rates  of  toll,  or  charge,  legibly 
written  or  printed  thereon. 

Sect.  13.  That  if  any  person  or  persons  shall  wilfully  do,  or 
cause  to  be  done,  any  act  or  acts  whatever,  whereby  any  building, 
construction,  or  work  of  the  said  corporation,  or  any  engine, 
machine,  or  structure,  or  any  matter  or  thing  appertaining  to  the 
same,  shall  be  stopped,  obstructed,  impaired,  weakened,  injured, 
or  destroyed,  the  person  or  persons,  so  offending,  shall  forfeit  and 
pay  to  the  said  corporation,  double  the  amount  of  damages  sus- 
tained by  means  of  such  offence  or  injury,  to  be  recovered  in  the 
name  of  said  corporation,  with  costs  of  suit,  by  action  of  debt,  and 
shall  also  be  liable  to  be  indicted  by  the  grand  jury,  in  the  county 
where  the  offence  shall  have  been  committed,  and  punished  as  for 
a  misdemeanor. 

Sect.  14.  That  it  shall  be  lawful  for  the  directors,  or  a  majority 


VERMONT.  713 

of  them,  to  require  payment  of  the  sums  to  be  subscribed  to  the 
capital  stock,  at  such  times  and  in  such  proportions,  and  on  such 
conditions,  as  they,  or  a  majority  of  them,  shall  deem  fit,  not 
exceeding  ten  dollars  at  any  one  time,  and  one  hundred  dollars  in 
the  whole  on  any  one  share,  under  the  penalty  of  the  forfeiture  of 
all  previous  payments  thereon  ;  and  shall  give  notice  of  the  pay- 
ments thus  required,  and  of  the  time  and  place  when  the  same 
are  to  be  paid,  at  least  thirty  days  previous  to  the  payment  of  the 
same,  in  such  public  newspapers  printed  in  Montpelier,  and  such 
other  places  as  they  shall  deem  proper. 

Sect.  15.  That  the  office  of  secretary  or  clerk  of  said  corpora- 
tion shall  be  kept  within  this  State,  in  some  town  through  which 
said  railroad  may  pass. 

Sect.  16,  That  in  case  the  directors  of  said  corporation  shall  at 
any  time,  by  reason  of  damage  or  damages  to  said  railroad,  from 
freshets  or  other  cause,  or  for  any  other  reason,  deem  it  expedient 
to  change  or  alter  the  original  location  of  said  railroad,  they  are 
hereby  authorized  to  remove  the  location  of  such  parts  as  they 
shall  deem  proper,  by  complying  with  the  provisions  of  this  Act  in 
relation  to  the  original  location,  surveys,  and  construction  of  the 
said  railroad  or  ways,  in  relation  thereto. 

Sect.  17.  That  it  shall  be  lawful  for  said  corporation,  by  their 
agents,  engineers,  or  workmen,  with  carts,  wagons,  or  other  car- 
riages, together  with  all  necessary  teams  and  tools,  to  enter  upon 
any  lands  contiguous  to  said  railroad  or  ways,  or  the  works  con- 
nected therewith,  to  dig  for,  work,  and  to  get  and  carry  away  and 
use,  all  such  stone,  gravel,  and  other  materials,  as  may  be  neces- 
sary and  proper  for  making,  constructing,  erecting,  or  repairing  said 
railroad  or  ways,  doing  as  little  damage  thereby  as  the  nature  of 
the  case  will  permit ;  and  in  case  damage  shall  be  claimed  by  the 
owner  or  owners  of  the  land  entered  upon  as  aforesaid,  and  for  the 
stone,  gravel,  and  other  materials,  that  may  be  taken  as  aforesaid, 
and  the  owner  or  owners  thereof  and  said  corporation  do  not  agree 
upon  the  sum  or  sums  of  money  to  be  paid  by  said  corporation,  the 
sum  shall  be  assessed  by  the  said  commissioners,  in  the  same  way 
and  manner  as  in  this  Act  is  pointed  out  and  provided,  and  all  per- 
sons aggrieved  by  the  decision  of  said  commissioners,  shall  have 
an  appeal  as  in  this  Act  is  provided. 

Sect.  18.  That  the  property,  effects,  and  stock  of  said  corpora- 
tion shall  be  free  and  exempt  from  all  taxes  levied  or  imposed  by 

60* 


714  VERMONT   CENTRAL   RAILROAD    COMPANY. 

or  under  the  authority  of  this  State,  for  the  term  of  twenty  years 
from  the  passing  of  this  Act. 

Sect.  19.  That  this  Act  shall  be  taken  and  deemed  to  be  a  public 
Act,  and  shall  be  construed  favorably  and  beneficially  for  all  the 
purposes  for  which  the  same  is  enacted.     Passed  Nov.  10,  1835. 

Laws  of  1843,  No.  53. 
An  Act  to  Incorporate  the  Vermont  Central  Railroad  Company. 

Sect.  1.  It  is  hereby  enacted,  ^c.  That  such  persons  as  shall 
hereafter  become  stockholders  of  said  company,  are  constituted  a 
body  corporate  by  the  name  of  the  Vermont  Central  Railroad  Com- 
pany, for  the  purpose,  and  with  the  right,  of  building  a  railroad, 
with  a  single  or  double  track,  from  some  point  on  the  eastern  shore 
of  Lake  Champlain,  thence  up  the  valley  of  Onion  River,  and 
extending  to  a  point  on  Connecticut,  most  convenient  to  meet  a  rail- 
road, either  from  Concord,  New  Hampshire,  or  Fitchburgh,  Massa- 
chusetts, to  said  river ;  to  transport  and  carry  persons  and  property 
upon  the  same,  by  the  power  of  steam  or  otherwise,  as  said  Com- 
pany may  direct;  and  by  that  name  they  and  their  successors  may 
construct  and  build  a  railroad,  with  a  single  or  double  track,  for 
the  purpose  aforesaid  ;  and  by  their  corporate  name  may  sue  and 
be  sued,  and  may  have  a  common  seal. 

Sect.  2,  If  said  corporation  shall  not,  within  five  years,  com- 
plete the  survey  of  said  road,  and  within  seven  years  from  the 
passage  of  this  Act,  construct  and  finish  and  put  in  operation,  one 
fourth  part  of  said  road,  and  within  ten  years  from  the  passage  of 
this  Act,  construct  and  put  in  operation  one  half  of  said  road,  and 
shall  not,  within  twelve  years  from  the  passing  of  this  Act,  complete 
and  put  in  operation  the  whole  of  said  road,  then  the  rights  and 
powers,  granted  by  this  Act,  shall  cease  for  such  parts  of  said  road 
as  shall  not  be  completed  within  the  several  periods  aforesaid,  but 
shall  be  valid  for  such  parts  of  said  railroad  as  shall  be  completed 
within  the  said  periods  respectively. 

Sect.  3.  The  capital  stock  of  said  company  shall  be  one  million 
of  dollars,  which  shall  be  divided  into  shares  of  one  hundred  dol- 
lars each,  and  said  company  may  increase  said  capital  to  such 
amount  as  shall  be  necessary  to  complete  said  road,  and  to  furnish 
such  carriages,  and  all  other  appurtenances^  for  the  convenient  and 


VERMONT.  715 

profitable  use  of  said  road,  and  such  additional  capital  shall  also 
be  divided  into  shares  of  one  hundred  dollars  each.  The  shares 
in  said  company  shall  be  deemed  personal  property,  and  may  be 
transferred  in  such  manner  as  said  company  shall  by  their  by-laws 
direct ;  and  when  any  share  or  shares  shall  be  attached  on  any 
process,  the  officer  serving  the  same  shall  leave  with  the  clerk  of 
said  company  an  attested  copy  of  such  process,  with  his  return 
thereon,  and  such  share  or  shares  may  be  taken  and  sold  on  execu- 
tion, in  the  same  manner  as  other  personal  estate;  the  purchaser 
causing  an  attested  copy  of  said  execution,  and  the  officer's  return 
thereon,  to  be  left  with  the  clerk  of  said  company,  within  twenty 
days  after  said  sale,  and  paying  for  the  recording  of  the  same,  all 
the  right  of  the  stockholder,  for  whose  debt  the  same  was  sold, 
shall  pass  to  the  purchaser  of  such  share  or  shares.  When  any 
officer,  duly  authorized,  shall  appear  at  the  office  of  the  clerk  of 
said  company,  for  the  purpose  of  attaching  any  share  or  shares  in 
said  company,  or  for  the  purpose  of  levying  execution  thereon,  the 
clerk  shall  produce  to  such  officer  the  books  of  said  company,  so 
far  as  to  enable  such  officer  to  ascertain  the  number  of  shares 
owned  by  the  debtor,  and  shall  give  such  officer  a  certificate,  in 
his  official  capacity,  of  the  number  of  shares  owned  by  such  debtor, 
with  the  dividends  due  thereon,  and  all  liens  of  said  company  on 
such  share  or  shares. 

Sect.  4.  Charles  Paine,  John  Peck,  Wyllys  Lynlan,  Daniel 
Baldwin,  E.  P.  Jewett,  Andrew  Tracy,  and  Levi  B.  Vilas,  shall 
be  commissioners,  who  shall,  within  one  year,  at  some  suitable 
places  in  Montpelier  and  Burlington,  and  at  such  other  places  as 
they  may  deem  proper,  open  books  for  subscriptions  to  the  capital 
stock  of  said  company;  and  said  commissioners  shall  give  at  least 
ten  days'  notice  of  the  time  and  places  of  opening  said  books,  by 
publishing  the  same  in  one  or  more  of  the  newspapers  printed  in 
such  places  as  they  shall  think  proper;  and  any  two  of  the  com- 
missioners shall  constitute  a  board  for  receiving  subscriptions  ;  and 
every  person,  at  the  time  of  subscribing,  shall  pay  to  said  commis- 
sioners five  dollars  on  each  share  for  which  he  may  subscribe,  and 
each  subscriber  shall  be  a  member  of  said  company;  and  when 
one  thousand  shares  shall  be  subscribed,  or  as  soon  thereafter  as 
the  commissioners  shall  deem  proper,  said  commissioners  may  give 
a  like  notice,  for  the  meeting  of  the  stockholders,  at  such  time  and 
place  as  said  commissioners  shall  appoint,  to  choose  seven  direct- 
ors ;  and  such  election  shall  then  be  made  by  the  stockholders, 


716  VERMONT   CENTRAL  RAILROAD    COMPANY. 

who  shall  attend  for  that  purpose,  either  in  person  or  by  proxy ; 
each  share  of  said  stock  shall  entitle  a  stockholder  to  one  vote; 
said  commissioners  shall  be  inspectors  of  the  first  election  of  direct- 
ors, and  shall  certify  the  names  of  those  duly  elected,  and  deliver 
to  such  directors  the  books  of  subscription,  and  all  sums  of  money 
deposited  with  them  on  all  shares  subscribed  as  aforesaid  ;  the 
time  and  place  for  the  first  meeting  of  such  directors  shall  be  fixed 
by  said  commissioners;  a  new  election  shall  be  made  annually,  at 
such  time  and  place  as  the  board  of  directors  shall  appoint,  giving 
thirty  days'  notice  thereof,  by  publication  in  the  newspapers 
printed  at  Montpelier,  and  such  other  papers  as  they  may  deem 
proper.  Said  directors  may  appoint  an  engineer  or  engineers,  and 
cause  such  examinations  and  surveys  to  be  made,  as  may  be 
necessary  to  enable  them  to  determine  upon  the  best  line  or  route 
for  said  road,  between  the  two  points  or  terminations  before  men- 
tioned ;  and  said  directors,  or  a  major  part  of  them,  after  such 
examinations  and  surveys  shall  be  made,  by  certificate  under  their 
hands  and  seals,  shall  designate  the  line  or  route  which  they  shall 
deem  the  most  advantageous  for  said  road,  through  each  town, 
which  certificates  shall  be  recorded  in  the  office  of  the  town  clerk 
of  each  town  through  which  said  road  shall  pass ;  v/hich  line  or 
route,  so  designated  and  certified,  shall  be  the  line  or  route  on 
■which  said  company  shall  construct  and  make  their  single  or 
double  track,  as  hereinafter  mentioned;  the  expenses  of  such 
examinations  and  surveys,  and  all  other  expenses  relating  thereto, 
shall  be  paid  by  said  corporation. 

Sect.  5.  The  directors  chosen  at  the  meeting  aforesaid,  or  at  the 
annual  election,  as  soon  as  inay  be  after  every  election,  shall  choose 
out  of  their  number  a  president,  who  shall  preside  at  all  meetings 
of  the  board  of  directors  and  of  the  stockholders;  and  in  case  of 
the  death  or  resignation  of  the  president  or  any  director,  such 
vacancy  may  be  filled  for  the  remainder  of  the  year,  by  the  board 
of  directors ;  and  in  case  of  the  absence  of  the  president,  the  board 
of  directors  may  appoint  one  of  their  number  president  pro  tempore, 
who  shall  exercise  such  powers  as  the  by-laws  of  said  company 
shall  prescribe. 

Sect.  6.  In  case  an  election  of  directors  should  not  be  made  on 
any  day  as  provided  in  this  Act,  said  company  shall  not  thereby 
be  dissolved,  but  such  election  may  be  made  at  any  other  lime, 
directed  by  the  by-laws  of  said  company. 

Sect.  7.  Four  directors  shall  form  a  board,  who  shall  be  compe- 


VERMONT.  717 

tent  to  transact  all  the  business  of  said  company;  make  and  pre- 
scribe such  by-laws  and  regulations  as  shall  be  necessary  for  the 
management  of  the  capital  stock,  and  all  other  property  of  said 
company,  the  transfer  of  shares,  the  duties  of  the  officers  and  ser- 
vants of  said  company,  the  election  of  directors,  and  all  other 
matters  relating  to  the  business  of  said  company ;  they  may  also 
appoint  a  clerk  or  secretary,  and  treasurer,  and  fix  their  salaries, 
and  the  salary  of  the  president.  Said  corporation,  by  their  officers 
or  servants,  may  enter  upon  such  line  or  route,  so  to  be  designated 
as  aforesaid  for  said  road,  to  lay  out  said  road,  not  exceeding  six 
rods  in  width,  through  the  whole  length  of  said  line  or  route;  and 
said  company  may  enter  upon,  take  possession,  and  use  all  such 
lands  and  real  estate,  as  may  be  necessary  for  the  construction  of 
said  railroad,  and  the  accommodation  requisite  and  appertaining 
to  the  same ;  and  may  take  and  hold  all  such  grants  and  donations 
of  land  and  real  estate,  as  may  be  made  to  said  company,  to  aid  in 
the  construction,  maintenance,  and  accommodation  of  said  road: 
Provided^  That  all  lands,  or  other  real  estate,  thus  entered  upon 
and  used  by  said  company,  which  have  not  been  granted  or  given 
to  said  company,  shall  be  purchased  by  said  company  from  the 
owners  of  the  same;  and  in  case  of  a  disagreement  about  the  price 
of  such  lands,  and  before  the  making  of  any  portion  of  the  road 
thereon,  any  two  of  the  judges  of  the  supreme  court,  upon  appli- 
cation for  that  purpose  by  said  company,  shall  appoint  three  disin- 
terested commissioners,  to  determine  the  damages  which  the  owner 
or  owners  of  such  lands  or  real  estate  may  have  sustained,  or  shall 
be  hkely  to  sustain,  by  the  occupation  of  the  same  for  the  purposes 
aforesaid,  and  upon  the  payment  of  the  damages  determined  upon 
by  such  commissioners,  with  the  costs  and  charges  thereupon 
accruing,  by  said  company,  or  upon  said  company  depositing,  in 
such  bank  as  said  commissioners  shall  direct,  the  amount  of  such 
damages,  with  the  costs  and  charges  aforesaid,  to  the  credit  of  the 
person  or  persons  to  whom  such  damages  and  costs  have  been 
awarded  by  said  commissioners,  such  bank  giving  notice  personally 
or  by  letter  through  the  post  office,  to  such  person  or  persons,  that 
such  deposit  has  been  made  by  said  company,  said  company  shall 
be  deemed  to  be  seised  and  possessed  of  all  such  lands  or  real  estate 
as  shall  have  been  appraised  by  said  commissioners.  Said  com- 
missioners shall  give  three  days'  notice  to  the  occupants  or  owners 
of  the  lands  to  be  appraised,  of  the  time  and  place,  when  and 
where,  they  will  attend  to  such  appraisal,  and  when  such  appraisal 


718  VERMONT   CENTRAL   RAILROAD    COMPANY. 

is  made,  they  shall  deliver  to  said  company  a  written  statement  of 
the  same,  with  a  description  of  the  land  or  real  estate  so  by  them 
appraised,  which,  within  sixty  days  thereafter,  said  company  shall 
cause  to  be  recorded  in  the  town-clerk's  office  of  the  town  where 
such  lands  or  real  estate  lie ;  and  in  case  the  owner  of  lands  or  real 
estate,  taken  by  said  company,  shall  be  a  married  woman,  an 
infant,  idiot,  or  insane,  or  shall  not  reside  in  this  State,  then  said 
company  shall  cause  the  damages,  sustained  by  such  owners,  to 
be  determined  in  the  manner  above  prescribed,  and  shall  pay  the 
same  to  the  owners  last  above  mentioned,  when  the  same  shall  be 
lawfully  demanded,  with  the  interest  thereon  at  the  rate  of  six  per 
cent,  per  annum,  which  said  damages  and  the  interest  thereon, 
shall  be  a  specific  lien  upon  the  real  estate  of  said  company,  and 
shall  be  preferred  before  any  other  demand  against  said  company; 
no  application  shall  be  made  to  said  commissioners  to  determine 
damages  which  may  be  sustained,  unless  made  within  three  years 
from  the  time  of  taking  said  land. 

Sect.  8.  Should  the  company,  or  the  owner  of  any  land  or  mate- 
rials, feel  aggrieved  by  the  decision  of  the  commissioners,  either 
party  may,  within  ninety  days  after  the  making  of  such  decision, 
appeal  to  the  county  court,  in  the  county  where  such  land  or  other 
real  estate  lies :  and  the  decision  of  such  court  shall  be  final,  and 
said  court  shall  tax  costs  for  either  party,  as  shall  be  just  and  equita- 
ble :  Provided,  That  to  settle  the  damages  which  the  construction 
of  said  road,  through  the  valley  of  Onion  River,  may  cause  to  the 
Winooski  Turnpike  Company,  the  supreme  court,  on  application, 
shall  appoint  a  disinterested  committee,  who,  after  giving  notice 
to  the  treasurers  of  both  companies  of  the  time  they  will  attend  to 
the  duties  of  their  appointment,  shall,  upon  examining  the  charter, 
books,  and  road  of  said  turnpike  company,  appraise  said  turnpike 
road  and  the  chartered  privileges  of  said  company,  without  refer- 
ence to  the  cost  of  the  same  or  the  privileges  granted  by  this  Act, 
at  such  sum,  not  exceeding  eighteen  thousand  dollars,  as  they 
shall  think  the  same  to  be  worth  in  cash,  and  deliver  a  certificate 
of  their  appraisal  to  the  treasurer  of  said  turnpike  company,  and 
also  to  the  treasurer  of  said  railroad  company,  which  appraisal 
said  railroad  company  shall  cause  to  be  made  before  laying  their 
rails  in  any  part  of  the  valley  of  Onion  River.  And  said  railroad 
company  shall  pay  to  the  several  shareholders  in  said  turnpike 
company,  who  shall  deliver  to  the  treasurer  of  said  railroad  com- 
pany an  assignment  of  their  shares  in  said  turnpike  company,  such 


VERMONT.  719 

proportion  of  said  appraised  value  of  said  turnpike  company's 
property  and  privileges  to  which  they  may  be  respectively  entitled, 
according  to  the  number  of  shares  owned  by  each  when  measured 
by  the  whole  number  of  shares  in  said  company.  And  said  rail- 
road company  may  hold  said  shares  so  assigned,  and  vote  on  the 
same  by  their  treasurer,  at  all  meetings  of  said  turnpike  company, 
or  sell  the  same  at  pleasure.  And  on  complying  with  this  provision, 
said  railroad  company  shall  not  be  subject  to  any  damages  or  lia- 
bilities to  said  turnpike  company,  excepting  such  as  are  provided 
for  in  section  ten  of  this  Act. 

Sect.  9.  Said  company  may  construct  and  use  one  or  mor-e  tracks 
of  proper  width,  as  they  shall  determine,  on  the  route  designated 
by  the  directors  as  aforesaid,  and  may  regulate  the  time  and  man- 
ner in  which  passengers  and  property  shall  be  transported  on  the 
same,  and  may  erect  and  maintain  toll-houses  and  other  buildings 
for  their  accommodation,  as  they  may  deem  suitable. 

Sect.  10.  When  it  shall  be  necessary,  in  the  construction  of  said 
road,  to  cross  any  stream  of  v/ater,  watercourse,  road  or  way, 
intersecting  said  railroad  route  or  line,  said  company  may  construct 
said  railroad  across  or  upon  the  same,  provided  said  company  shall 
restore  the  stream,  watercourse,  road,  or  way,  thus  intersected,  as 
near  as  practicable,  to  its  former  state  and  usefulness,  to  the  accept- 
ance of  the  selectmen  of  the  town  where  the  same  is  situated,  or 
in  case  of  their  refusal,  to  the  acceptance  of  the  commissioners  to 
be  appointed  agreeably  to  the  provisions  of  section  seven  of  this 
Act:  Provided,  that  nothing  in  this  Act  shall  be  so  construed  as  to 
prevent  the  crossing  of  said  railroad  with  teams  or  otherwise,  in 
such  manner  as  not  to  injure  the  same. 

Sect.  11.  Said  company  may,  from  time  to  time,  fix,  regulate, 
and  receive  tolls  and  charges,  for  the  transportation  of  passengers 
and  property  upon  said  road :  Provided,  that  the  supreme  court, 
at  any  stated  session  holden  in  the  county  of  Washington,  on  the 
application  of  any  ten  freeholders  in  any  town  or  towns  through 
which  said  railroad  may  pass,  may  alter  or  establish  the  rate  of 
toll  upon  said  road,  for  a  term  of  time  not  exceeding  ten  years,  at 
any  one  time,  in  such  manner  that  said  company  shall  not  receive 
less  than  twelve  per  centum  per  annum  on  the  capital  stock,  over 
and  above  all  charges  and  expenses  of  said  company. 

Sect.  12.  If  any  person  shall  wilfully  do,  or  cause  to  be  done, 
any  act,  whereby  any  building,  engine,  machine,  work,  or  any  thing 
appertaining  to  said  road,  shall  be  injured,  obstructed,  stopped,  or 


720  VERMONT   CENTRAL  RAILROAD    COMPANY. 

destroyed,  such  person  shall  forfeit  and  pay  to  said  company  double 
the  amount  of  damages  sustained  by  means  of  such  offence,  to  be 
recovered  in  the  name  of  said  company,  with  costs,  by  an  action  of 
debt,  and  shall  also  be  liable  to  indictment  by  the  grand  jury  of  the 
county  where  said  offence  shall  have  been  committed,  and  be  pun- 
ished as  for  a  misdemeanor. 

Sect.  13.  The  directors  of  said  company  may  require  payment 
of  the  sums  subscribed  to  the  capital  stock,  in  such  proportions  and 
at  such  times,  as  they  shall  deem  best,  not  exceeding  ten  dollars  at 
one  time,  and  one  hundred  dollars  upon  any  one  share,  under  the 
penalty  of  forfeiture  of  all  previous  payments  thereon,  and  when 
said  directors  shall  require  the  payment  of  any  portion  of  the  capital 
stock  of  said  company,  they  shall  give  at  least  thirty  days'  notice 
of  the  time  and  place  of  such  payment,  by  publishing  the  same  in 
such  newspapers,  printed  at  Montpelier,  and  at  such  other  places, 
as  they  shall  deem  proper. 

Sect.  14.  The  office  of  secretary  or  clerk  of  said  company,  shall 
be  kept  in  this  state,  in  some  town  through  which  said  road  shall 
pass. 

Sect.  15.  If  the  directors  of  said  company  shall  at  any  time 
deem  it  expedient  to  change  the  location  of  said  road,  by  reason  of 
damages  sustained  by  freshets,  or  for  any  other  cause ;  they  may 
change  the  location  of  such  parts  of  said  road  as  they  shall  deem 
proper,  always  complying  with  the  provisions  of  this  Act  in  relation 
to  the  examination,  surveys,  and  designation  of  the  line  or  route, 
and  construction  of  said  road. 

Sect.  16.  Said  company  may,  by  their  engineers,  agents,  or  work- 
men, with  such  teams,  and  carriages,  and  tools  as  they  may  find 
convenient,  enter  upon  any  lands  contiguous  to  said  railroad,  or 
the  works  connected  therewith,  to  dig,  blast,  and  carry  away  and 
use,  such  stone,  gravel,  earth,  and  other  materials,  as  may  be  ne- 
cessary for  building  or  repairing  said  road ;  doing  as  litde  damage 
thereby,  as  the  nature  of  the  case  will  permit;  and  in  case  damage 
shall  be  claimed  by  the  owner  of  land  thus  entered  upon,  and  for 
the  stone,  gravel,  and  other  materials  carried  away  as  aforesaid, 
and  the  owner  and  said  company  do  not  agree  upon  the  sum  to  be 
paid  therefor,  the  same  shall  be  assessed  by  commissioners  in  the 
manner  before  prescribed  in  this  Act ;  and  all  persons  aggrieved  by 
any  decision  of  said  commissioners,  shall  have  the  right  to  appeal 
as  herein  before  provided. 
Sect.  17.  The  stock,  property,  and  effects  of  said  company  shall 


VERMONT.  721 

be  exempt  from  all  taxes  levied  by  or  under  the  authority  of  this 
state :  Provided^  that  if  at  the  expiration  of  ten  years  next  after 
the  completion  of  said  road,  the  net  income  from  tolls  or  other 
profits  (taking  the  said  ten  years  as  the  basis  of  calculation,)  shall 
have  amounted  to  more  than  ten  per  centum  per  annum  upon  the 
cost  of  construction,  the  legislature  may  reduce  the  rates  of  toll  and 
other  profits,  in  such  manner  as  to  takeoff  the  surplus  for  the  next 
ten  years,  calculating  the  amount  of  transportation  upon  said  road 
to  be  the  same  as  the  ten  preceding  years;  and  at  tlie  end  of  every 
ten  years  thereafter,  the  same  proceedings  may  be  had,  or  instead 
of  so  reducing  the  tolls  on  such  basis,  the  legislature  may  require 
said  company  to  pay  into  the  treasury  of  the  state  any  surplus,  pro- 
vided that  the  legislature  shall  not  at  any  time  so  reduce  the  tolls 
or  other  profits,  as  to  prevent  the  stockholders  from  receiving  ten 
per  centum  per  annum  upon  the  cost  of  said  road  ;  and  provided, 
also,  that  the  legislature  may,  after  the  expiration  of  twenty  years 
from  the  opening  of  said  road  herein  provided,  purchase  of  said 
company  said  railroad,  and  all  franchises,  property,  rights  and 
privileges  thereto  belonging,  on  paying  therefor  the  amount  ex- 
pended in  making  said  road,  the  expenses  of  repairs,  with  all  other 
expenses  incurred  about  the  same,  with  ten  per  cent,  interest  there- 
on, deducting  all  sums  received  by  said  company  from  tolls  or 
other  sources  of  profit,  with  ten  per  cent,  interest  thereon,  received 
by  the  stockholders. 

Sect.  IS.  This  Act  shall  be  taken  and  deemed  to  be  a  public 
Act,  and  shall  be  construed  favorably  and  beneficially  for  all  the 
purposes  for  which  the  same  is  enacted. 

Sect.  19.  The  directors  of  said  company  shall,  annually,  on  or 
before  the  third  Thursday  of  October,  make  a  report  to  the  legis- 
lature, of  their  proceedings,  receipts  and  expenditures,  and  their 
books  shall  at  all  times  be  open  to  the  inspection  of  a  committee  of 
the  legislature  appointed  for  that  purpose. 

Sect.  20.  Nothing  in  this  Act  shall  authorize  said  company  to 
construct  a  railroad  in  the  valley  of  Connecticut  River,  so  as  to  in- 
terfere with  any  railroad  that  may  hereafter  be  authorized  to  be 
made  in  said  valley.     Aj^proved^  October  31,  1843. 

61 


722         BENNINGTON   AND    BRATTLEBORO'    RAILROAD    COMPANY. 


BENNINGTON  AND   BRATTLEBOEO'   RAILROAD   COMPANY. 

INCORPORATED    IN   VERMONT    IN    1835. 
No.  34  of  the  Private  Acts  of  1835  contains  the  Charter. 

Sect.  1  appoints  certain  persons  a  body  coi-porate,  ■vrith  poAver  to  construct  a  railroad 

or  McAdam  Road,  or  both,  to  transport  persons  and  property  tbereon,  and  to  do 

other  necessary  acts. 
Sect.  2  provides,  if  within  five  years  herefrom  they  do  not  commence  the  construc- 
tion of  said  road,  and  expend  $20,000  thereon,  and,  within  ten  years  herefrom 

complete  and  put  in  operation  said  road,  that  this  Act  shall  be  void. 
Sect.  3  fixes  the  capital  stock  at  |!500,000,  with  authority  to  increase  it,  if  necessary, 

to  $1,000,000,  in  shares  of  $100  each. 
Sect.  4  names  Commissioners,  who  shall  open  books  for  receiving  subscriptions,  and 

when  sufficient  is  subscribed,  shall  call  a  meeting  of  stockholders  for  choice  of 

Directors  ;  they  shall  preside  at  such  election,  certify  who  are  chosen,  and  appoint 

the  place  of  their  first  meeting,  and  thereafter  the  Directors   shall  be  chosen 

annually ;  may  cause  surveys  to  be  made,  and  select  the  route  of  the  road ;  the 

Company  may  make  alterations,  when  necessary. 
Sect.  5  i^rovides  that  the  Directors  may  choose  a  President  and  Vice  President,  and 

may  fill  any  vacancies  occurring  in  their  board. 
Sect.  6  authorizes  the  election  of  Directors  to  be  held  at  a  subsequent  day,  if  not 

held  on  the  day  appointed. 
Sect.  7  defines  the  powers  and  duties  of  the  Directors  ;  it  empowers  the  Company 

to  enter  upon  and  use  lands  necessary  for  the  road,  first  paying  damages,  to  be 

assessed  as  therein  provided. 
Sect.  8  gives  to  either  party  the  right  of  appeal  from  said  appraisement,  to  the 

County  Court. 
Sect.  9  authorizes  the  Corporation  to  construct  a  railroad,  or  other  road,  on  the 

route  described. 
Sect.  10  provides  that  the  Company  may  fix  rates  of  toll,  subject  to  revision  by  the 

Supreme  Court. 
Sect.  11  authorizes  them  to  demand  tolls,  and  requires  them  to  keep  accounts  of 

receipts  and  expenditures. 
Sect.  12  requires  them  to  post  up  the  rates  of  toll. 
Sect.  13  provides,  if  any  person  wilfully  injure  said  railroad  or  appurtenances,  that 

he  shall  forfeit  to  the  Company  treble  the  damages  sustained,  and  be  liable  to 

indictment. 
Sect.  14  authorizes  the  Company  to  construct  said  road  across  any  watercourse  or 

highway,  if  they  restore  the  same ;  it  requires  them  to  keep  a  fence  on  each  side 

of  the  road. 
Sect.  15  provides  that  the  State  may  authorize  any  Company  to  enter  upon  said 

road,  by  paying  the  tolls  prescribed  by  the  Legislature,  and  conforming  to  the 

rules. 


VERMONT.  723 

Sect.  16  reserves  to  the  State  the  right  to  purchase  said  road  and  property,  after 
fifty  years  herefrom,  by  paying  the  cost  and  10  per  cent,  per  annum  thereon. 

Sect.  17  authorizes  the  Directors  to  prescribe  the  time  and  mode  of  paying  sub- 
scriptions to  the  stock,  under  penalty  of  forfeiture  of  previous  payments. 

Sect.  18  provides  that  the  Commissioners  may  direct  a  certain  sum  to  be  paid  on 
each  share,  at  the  time  of  subscription,  to  render  it  valid  ;  if  more  than  $1,000,000 
are  subscribed,  they  shall  distribute  it. 

Sect.  19  provides  that  the  Act  shall  take  effect  immediately. 

Sect.  20  requires  the  Clerk's  office  to  be  kept  within  this  State. 

Sect.  21  provides  that  this  Company  shall  purchase  a  certain  turnpike,  and  pay 
damages,  if  not  agreed,  to  be  appraised  as  there  directed. 

Xo.  S  of  the  Private  Acts  of  1845  contains  an  Act  reviving  the  Act  incorporating  Uie 

Comjmny,  passed  November  10,  1835. 

Sect.  1  revives  and  regrants  the  rights  and  privileges  contained  va.  the  original  Act. 

Sect.  2  names  certain  persons  to  act  as  Commissioners. 

Sect.  3  fixes  the  respective  times  of  commencing  and  completing  the  road. 

Sect.  4  authorizes  this  Company  to  unite  with  any  Company  that  may  be  granted  in 

the  State  of  Xew  York,  in  continuation  of  this  road  to  Troy. 
Sect.  5  defines  the  time  and  manner  of  choosing  Directors. 
Sect.  6  provides  that  the  Supreme  Court  shall,  on  appKcation  therefor,  regulate  the 

rates  of  transportation  of  the  United  States'  Mail. 

No.  63  of  the  Private  Acts  of  1849  contains  an  additional  Act. 

Sect.  1  appoints  Commissioners  to  perform  the  duties  named  in  Section  2  of  the  Act 
passed  November  6,  1845. 

Sect.  2  authorizes  a  majority  of  said  Commissioners  to  call  a  meeting  of  stockhold- 
ers for  choice  of  Directors,  when  $50,000  shall  be  subscribed. 

Sect.  3  repeals  Section  5  of  the  Act  passed  November  6,  1845. 

Sect.  4  makes  the  Corporation  subject  to  all  general  laws  respecting  railroads. 


Laws  of  1835,  No.  34. 
An  Act  to  incorporate  the  Bennington  and  Brattleboro'  Railroad  Company. 

Sect.  1.  It  is  hereby  enacted^  tj'c.  That  Francis  Goodhue,  John 
Holbrook,  Jonathan  D.  Bradley,  Henry  Smith,  Paul  Chase,  John 
C.  Holbrook,  Isaac  Doolittle,  and  Pierpont  Isham,  with  such 
other  persons  as  shall  associate  with  them  for  that  purpose,  be, 
and  hereby  are  constituted  a  body  corporate  and  politic,  by  the  name 
of  the  Brattleboro'  and  Bennington  Railroad  Company,  with  the 
right  and  power  to  construct  a  single,  double  and  treble  railroad, 
or  McAdam  road,  or  both,  from  some  point  in  the  eastern  bound- 


724         BENNINGTON   AND   BRATTLEBORO'   RAILROAD    COMPANY. 

ary  of  the  towns  of  Putney,  Diimmerston,  Brattleboro'  or  Vernon, 
in  the  county  of  Windham,  to  the  line  of  the  State,  in  the  towns 
of  Readsboro',  Pownal,  Bennington,  Shaftsbury,  Arhngton  or 
Stamford,  as  shall  be  judged  expedient  by  said  corporation ; 
to  transport,  take,  and  carry,  property  and  persons  upon  the 
same,  by  the  power  and  force  of  steam,  of  animals,  or  other 
power,  or  of  any  combination  of  them,  which  the  said  company 
may  choose  to  employ  ;  and  by  that  name  they  and  their  succes- 
sors shall  be,  and  they  are  hereby,  vested  with  the  right  and 
privilege  of  constructing,  erecting,  building,  making,  and  using, 
a  single,  double  or  treble  railroad  or  McAdam  road,  or  ways,  for 
the  purposes  aforesaid  ;  and  shall  be  capable  of  suing  and  being 
sued,  of  pleading  and  being  impleaded,  in  all  courts  of  law  and 
equity,  and  in  all  manner  of  actions,  and  that  they  and  their 
successors  may  have  a  common  seal,  and  may  change  and  alter 
the  same  at  pleasure. 

Sect.  2.  That  if  the  corporation,  hereby  created,  shall  not, 
within  five  years  from  the  passage  of  this  Act,  commence  the 
construction  of  said  railroad  or  McAdam  road  or  ways,  and  expend, 
at  least,  the  sum  of  twenty  thousand  dollars  thereon,  and  shall  not, 
within  ten  years  from  the  passage  of  this  Act,  construct,  finish, 
and  put  in  operation,  the  said  single,  double,  or  treble  railroad  or 
McAdam  road,  or  ways,  or  one  of  them,  then  the  said  corpora- 
tion shall  thenceforth  forever  cease,  and  this  Act  shall  be  null  and 
void. 

Sect.  3.  That  the  capital  stock  of  said  company  shall  be  five 
hundred  thousand  dollars ;  the  said  company  to  be  authorized  to 
increase  that  capital  to  such  an  amount  as  shall  be  necessary  to 
complete  said  railroad  or  McAdam  road,  or  ways,  or  both  of  them, 
and  to  furnish  the  carriages  to  run  thereon  :  Provided^  that  such 
increase  shall  not  exceed  the  sum  of  one  million  of  dollars  ;  which 
shall  be  divided  into  shares  of  one  hundred  dollars  each;  which 
shall  be  deemed  personal  property,  and  transferable  in  such  man- 
ner as  the  said  corporation  shall,  by  their  by-laws,  direct. 

Sect.  4.  That  Gardner  C.  Hall,  Henry  Smith,  John  R.  Blake, 
Epaphro  Seymour,  Isaac  Doolittle,  and  Pierpont  Isham,  shall 
be  commissioners,  the  duty  of  whom,  or  a  major  part  of  them, 
it  shall  be,  within  the  period  of  two  years  after  the  passing  of 
this  Act,  at  some  suitable  places  within  the  towns  of  Brattleboro' 
and  Bennington,  in  said  State,  and  such  other  places,  as  they 
may  deem  proper,   to  open  books  to  receive  subscriptions  to  the 


VERMONT.  725 

capital  stock  of  the  said  corporation ;  and  twenty  days'  public 
notice  shall  be  given  by  the  said  commissioners,  of  the  time  and 
place  of  the  opening  of  such  books,  in  two  public  newspapers  pub- 
lished in  said  counties  of  Bennington  and  Windham,  and  in  such 
other  newspapers  as  they  may  deem  proper ;  and  as  soon  as  the 
same  shall  be  subscribed,  to  give  a  like  notice  for  a  meeting  of 
the  stockholders,  at  snch  time  and  place  as  the  said  commission- 
ers, or  a  majority  of  them,  shall  appoint,  to  choose  thirteen  directors. 
And  such  election  shall  be  then  and  there  made,  by  such  of  the 
stockholders  as  shall  attend  for  that  purpose,  either  in  person  or 
by  proxy,  each  proprietor  being  entitled  to  as  many  votes  as 
he  holds  shares,  provided  they  do  not  amount  to  more  than  one 
fourth  part  of  the  whole  number.  And  the  said  commissioners  shall 
he  inspectors  of  the  first  election  of  directors  of  said  corporation, 
and  shall  certify  under  their  hands,  the  names  of  those  duly 
elected,  and  deliver  over  the  subscription  books  to  the  said  direct- 
ors ;  and  the  time  and  place  of  holding  the  first  meeting  of  the 
directors  shall  be  fixed  by  said  commissioners ;  and  a  new  election 
of  directors  shall  be  made  annually,  at  such  time  and  place  as  the 
board  of  directors  shall  appoint,  giving  twenty  days'  notice  of  the 
time  and  place  of  meeting  for  that  purpose,  by  a  publication  in  one 
of  the  newspapers  printed  in  each  of  said  counties,  and  in  such 
other  papers  as  said  directors  shall  deem  proper.  And  the  said 
directors  shall  have  power  to  appoint  one  engineer,  and  to  cause 
such  examinations  and  surveys  for  the  said  railroad  or  McAdam 
road  to  be  made,  as  may  be  necessary  to  the  selection  by  them, 
or  a  majority  of  them,  of  the  most  advantageous  line,  course  or 
way,  for  the  said  railroad  or  McAdam  road,  as  shall  be  judged, 
expedient  by  said  corporation.  And  the  said  directors,  or  a  major- 
ity of  them,  shall,  after  such  examinations  and  surveys  shall  be 
made,  select,  and  by  certificates  under  their,  or  a  majority  of  their 
hands  and  seals,  designate  the  line,  course,  or  way,  which  they, 
Or  a  majority  of  them,  shall  deem  most  advantageous  for  said  rail- 
road or  McAdam  road ;  one  of  which  certificates  shall  be  recorded 
in  the  ofiice  of  the  town  clerk  in  each  of  the  towns  through  which 
the  said  road  passes ;  which  line,  course,  or  way,  so  selected  and 
certified,  shall  be  deemed  the  line,  course  or  way  on  which  the  said 
corporation  shall  construct,  erect,  build,  or  make,  their  said  rail  or 
McAdam  road,  as  hereinafter  mentioned.  And  it  shall  be  law- 
ful for  said  corporation,  if  they  shall  think  proper,  to  make  any 
alterations,  from  time  to  time  j  which  alterations  shall  be  recorded 

61* 


726         BENNINGTON   AND   BRATTLEBORO'    RAILROAD    COMPANY. 

in  the  clerk's  office  in  the  town  in  which  they  shall  be  made ;  the 
expenses  of  all  which  surveys  and  examinations,  as  also  of  the 
preliminary  snrvey  now  making  or  already  made,  and  all  man- 
ner of  incidental  expenses  relating  thereto,  shall  be  paid  by  the 
said  corporation. 

Sect.  5.  That  the  said  directors,  to  be  chosen  at  such  meeting, 
or  at  such  annual  election,  shall,  as  soon  as  may  be,  after  every 
election,  choose  out  of  their  own  number,  one  president,  and  one 
vice-president;  in  case  of  the  death,  resignation,  or  absence  of  the 
president,  the  vice-president  shall  preside  until  the  next  annual 
meeting  thereafter,  or  until  another  president  shall  be  chosen  ;  and 
in  case  of  the  death  or  resignation  of  the  president,  vice-president,  or 
of  any  director,  such  vacancy,  or  vacancies,  may  be  filled,  for  the 
remainder  of  the  year  whenever  they  may  happen,  by  the  board  of 
directors;  and  in  case  of  the  absence  of  the  president,  the  board 
of  directors  shall  have  power  to  appoint  a  president  pro  tempore, 
who  shall  have  and  exercise  such  powers  and  functions  as  the 
by-laws  of  said  corporation  may  provide. 

Sect.  6.  That  in  case  it  should  at  any  time  happen,  that  an 
election  of  directors  shall  not  be  made  on  any  day  when,  pursuant 
to  this  Act,  it  ought  to  have  been  made,  the  said  corporation  shall 
not,  for  that  cause,  be  deemed  to  be  dissolved,  but  such  election 
may  be  held  at  any  other  time,  directed  by  the  by-laws  of  said  cor- 
poration. 

Sect.  7.  That  nine  directors  shall  form  a  board,  and  they,  or  a 
majority  of  them,  shall  be  competent  to  transact  all  the  business 
of  said  corporation  ;  and  they  shall  have  full  power  to  make 
and  prescribe  such  by-laws,  rules,  and  regulations,  as  to  them 
shall  appear  needful  and  proper,  touching  the  management  and 
disposition  of  the  stock,  property,  estate,  and  effects  of  the  said 
corporation  ;  the  transfer  of  shares  ;  and  touching  the  duties  and 
conduct  of  their  officers  and  servants,  and  the  election  of  direct- 
ors; and  all  other  matters  whatsoever,  which  may  appertain 
to  the  concerns  of  the  said  corporation ;  and  also  shall  have  power 
to  appoint  a  clerk,  who  shall  be  sworn  to  the  faithful  discharge  of 
his  duty,  and  a  treasurer,  who  shall  give  bonds  to  the  corporation, 
with  sureties,  to  their  satisfaction,  in  a  sum  not  less  than  twenty 
thousand  dollars,  for  the  faithful  discharge  of  his  trust,  and  as 
many  servants  as  to  them  shall  seem  meet,  and  to  establish  and  fix 
such  salaries  and  allowances  to  them,  and,  also,  to  the  president 
and  vice-president,  as  to  the  said  board  shall  appear  proper.     And 


VERMONT.  727 

the  said  corporation  are  hereby  authorized,  by  their  agents,  sur- 
veyors and  engineers,  to  enter  upon  such  route,  place  or  places, 
to  be  designated  as  aforesaid  by  the  said  directors,  as  the  line, 
course,  road  or  way,  whereon  to  construct  their  single,  double, 
or  treble  railroad  or  McAdam  road,  or  ways;  and  it  shall  be  law- 
ful for  said  corporation  to  enter  upon,  and  take  possession  of,  and 
use  all  such  lands,  and  real  estate,  as  may  be  indispensable  for  the 
construction  and  maintenance  of  their  said  road  or  way,  and  the 
accommodation  requisite  and  appertaining  to  them  ;  and  may,  also, 
receive,  hold,  and  take  all  such  voluntary  grants  and  donations  of 
land,  and  real  estate,  as  shall  be  made  to  the  said  corporation,  to 
aid  in  the  construction,  maintenance  and  accommodation  of  the 
said  road  or  way  :  Provided,  That  all  lands  or  real  estate 
thus  entered  and  taken  possession  of,  and  used  by  the  said  corpo- 
ration, ^nd  which  are  not  donations,  shall  be  purchased  by  the 
said  corporation,  and  of  the  owner  or  owners  of  the  same,  at  a 
price  to  be  mutually  agreed  upon  between  them  ;  and  in  case  of  a 
disagreement  of  price,  and  before  the  making  of  any  portion  of  the 
road  upon  said  land,  it  shall  be  the  duty  of  the  judges  of  the  supreme 
court  of  this  State  to  appoint  three  commissioners,  who  shall  be 
persons  not  interested  in  the  matters  to  be  determined  by  them,  to 
determine  the  damages  which  the  owner  or  owners  of  the  land  or 
real  estate,  so  entered  upon  by  the  corporation,  may  have  sus- 
tained, or  shall  be  likely  to  sustain,  by  the  occnpation  of  the  same  ; 
and  upon  the  payment  of  such  damages,  together  with  the  costs  and 
charges  attending  the  appraisement,  by  the  said  corporation,  the 
said  commissioners  being  allowed  three  dollars  each,  per  day,  while 
thus  employed  ;  or,  upon  the  said  corporation  depositing  in  either  of 
the  banks  in  said  Windham  or  Bennington  counties,  the  amount  of 
such  damages,  together  with  the  costs  and  charges  aforesaid,  to  the 
credit  of  the  person,  or  persons,  to  whom  the  commissioners  may 
have  awarded  them,  the  proper  officers  of  said  banks  giving  notice 
to  such  person,  or  persons,  by  letter,  of  such  deposit  being  made  by 
said  corporation ;  then  the  said  corporation  shall  be  deemed  to  be 
seised  and  possessed  of  such  lands  or  real  estate,  as  shall  have  been 
so  appraised  by  said  commissioners.  And  it  shall  be  the  duty  of 
said  commissioners  to  give  fifteen  days'  notice,  of  the  time  and 
place  of  such  appraisement,  to  the  occupants  or  owners  of  the  land 
to  be  appraised,  and  after  such  appraisement,  to  deliver  to  the 
said  corporation  a  written  statement  of  the  award,  or  awards,  they 
shall  make,  with  a  description  of  the  land  or  real  estate,  apprais- 


728         BENNINGTON   AND    ERATTLEBORO'    RAILROAD    COMPANY. 

ed,  and  which  shall,  within  sixty  days,  be  recorded  by  the  said  cor- 
poration, in  the  clerk's  office  in  the  town  where  such  land  or  real 
estate  may  lie  ;  and  in  case  any  owner  of  any  land,  or  real  estate, 
taken  by  said  corporation,  shall  be  married  women,  infants,  idiots 
or  insane,  or  shall  reside  out  of  the  State,  then  and  in  such  case, 
the  said  corporation  shall  receive  [cause]  the  damages  sustained  by 
such  owners  to  be  determined  in  the  manner  above  prescribed,  and 
shall  pay  the  amount  of  such  last  mentioned  damages  to  the  said 
last  mentioned  owners  respectively,  whenever  the  same  shall  be 
lawfully  demanded,  together  with  the  interest,  at  the  rate  of  six 
per  centum  per  annum,  which  said  amount  and  interest  shall  be  a 
specific  lien  on  the  real  estate  of  said  corporation,  an.d  shall  have 
a  preference  to  any  other  demand  against  said  corporation. 

Sect.  8.  That  should  the  said  corporation,  or  the  owner  of  any  real 
estate,  land  or  materials,  feel  themselves  aggrieved  by  the  decision 
of  the  commissioners  aforesaid,  either  party  may,  within  ninety 
days  from  the  making  of  said  decision,  and  notice  thereof,  or  from 
the  removal  of  the  disabilities  in  the  preceding  section  mentioned, 
or  from  the  return  of  such  non-resident  to  this  State,  appeal  to  the 
county  court,  of  the  county  where  such  lands  or  other  property  lie; 
and  the  decision  of  said  court  shall  be  final  and  conclusive,  and 
the  said  court  shall  tax  costs  for  or  against  either  party,  as  they 
shall  adjudge  just  and  equitable. 

Sect.  9.  That  the  said  corporation  is,  hereby,  authorized  to  con- 
struct, erect,  build,  make  and  use,  a  single,  double  or  treble  rail- 
road, or  McAdam  road  or  way,  of  a  suitable  width  and  dimensions, 
to  be  determined  by  said  corporation,  on  the  line,  course  or  way 
designated  by  the  directors,  as  aforesaid,  as  the  line,  course  or 
way,  wiiereon  to  construct,  erect,  build  and  make  the  same. 

Sect.  10.  That  a  toll  be.  and  hereby  is,  granted  and  established 
for  the  sole  benefit  of  said  corporation,  upon  all  passengers  and 
property,  of  all  descriptions,  which  may  be  conveyed  or  transported 
upon  such  road,  at  such  rates  per  mile  as  may  be  agreed  upon  and 
established  from  time  to  time,  by  the  directors  of  said  corporation. 
The  transportation  of  persons  and  property,  the  construction  of 
wheels,  the  form  of  cars  and  carriages,  the  weight  of  loads,  and 
all  other  matters  and  things  in  relation  to  the  use  of  said  road, 
shall  be  in  conformity  to  such  rules,  regulations  and  provisions  as 
the  directors  shall,  from  time  to  time,  prescribe  and  direct :  Pro- 
vided, however,  That  the  supreme  court,  at  any  stated  session 
thereof,  to  be  holden  in  either  of  the  counties  of  Bennington  or 


VERMONT.  729 

Windham,  on  application  of  any  ten  freeholders  in  any  town, 
or  towns,  through  which  said  road  may  pass,  may  alter  or  estab- 
lish the  rate,  or  rates  of  tolls,  and  price  of  transportation,  upon 
said  road,  for  a  term  of  time,  not  exceeding  ten  years  at  any 
one  time,  and  in  such  a  manner,  that  said  corporation  shall  not 
receive  less  than  twelve  per  centum  per  annum,  on  the  amount  of 
capital  stock,  together  with  all  charges  and  expenses  of  said  cor- 
poration, for  the  first  fifty  years  after  said  corporation  shall  com- 
mence taking  toll  on  said  road,  and  in  such  a  manner  that  said  cor- 
poration shall  not  receive  less  than  six  per  centum  per  annum  on 
the  amount  of  capital  stock,  together  with  all  charges  and  expen- 
ses thereafter. 

Sect.  11.  That  the  directors  of  said  corporation,  for  the  time 
being,  are  hereby  authorized  to  erect  toll-houses,  establish  gates, 
appoint  toll-gatherers,  and  demand  toll  upon  the  said  road,  when 
completed,  and  upon  such  parts  thereof  as  shall  from  time  to  time 
be  completed  ;  and  said  corporation  shall  keep  just  and  true  books 
and  accounts  of  all  expenditures  by  them  made  in  constructing  and 
keeping  in  repair  said  road,  and  also  of  all  the  moneys  and  tolls 
received  thereon,  which  books  and  accounts  shall,  at  all  times,  be 
open  to  the  inspection  of  any  committee  of  the  legislature  or  of  the 
supreme  court;  and  any  such  committee  shall  have  full  power  to 
examine  any  of  the  oflicers  of  said  corporation,  under  oath,  touch- 
ing the  receipts  and  expenditures  of  said  corporation. 

Sect.  12.  That  the  said  corporation  shall  keep  constantly  exposed 
to  view,  at  all  places  where  they  shall  have  toll  houses,  or  gates, 
and  at  public  places  where  they  may  receive  passengers,  or 
freight,  a  sign  or  hand-bill,  with  the  rates  of  toll,  legibly  written  or 
printed  thereon. 

Sect.  13.  That  if  any  person  shall  maliciously,  wilfully,  or 
wantonly,  and  contrary  to  law,  obstruct  the  passage  of  any  car- 
riage on  said  road,  or  in  any  way  shall  injure  or  destroy  said  road, 
or  any  part  thereof,  or  any  thing  belonging  thereto,  or  any  mate- 
rial or  implement  to  be  employed  in  the  construction,  or  for  the 
use  of  said  road,  he,  she,  or  they,  or  any  persons  aiding,  assisting, 
or  abetting  in  such  trespasses,  shall  forfeit  and  pay  to  said  corpo- 
ration, for  every  such  offence,  treble  such  damages  as  shall  be  found 
before  the  justice,  court,  or  jury,  before  whom  the  trial  shall  be 
had,  to  be  sued  for  and  recovered  in  the  name  of  said  corporation, 
before  any  justice  or  court  proper  to  try  the  same.  And  such 
oflfender  or  offenders  shall  be  liable  to  indictment,  by  the  grand 


730  BEXNINGTON   AND   BRATTLEBORO'    RAILROAD    COMPAXT. 

inquest  for  the  county  within  which  such  trespass  shall  have  been 
committed,  for  any  offence  or  offences  contrary  to  the  above  pro- 
visions, and  on  conviction  thereof  before  any  county  court  to  be 
holden  in  said  counties,  shall  pay  a  fine,  not  exceeding  one  hun- 
dred dollars,  to  the  use  of  the  State. 

Sect,  14.  That  if  the  said  road,  in  the  course  thereof,  shall  cross 
any  private  way,  the  corporation  shall  so  construct  said  road  as 
not  to  obstruct  the  safe  and  convenient  use  of  such  private  way; 
and  if  said  road  be  not  so  constructed,  the  party  aggrieved  shall 
be  entitled  to  his  action  on  the  case,  in  any  court  proper  to  try  the 
same,  and  shall  recover  his  reasonable  damages  for  such  injury. 
And  if  the  said  road  shall,  in  the  course  thereof,  cross  any  canal, 
turnpike,  or  other  highway,  the  said  road  shall  be  so  constructed 
as  not  to  impede  or  obstruct  the  safe  and  convenient  use  of  such 
canal,  turnpike,  or  other  highway.  And  the  said  corporation  shall 
have  the  power  to  raise  or  lower  such  turnpike,  highway,  or 
private  way,  so  that  the  said  railroad  or  McAdam  road,  if  neces- 
sary, may  conveniently  pass  under  or  over  the  same ;  and  if  said 
corporation  shall  raise  or  lower  any  such  turnpike,  highway,  or 
private  way,  pursuant  thereto,  and  shall  not  so  raise  or  lower  the 
same  as  to  be  satisfactory  to  the  proprietors  of  such  turnpike,  or  to 
the  selectmen  of  the  town  in  which  said  highway  or  private  way 
may  be  situate,  as  the  case  may  be,  said  proprietors  or  selectmen 
may  require,  in  writing,  of  said  corporation  such  alteration  or 
amendment  as  they  may  think  necessary;  and  if  the  required 
amendment  be  reasonable  and  proper,  and  the  said  corporation 
shall  unreasonably  and  unnecessarily  neglect  to  make  the  same, 
such  proprietors  or  selectmen,  as  the  case  may  be,  may  proceed  to 
make  such  alteration  or  amendment,  and  may  institute  and  prose- 
cute to  final  judgment  and  execution,  in  any  court  proper  to  try  the 
same,  any  action  of  the  case  against  said  corporation,  and  shall 
therein  recover  reasonable  indemnity  in  damages  for  all  charges, 
disbursements,  labor,  and  services,  occasioned  by  making  such 
alteration  or  amendment,  with  costs  of  suit.  And  if  the  said  road 
or  way  shall,  in  the  course  thereof,  intersect  or  cross  any  stream 
of  water,  or  watercourse,  it  shall  be  lawful  for  said  corporation  to 
construct  their  said  road  or  way  across  or  upon  the  same :  Pro- 
vided, the  said  corporation  shall  restore  the  stream,  or  watercourse, 
thus  intersected  or  crossed,  to  its  former  state,  or  in  suQicient  man- 
ner not  to  impair  its  usefulness.  And  the  said  corporation  shall 
erect  and  maintain  a  sufiicient  fence  upon  each  side  of  their  road 


VEKMONT.  731 

or  way,  through  the  whole  route  thereof :  Provided  nevertheless^ 
that  nothing  in  this  Act  shall  be  so  construed  as  to  prevent  the 
crossing  of  said  road  or  way,  with  teams  or  otherwise,  in  such  a 
manner  as  shall  be  calculated  not  to  injure  the  same. 

Sect.  15.  That  the  State  may  authorize  any  company  to  enter 
with  another  railroad,  at  any  point  of  said  Brattleboro'  and  Ben- 
nington railroad,  paying  for  the  right  to  use  the  same,  or  any  part 
thereof,  such  a  rate  of  toll  as  the  legislature  may,  from  time  to 
time,  prescribe,  and  complying  with  such  rules  and  regulations  as 
may  be  established  by  the  aforesaid  corporation,  by  virtue  of  this 
Act. 

Sect.  16.  That  it  shall  be  in  the  power  of  the  legislature  of  this 
State,  at  any  time  during  the  continuance  of  this  Act,  after  the 
expiration  of  fifty  years  from  the  opening  for  use  of  the  road  or 
way,  herein  provided  to  be  made,  and  not  before,  to  purchase  of 
the  said  corporation  the  said  road  or  way,  and  all  the  franchise, 
property,  rights,  and  privileges  of  the  said  corporation,  by  paying 
them  therefor  the  amount  expended  in  making  said  road,  and  the 
expenses  of  repair,  and  all  other  expenses  relating  thereto.  And 
in  case,  at  the  time  of  such  purchase,  the  said  corporation  shall  not 
have  received  an  income  equal  to  ten  per  centum  per  annum  all 
[on]  the  original  cost,  over  and  above  the  charges  for  repairs,  and 
superintendence,  and  all  other  expenses  relating  thereto,  the  legis- 
lature are  to  pay  the  said  corporation  such  additional  sum  as, 
together  with  the  tolls  and  profits  of  every  kind  which  they  shall 
have  received  from  said  road  or  way,  will  be  equal  to  ten  per 
centum  per  annum  on  the  cost  of  said  road  or  way,  from  the  date 
of  the  payment  thereof  by  the  stockholders  of  said  corporation  to 
the  time  of  such  purchase. 

Sect.  17.  That  it  shall  be  lawful  for  the  directors,  or  a  majority 
of  them,  to  require  payment  of  the  sums  to  be  subscribed  to  the 
capital  stock,  at  such  times,  and  in  such  proportions,  and  on  such 
conditions,  as  they,  or  a  majority  of  them,  shall  deem  fit,  under 
the  penalty  of  the  forfeitures  of  all  previous  payments  thereon,  and 
shall  give  notice  of  the  payments  thus  required,  and  of  the  time 
and  place  when  the  same  are  to  be  paid,  at  least  thirty  days  pre- 
vious to  the  payment  of  the  same,  in  a  public  newspaper  printed 
in  said  Windham  county,  and  in  a  public  newspaper  printed  in 
said  Bennington  county. 

Sect.  IS.  That  the  commissioners  named  in  the  fourth  section 
of  this  Act  may,  at  the  time  of  any  such  subscription,  by  any  per- 


732    BEXNINGTON  AND  BRATTLEBORO'  RAILROAD  COMPANY. 

son  or  persons,  for  the  capital  stock  of  said  corporation,  require  the 
payment  to  them,  by  the  person  or  persons  subscribing,  of  such 
sum  towards  and  upon  every  hundred  dollars  so  subscribed,  as 
to  said  commissioners  may  seem  proper,  and,  unless  the  same  shall 
be  paid,  the  subscription  shall  be  invalid  ;  and  in  case  a  greater 
amount  of  capital  stock  shall  be  subscribed  than  the  sum  of  one 
million  dollars,  the  said  commissioners  shall  distribute  the  stock 
in  such  manner  as  they  shall  deem  equitable  and  just. 

Sect.  19.  That  this  Act  shall  take  effect  immediately  after  the 
passage  thereof 

Sect.  20.  That  the  office  of  Clerk  of  said  corporation  shall  be 
kept  within  this  State. 

Sect.  21.  That  if  the  said  railroad,  or  McAdam  road,  shall  be 
laid  through  the  towns  of  Woodford  or  Searsburgh,  or  any  part 
thereof,  the  said  corporation  shall  purchase  of  the  Searsburgh 
Turnpike  Corporation  their  turnpike,  and  all  the  franchise  and 
privileges  thereof,  and  pay  them  the  value  thereof.  And  in  case 
the  said  two  corporations  shall  not  agree  upon  the  value  thereof, 
the  same  shall  be  appraised  by  a  disinterested  committee,  to  be 
appointed  by  the  county  court  for  the  county  of  Windham,  and  the 
said  railroad  company  shall  not  be  permitted  to  take  toll  on  their 
road  until  they  shall  have  purchased  said  turnpike,  as  is  herein 
before  provided,  if  the  said  Searsburgh  company  shall  be  willing 
to  sell  the  same.     Passed  Nov.  10,  1835. 

Laws  of  1845,  No.  8. 

An  Act  to  revive  an  Act  entitled  "  An  Act  to  incorporate  the  Bennington  and  Brat- 
tleboro'  Railroad  Company,"  passed  November  ten,  one  thousand  eight  hundi-ed 
and  thirty-five. 

Sect.  1.  It  is  hereby  enacted,  (^c.  That  said  Act,  and  all  the 
powers,  privileges,  and  immunities  therein  granted,  are  hereby 
revived  and  regranted  to  said  company,  as  fully  as  if  the  said  com- 
pany had  complied  with  the  conditions  mentioned  in  section  two 
of  said  Act. 

Sect.  2.  Henry  Smith,  Jonathan  D.  Bradley,  Charles  Chapin, 
Gardner  C.  Hall.  Israel  Lawton,  Hiland  Hall  and  Pierpont  Isham 
shall  be  the  board  of  commissioners,  to  perform  the  duties  men- 
tioned in  section  four  of  said  Act. 

Sect.  3.  If  said  company  shall  not  within  five  years  commence 


VERMONT.  733 

the  construction  of  said  road,  and  expend  thereon  at  least  twenty 
thousand  dollars,  and  complete  the  same  within  ten  years  from 
the  passing  of  this  Act,  then  this  Act  shall  be  void  :  Provided,  that 
nothing  in  this  Act  shall  be  so  construed  as  to  deprive  said  com- 
pany of  any  of  the  privileges  or  benefits  granted  by  said  Act, 
upon  such  parts  of  said  road  as  shall  be  made  within  the  time 
aforesaid. 

Sect.  4.  Said  company  may  imite  with  any  railroad  company 
that  may  be  granted  in  the  State  of  New  York,  in  continuation 
of  this  road  to  the  city  of  Troy,  in  the  State  of  New  York,  in  any 
way  not  inconsistent  with  the  laws  of  this  State,  which  said  com- 
pany may  deem  expedient  to  promote  the  general  interest  of  a  road 
from  Brattleboro'  to  Troy. 

Sect.  5.  The  commissioners  herein  appointed,  or  a  major  part 
of  them,  may  call  a  meeting  of  the  stockholders  for  the  purpose  of 
choosing  directors,  as  provided  in  section  four,  whenever  they  shall 
have  obtained  subscriptions  to  the  capital  stock  to  the  amount  of 
one  hundred  thousand  dollars. 

Sect.  6.  The  supreme  court  shall,  on  application  for  that  pur- 
pose, fix  the  price  for  which  the  United  States'  mail  shall  be  trans- 
ported to  and  from  any  different  points  on  said  road,  which  shall 
continue  to  be  the  price  for  which  said  company  shall  transport 
said  mail,  until  the  same  shall  be  diminished  or  increased  by  said 
court,  which  they  are  hereby  authorized  to  do,  on  application  for 
that  purpose.     Apirroved,  November  6,  1845. 

Laws  of  1849,  No.  63. 
An  Act  in  relation  to  tlie  Bennington  and  Brattleboro'  Kailroad  Company. 

Sect.  1.  It  is  hereby  enacted,  ^'c.  That  L.  R.  Graves,  Pierpoint 
Isham,  C.  W.  Fenton,  B.  F.  Fay,  P.  L.  Robinson  and  A.  Doty, 
shall  be  the  board  of  commissioners,  to  perform  the  duties  men- 
tioned in  section  two  of  "an  Act  to  revive  an  Act  entitled  an  Act 
to  incorporate  the  Bennington  and  Brattleboro'  Railroad  Com- 
pany," approved  November  6,  1845. 

Sect.  2.  The  commissioners  named  in  the  preceding  section,  or 
a  majority  of  them,  may  call  a  meeting  of  the  stockholders  for  the 
purpose  of  choosing  directors  of  said  company,  as  provided  in  sec- 
tion four  of  the  Act  incorporating  said  company,  passed  November 
10th,  A.  D.  1835,  whenever  they  shall  have  obtained  subscriptions 
to  the  capital  stock  to  the  amount  of  fifty  thousand  dollars. 

62 


734      RUTLAND   AND    CONNECTICUT  RIVER  RAILROAD    COMPANY. 

Sect.  3.  Section  five  of  the  "  Act  to  revive  the  Act  entitled  an 
Act  to  incorporate  the  Bennington  and  Brattleboro'  Railroad  Com- 
pany," passed  November  6,  1S15,  is  hereby  repealed. 

Sect.  4.  This  corporation  shall  be  subject  to  any  general  railroad 
law,  that  may  pass  at  this  or  any  future  session  of  the  Legislature 
of  this  State.     Approved,  November,  9th,  1849. 


EUTLAND  AND   COXXECTICUT  RR'ER  RAILROAD   COMPANT. 


INCORPORATED    LN    VERMONT    IN    1835. 

No,  35  of  the  Private  Acts  of  1835  contains  the  Charter. 

Sect.  1  creates  the  persons  named  and  their  associates  a  body  corporate,  having 
power  to  construct  a  raikoad  as  described,  to  transport  persons  and  property 
thereon,  and  to  do  necessary  acts. 

Sect.  2  provides,  if  -within  five  years  herefrom  they  do  not  commence  the  construc- 
tion of  said  road,  and  expend  $20,000  thereon,  and  within  ten  years  herefrom 
they  do  not  complete  said  road,  that  this  Act  shall  be  void. 

Sect.  3  fixes  the  capital  stock  at  $500,000,  with  power  to  increase  it  to  $1,000,000, 
in  shares  of  $100  each. 

Sect.  4  names  Commissioners,  who  shall,  within  two  years,  open  books  for  receiving 
subscriptions  to  the  stock ;  when  the  stock  is  subscribed,  they  shall  call  a  meeting 
of  stockholders  to  choose  Directors,  shall  preside  at  their  election,  decide  who  are 
chosen,  and  call  their  first  meeting ;  the  Directors  shall  be  chosen  annually ;  they 
may  cause  surveys  to  be  made,  and  designate  the  route  of  the  road,  which  may  be 
altered  by  the  Company,  when  necessary. 

Sect.  5  prbvides  that  the  Directors  shall  choose  a  President  and  Vice-President,  and 
may  fiU  vacancies  occurring. 

Sect.  6  authorizes  an  election  of  Directors  to  be  held  subsequent  to  the  day  appointed, 
if  necessary. 

Sect.  7  defines  the  powers  and  duties  of  the  Directors ;  it  empowers  the  Company 
to  enter  upon  and  occupy  lands  necessary  for  the  road,  by  paying  damages  assessed 
as  therein  provided. 

Sect.  8  gives  to  either  party  the  right  of  appeal  from  such  appraisement  to  the 
County  Court,  whose  decision  shall  be  final. 

Sect.  9  authorizes  the  Corporation  to  construct  a  railroad  on  the  route  described. 

Sect.  10  grants  to  the  Company  toll  for  transportation  of  persons  and  property,  sub- 
ject to  revision  by  the  Supreme  Court. 

Sect.  11  authorizes  them  to  erect  toll-houses  and  demand  tolls,  and  requires  them 
to  keep  just  accoxints  of  their  receipts  and  expenditures. 

Sect.  12  requires  them  to  publicly  post  the  rates  of  toll. 

Sect.  13  provides,  if  any  person  -v^ilfully  injure  said  railroad  or  appurtenances,  that 
he  shall  forfeit  to  the  Company  treble  the  damages,  and  shall  be  liable  to  indict- 
ment. 


VERMONT.  735 

Sect.  14  provides  that  said  road  maj-  intersect  or  cross  any  watercourse  or  liigliway 

if  the  same  are  properly  restored ;  the  Company  shall  keep  a  fence  on  each  side 

of  the  road. 
Sect.  15  reserves  to  the  State  the  power  to  permit  other  railroads  to  enter  upon  this 

road,  by  paying  the  tolls  prescribed  and  conforming  to  the  Company's  rules. 
Sect.  16  reserves  to  the  State  the  right  to  purchase  said  raUroad  and  property,  after 

50  years  from  its  being  opened,  by  paying  its  cost  and  ten  per  cent,  per  annum 

thereon. 
Sect.  17  authorizes  the  Directors  to  prescribe  the  mode  of  paying  instalments  on  the 

stock,  under  penalty  of  forfeiture  of  previous  payments. 
Sect.  18  provides  that  the  Commissioners  may  require  payment  of  any  part  of  the 

subscriptions,  at  the  time ;  if  more  than  $500,000  are  subscribed,  the  stock  shall 

be  distributed. 
Sect.  19  provides  that  this  Act  shall  take  effect  immediately. 
Sect.  20  requires  the  Clerk's  office  to  be  kept  in  this  State. 


Laws  of  1835,  Xo.  35. 

An  Act  to  incorporate  the  Kutland  and  Connecticut  River  Railroad  Company. 

Sect.  1.  It  is  hereby  enacted,  ^c.  That  Jabez  Proctor,  Abel 
Gilson,  Jr.,  Salmon  F.  Dutton,  VVillard  B.  Johnson,  Nomlas 
Cobb,  Samuel  W.  Porter,  Abner  Field,  2d,  Henry  Hubbard,  Hor- 
ace Hall,  S.  D,  Hassam,  George  Olcott,  Samuel  Crosby,  Thomas 
Emerson,  Horace  Everett,  Allen  Wardner,  Carlos  Coolidge,  Fred- 
erick Pettes,  Francis  E.  Phelps,  Francis  Kidder,  Francis  K.  Nich- 
ols, Jonathan  Lawrence,  John  Dunbar,  Henry  Hodges,  Levi  Fin- 
ney, Reuben  Washburn,  Stephen  Cummings,  William  Warner, 
and  Augustus  Haven,  with  such  other  persons  as  shall  associate 
with  them  for  that  purpose,  are  hereby  constituted  a  body  politic 
and  corporate,  by  the  name  of  the  Rutland  and  Connecticut  River 
Railroad  Company,  with  the  right  and  power  to  construct  a  single, 
or  double  railroad,  or  ways,  from  some  suitable  place  in  Rutland, 
in  the  direction  of  Ludlow  and  Cavendish,  to  such  point  on  the 
west  bank  of  Connecticut  River,  as  shall  be  judged  expedient 
by  said  corporation ;  to  transport,  take,  and  carry  property  and 
persons,  upon  the  same,  by  the  power  and  force  of  steam,  of  animals, 
or  other  power,  or  of  any  combination  of  them,  which  the  said 
company  may  choose  to  employ ;  and  by  that  name,  they,  and 
their  successors,  shall  be,  and  they  are,  hereby,  vested  with  the 
right  and  privilege  of  constructing,  erecting,  building,  making,  and 
using,  a  single  or  double  railroad,  or  ways,  for  the  purposes  afore- 


736      RUTLAND    AND    CONNECTICUT  RIVER   RAILROAD    COMPANY. 

said ;  and  shall  be  capable  of  suing  and  being  sued,  of  pleading 
and  being  impleaded,  in  all  courts  of  law  and  equity,  and  in  all 
manner  of  actions ;  and  that  they  and  their  successors  may  have 
a  common  seal,  and  may  change  and  alter  the  same  at  pleasure. 

Sect.  2.  That  if  the  corporation,  hereby  created,  shall  not, 
within  five  years  from  the  passage  of  this  Act,  commence  the  con- 
struction of  said  railroad  or  ways,  and  expend,  at  least,  the  sum  of 
twenty  thousand  dollars  thereon ;  and  shall  not,  within  ten  years 
from  the  passage  of  this  Act,  construct,  finish,  and  put  in  operation 
the  said  single  or  double  railroad  or  ways,  then  the  said  corporation 
shall  thenceforth  forever  cease,  and  this  Act  shall  be  null  and  void. 

Sect.  3.  That  the  capital  stock  of  said  company  shall  be  five 
hundred  thousand  dollars;  the  said  company  to  be  authorized  to 
increase  that  capital  to  such  an  amount  as  shall  be  necessary  to 
complete  said  railroad  or  ways,  and  to  furnish  the  carriages  to  run 
thereon  :  Provided,  that  such  increase  shall  not  exceed  ten  hundred 
thousand  dollars;  which  shall  be  divided  into  shares  of  one  hun- 
dred dollars  each,  which  shall  be  deemed  personal  property,  and 
transferable  in  such  manner  as  the  said  corporation  shall,  by  their 
by-laws  direct. 

Sect.  4.  That  Henry  Hodges,  Jabez  Proctor,  Allen  Wardner, 
Reuben  Washburn,  and  Nomlas  Cobb,  shall  be  commissioners,  the 
duty  of  whom,  or  a  major  part  of  them,  it  shall  be,  within  the  period 
of  two  years  after  the  passing  of  this  Act,  at  some  suitable  place  in 
Cavendish,  and  such  other  places  as  they  may  deem  proper,  to 
open  books  to  receive  subscriptions  to  the  capital  stock  of  the  said 
corporation,  and  twenty  daj^s'  public  notice  shall  be  given  by  the 
said  commissioners  of  the  time  and  place  of  the  opening  of  such 
books,  in  two  public  newspapers  published  in  the  county  of  Wind- 
sor, and  in  one  public  newspaper  published  in  the  county  of  Rut- 
land; and  as  soon  as  the  same  shall  be  subscribed,  to  give  a  like 
notice  for  a  meeting  of  the  stockholders,  at  such  time  and  place  as 
the  said  commissioners,  or  a  majority  of  them,  shall  appoint,  to 
choose  nine  directors  ;  and  such  election  shall  be  then  and  there 
made,  by  such  of  the  stockholders  as  shall  attend  for  that  pur- 
pose, either  in  person  or  by  proxy,  each  proprietor  being  entitled 
to  as  many  votes  as  he  holds  shares  ;  provided,  they  do  not  amount 
to  more  than  one  fourth  part  of  the  whole  number.  And  the  said 
commissioners  shall  be  inspectors  of  the  first  election  of  directors 
of  said  corporation,  and  shall  certify  under  their  hands  the  names 
of  those  duly  elected,  and  deliver  over  the  subscription  books  to 


VERMONT.  737 

the  said  directors ;  and  the  time  and  place  of  holding  the  first 
meeting  of  directors  shall  be  fixed  by  the  said  commissioners;  and 
a  new  election  shall  be  made  annually,  at  such  time  and  place 
as  the  board  of  directors  shall  appoint,  giving  twenty  days'  notice  of 
the  time  and  place  of  meeting  for  that  purpose,  by  a  publication 
in  one  newspaper  published  in  the  county  of  Windsor,  and  in 
one  newspaper  published  in  the  county  of  Rutland.  And  the 
said  directors  shall  have  power  to  appoint  an  engineer,  and  to 
cause  such  examinations  and  surveys  for  the  said  railroad  to  be 
made,  as  may  be  necessary  to  the  selection  by  them,  or  a  majority 
of  them,  of  the  most  advantageous  line,  course,  or  way,  for  the  said 
road,  from  some  suitable  place  in  Rutland  aforesaid,  and  thence 
extending  in  the  direction  of  Ludlow  and  Cavendish,  to  such  point 
on  the  west  bank  of  Connecticut  River  as  shall  be  judged  expedi- 
ent by  said  corporation.  And  the  said  directors,  or  a  majority  of 
them,  shall,  after  such  examinations  and  surveys  shall  be  made, 
select,  and  by  certificates  under  their,  or  a  majority  of  their  hands 
and  seals,  designate  the  line,  course,  or  way,  in  the  direction  of 
Ludlow  and  Cavendish  aforesaid,  which  they,  or  a  majority  of 
them,  may  deem  most  advantageous  for  the  said  railroad  ;  one  of 
which  certificates  shall  be  recorded  in  the  office  of  the  town  clerk 
of  each  of  the  towns  through  which  the  said  railroad  passes  ;  which 
line,  course,  or  way,  so  selected  and  certified,  shall  be  deemed  the 
line,  course,  or  v/ay  on  which  the  said  corporation  shall  construct, 
erect,  build,  or  make  their  single  or  double  railroad  or  ways,  as 
hereinafter  mentioned;  and  it  shall  be  lawful  for  said  corporation, 
if  they  shall  think  proper,  to  make  any  alterations  from  time  to 
time,  which  alterations  shall  be  recorded  in  the  office  of  the  town, 
clerk  in  the  town  in  which  they  shall  be  made  ;  the  expenses  of  all 
which  surveys  and  examinations,  and  all  manner  of  incidental 
expenses  relating  thereto,  shall  be  paid  by  the  said  corporation. 

Sect.  5.  That  the  said  directors  to  be  chosen  at  such  meeting, 
or  at  such  annual  election,  shall,  as  soon  as  may  be,  after  every 
election,  choose  out  of  their  own  number,  one  president,  and  one 
other  person  to  be  vice  president  ;  and  in  case  of  the  death,  resig- 
nation, or  absence  of  the  president,  the  vice  president  shall  preside 
until  the  next  annual  election  thereafter,  or  until  another  president 
shall  be  chosen ;  and  in  case  of  the  death  or  resignation  of  the 
president  or  vice  president,  or  of  any  director,  such  vacancy  or 
vacancies  may  be  filled,  for  the  remainder  of  the  year  wherein 
they  may  happen,  by  the  board  of  directors ;  and  in  case  of  the 

62* 


738      RUTLAND   AND    CONNECTICUT  RIVER   RAILROAD    COMPANY. 

absence  of  the  president,  the  board  of  directors  shall  have  power  to 
appoint  a  president  pro  tempore,  who  shall  have  and  exercise  such 
powers  and  functions  as  the  by-laws  of  the  said  corporation  may 
provide. 

Sect.  6.  That  in  case  it  should,  at  any  time,  happen  that  an 
election  of  directors  shall  not  be  made  on  any  day,  when  pursuant 
to  this  Act  it  ought  to  have  been  made,  the  said  corporation  shall 
not,  for  that  cause,  be  deemed  to  be  dissolved,  but  such  election 
may  be  held  at  any  other  time,  directed  by  the  by-laws  of  said  cor- 
poration. 

Sect.  7.  That  seven  directors  shall  form  a  board,  and  they,  or  a 
majority  of  them,  shall  be  competent  to  transact  all  the  business 
of  the  said  corporation  ;  and  they  shall  have  full  power  to  make 
and  prescribe  such  by-laws,  rules,  and  regulations,  as  to  them 
shall  appear  needful  and  proper,  touching  the  management  and 
disposition  of  the  stock,  property,  estate,  and  effects  of  the  said  cor- 
poration, the  transfer  of  shares,  and  touching  the  duties  and  con- 
duct of  their  officers  and  servants,  and  election  of  directors, 
and  all  other  matters  whatsoever,  which  may  appertain  to  the  con- 
cerns of  the  said  corporation  ;  and  also  shall  have  power  to  appoint 
a  clerk,  who  shall  be  sworn  to  the  faithful  discharge  of  his  duty, 
and  a  treasurer,  who  shall  give  bonds  to  the  corporation,  with 
sureties  to  the  satisfaction  of  the  directors,  in  a  sum  not  less  than 
twenty  thousand  dollars,  for  the  faithful  discharge  of  his  trust,  and  as 
many  servants  as  to  them  shall  seem  meet,  and  to  establish  and  fix 
such  salaries  and  allowances  to  them,  and  also  to  the  president  and 
vice  president,  as  to  the  said  board  shall  appear  proper.  And  the 
said  corporation  are  hereby  authorized,  by  their  agents,  surveyors, 
and  engineers,  to  enter  upon  such  route,  place,  or  places,  to  be  desig- 
nated, as  aforesaid  by  the  said  directors,  as  the  line,  course,  road, 
or  way,  whereon  to  construct  their  single  or  double  railroad  or  ways  ; 
and  it  shall  be  lawful  for  the  said  corporation  to  enter  upon  and  take 
possession  of,  and  use  all  such  lands,  and  real  estate,  as  may  be 
indispensable  for  the  construction  and  maintenance  of  their  sin- 
gle or  double  railroad  or  ways,  and  the  accommodation  requi- 
site and  appertaining  to  them ;  and  may  also  receive,  hold,  and 
take  all  such  voluntary  grants  and  donations  of  land,  and  real 
estate,  as  shall  be  made  to  the  said  corporation,  to  aid  in  the  con- 
struction, maintenance,  and  accommodation  of  the  said  single  or 
double  railroad  or  ways  :  Provided^  that  all  lands  or  real  estate 
thus  entered  and  taken  possession  of,  and  used  by  the  said  corpo- 


VERMONT.  739 

ration,  which  are  not  donations,   shall  be  purchased  by  the  said 
corporation,  and  of  the  owner  or  owners  of  the  same,  at  a  price 
to   be  mutually  agreed  upon   between  them ;  and  in   case  of  a 
disagreement  of  price,  and  before  the  making  of  any  portion  of  the 
road  upon   said  land,  it  shall  be  the  duty  of  the  judges  of  the 
supreme  court  of  this  State  to  appoint  three  commissioners,  who 
shall  be  persons  not  interested  in  the  matters  to  be  determined  by 
them,  to  determine  the  damages  which  the  owner  or  owners  of  the 
land   or   real    estate,  so   entered  upon   by  the   corporation,  may 
have  sustained,  or  shall  be  likely  to  sustain,  by  the  occupation  of 
the  same;  and  upon  the  payment  of  such  damages,  together  with 
the  costs  and  charges  attending  the  appraisement,  by  the  said  cor- 
poration, the  said  commissioners  being  allowed  three  dollars  each, 
per  day,  while  thus  employed  ;  or,  upon  said  corporation  depositing 
in  the  bank  of  Windsor,  or  in  the  band  of  Rutland, the  amount  of  such 
damages,  together  with  the  costs  and  charges  aforesaid,  to  the  credit 
of  the  person  or  persons  to  whom  the  commissioners  may  have  award- 
ed them,  the  proper  officers  of  the  said  banks  giving  notice  to  such 
person  or  persons,  by  letter,  of  such  deposit  being  made  by  said  cor- 
poration ;  then  the  said  corporation  shall  be  deemed  to  be  seized  and 
possessed  of  all  such  lands  or  real  estate,  as   shall  have   been 
appraised  by  said  commissioners.     And  it  shall  be  the  duty  of 
said  commissioners  to  give  fifteen  days'   notice  of  the  time  and 
place  of  such  appraisement,  to  the  occupants  or  owners  of  the 
land  to  be  appraised ;  and  after  such  appraisement,  to  deliver  to 
the  said  corporation  a  written  statement  of  the  award  or  awards 
they  shall  make,   with  a  description  of  the  land  or  real  estate 
appraised,  and  which  shall,  within  sixty  days,  be  recorded  by  the 
said  corporation,  in  the  clerk's  office  of  the  town  where  such  land 
or  real  estate  may  lie :  and  in  case  any  owner  or  owners  of  laud  or 
real  estate,  taken  by  said  company,  shall  be  married  women,  in- 
fants, or  idiots,  or  insane,  or  shall  reside  out  of  this  State,  then,  and 
in  such  case,  the  said  corporation  shall  cause  the  damages  sustain- 
ed by  such  owners  to  be  determined  in  the  manner  above  pre- 
scribed, and  shall  pay  the  amount  of  such  last  mentioned  dama- 
ges, to  the  said  last  mentioned  owners  respectively,  whenever  the 
same  shall  be  lawfully  demanded,  together  with  the  interest,  at 
the  rate  of  six  per  centum  per  annum ;  which  said  amount  and 
interest,  shall  be  a  specific  lien  on  the  real  estate  of  said  corpora- 
tion, and  shall  have  a  preference  to  any  other  demand  against  said 
corporation. 


740      RUTLAND   AND    CONNECTICUT   RIVER  RAILROAD    COMPANY. 

Sect.  S.  That  should  the  said  corporation,  or  the  owner  of  any  real 
estate,  or  land,  or  materials,  feel  themselves  aggrieved  by  the  deci- 
sion of  the  commissioners  aforesaid,  either  party  may,  within  ninety 
days  from  the  making  such  decision  and  notice  thereof,  or  from 
the  removal  of  the  disabihties  in  the  preceding  section  mentioned, 
or  from  the  return  of  such  non-resident  to  this  State,  appeal  to  the 
county  court  of  the  county  where  such  lands  or  other  property  lie  ; 
and  the  decision  of  the  said  court  shall  be  final  and  conclusive ; 
and  said  court  shall  tax  costs  for  or  against  either  party,  as  they 
shall  judge  just  and  equitable. 

Sect.  9.  That  the  said  corporation  is  hereby  authorized  to  con- 
struct, erect,  build,  make,  and  use  a  single  or  double  railroad  or 
ways,  of  suitable  width  and  dimensions,  to  be  determined  by  the 
said  corporation,  on  the  line,  course,  or  way  designated  by  the 
directors,  as  aforesaid,  as  the  line,  course,  or  way,  whereon  to  con- 
struct, erect,  build,  and  make  the  same. 

Sect.  10.  That  a  toll  be,  and  hereby  is,  granted  and  established 
for  the  sole  benefit  of  said  corporation,  upon  all  passengers  and 
property,  of  all  descriptions,  which  may  be  conveyed  or  transported 
upon  said  road,  at  such  rate  per  mile  as  may  be  agreed  upon  and 
established,  from  time  to  time,  by  the  directors  of  said  corporation. 
The  transportation  of  persons  and   property,   the  construction  of 
wheels,  the  form  of  cars  and  carriages,  the  weight  of  loads,  and 
all  other  matters  and  things  in  relation  to  the  use  of  said  road, 
shall  be  in  conformity  to  such  rules,  regulations,  and  provisions  as 
the  directors  shall,  from  time  to  time,  prescribe  and  direct,  and 
said  road  may  be  used  by  any  person  or  persons  who  shall  com- 
ply with  such  rules  and  regulations :  Provided  however^  that  the 
supreme  court,  at  any  stated  session  of  said  court,  to  be  holden  in 
either  of  the  counties  of  Windsor  or  Rutland,  on  application  of  any 
ten  freeholders,  in  any  town,  or  towns. through  which  said  railroad 
may  pass,  may  alter  or  establish  the  rate,  or  rates,  of  toll,  and 
price  of  transportation,  upon  said  railroad,  for  a  term  of  time  not 
exceeding  ten  years,  at  any  one  time,  and  in  such  a  manner  that 
said  corporation  shall  not  receive  less  than  twelve  per  centum  per 
annum,  on  the  amount  of  capital  stock,  together  with  all  charges 
and  expenses  of  said  corporation,  for  the  first  fifty  years  after  said 
corporation  shall  commence  taking  toll  on  said  railroad;  and  in 
such  a  manner  that  said  corporation  shall  not  receive  less  than 
six  per  centum  per  annum  on  the  amount  of  capital  stock,  together 
with  all  charges  and  expenses  of  said  corporation,  thereafter. 


VERMONT.  741 

Sect,  11.  That  the  directors  of  said  corporation  for  the  time 
being  are  hereby  authorized  to  erect  toll-houses,  establish  gates, 
appoint  toll-gatherers,  and  demand  toll  upon  the  said  road,  when 
completed,  and  upon  such  parts  thereof  as  shall,  from  time  to  time, 
be  completed  ;  and  said  corporation  shall  keep  just  and  true  books 
and  accounts  of  all  expenditures  by  them  made  in  constructing 
and  keeping  in  repair  said  railroad,  and  also  of  all  the  moneys  and 
tolls  received  thereon  ;  which  books  and  accounts  shall,  at  all 
times,  be  open  to  the  inspection  of  any  committee  of  the  legisla- 
ture, or  of  the  supreme  court;  and  any  such  committee  shall  have 
full  power  to  examine  any  of  the  officers  of  said  corporation,  under 
oath,  touching  the  receipts  and  expenditures  of  said  corporation. 

Sect.  12.  That  the  said  corporation  shall  keep  constantly  ex- 
posed to  view,  at  all  places  where  they  shall  have  toll-houses,  or 
gates,  and  at  public  places  where  they  may  receive  passengers,  or 
freight,  a  sign  or  hand-bill,  with  the  rates  of  toll,  or  charge,  legibly 
written  or  printed  thereon. 

Sect.  13.  That  if  any  person  shall  wilfully,  maliciously,  or 
wantonly,  and  contrary  to  law,  obstruct  the  passage  of  any  car- 
riage on  said  railroad,  or  in  any  way  spoil,  injure,  or  destroy  said 
railroad,  or  any  part  thereof,  or  any  thing  belonging  thereto,  or 
any  material  or  implements  to  be  employed  in  the  construction  or 
for  the  use  of  said  road,  he,  she,  or  they,  or  any  person  or  persons 
assisting,  aiding,  or  abetting  in  such  trespass,  shall  forfeit  and  pay 
to  said  corporation,  for  every  such  offence,  treble  such  damages  as 
shall  be  proved  before  the  justice,  court,  or  jury,  before  whom  the 
trial  shall  be  had,  to  be  sued  for  and  recovered  in  the  name  of  said 
corporation,  before  any  justice,  or  in  any  court,  proper  to  try  the 
same.  And  such  offender  or  offenders  shall  be  liable  to  indictment 
by  the  grand  inquest  of  the  county,  within  which  such  trespass 
shall  have  been  committed,  for  any  offence  or  offences  contrary  to 
the  above  provisions,  and  on  conviction  thereof,  before  any  county 
court  to  be  holden  in  said  county,  shall  pay  a  fine  not  exceeding 
one  hundred  dollars,  and  not  less  than  thirty  dollars,  to  the  use  of 
the  State. 

Sect.  14.  That  if  the  said  railroad,  in  the  course  thereof,  shall 
cross  any  private  way,  the  said  corporation  shall  so  construct  said 
railroad  as  not  to  obstruct  the  safe  and  convenient  use  of  said 
private  way ;  and  if  the  said  railroad  shall  not  be  so  constructed, 
the  party  aggrieved  shall  be  entitled  to  his  action  on  the  case,  in 
any  court  proper  to  try  the  same,  and  shall  recover  his  reasonable 


742      RUTLAND   AND    CONNECTICUT   RIVER   RAILROAD    COMPANY. 

damages  for  such  injury ;  and  if  the  said  raihoad  shall,  in  the 
course  thereof,  cross  any  canal,  turnpike,  or  other  highway,  the 
said  railroad  shall  be  so  constructed  as  not  to  impede  or  obstruct 
the  safe  and  convenient  use  of  such  canal,  turnpike,  or  other  high- 
way. And  the  said  corporation  shall  have  the  power  to  raise  or 
lower  such  turnpike,  highway,  or  private  way,  so  that  the  said 
railroad,  if  necessary,  may  conveniently  pass  under  or  over  the 
same.  And  if  said  corporation  shall  raise  or  lower  any  such  turn- 
pike, highway,  or  private  way,  pursuant  thereto,  and  shall  not  so 
raise  or  lower  the  same  as  to  be  satisfactory  to  the  proprietors  of 
such  turnpike,  or  to  the  selectmen  of  the  town  in  which  said  high- 
way or  private  way  may  be  situate,  as  the  case  may  be,  said  pro- 
prietors or  selectmen  may  require,  in  writing,  of  said  corporation 
such  alteration  or  amendment  as  they  may  think  necessary ;  and 
if  the  required  amendment  or  alteration  be  reasonable  and  proper, 
and  the  said  corporation  shall  unnecessarily  and  unreasonably 
neglect  to  make  the  same,  such  proprietors,  or  selectmen,  as  the 
case  may  be,  may  proceed  to  make  such  alteration  or  amend- 
ment, and  may  institute  and  prosecute  to  final  judgment  and 
execution,  in  any  court  proper  to  try  the  same,  any  action  of  the 
case  against  said  corporation,  and  shall  therein  recover  a  reason- 
able indemnity,  in  damage,  for  all  charges,  disbursements,  labor, 
and  services  occasioned  by  making  such  alteration  or  amendments, 
with  costs  of  suit.  And  if  the  said  railroad,  in  the  course  thereof, 
shall  intersect  or  cross  any  stream  of  water  or  watercourse,  it  shall 
be  lawful  for  said  corporation  to  construct  their  single  or  double 
railroad  or  ways  across  or  upon  the  same :  Pi-ovided.  that  the  said 
corporation  shall  restore  the  stream  or  watercourse,  thus  intersected 
or  crossed,  to  its  former  state,  or  in  sufficient  manner  not  to  impair 
its  usefulness.  And  the  said  corporation  shall  erect  and  maintain 
a  sufficient  fence  upon  each  side  of  their  single  or  double  railroad 
or  ways,  through  the  whole  route  thereof:  Provided  nevertheless, 
that  nothing  in  this  Act  contained  shall  be  so  construed  as  to 
prevent  the  crossing  of  said  railroad  or  ways,  with  teams  or 
otherwise,  in  such  manner  as  shall  be  calculated  not  to  injure  the 
same. 

Srct.  15.  That  the  State  may  authorize  any  company  to  enier 
with  another  railroad,  at  any  point  of  said  Rutland  and  Connecti- 
cut River  Railroad,  paying  for  the  right  to  use  the  same,  or  any 
part  thereof,  such  a  rate  of  toll  as  the  legislature  may,  from  time 
to  time,  prescribe,  and  complying  with  such  rules  and  regulations 


VERMONT.  743 

as  may  be  established  by  said  Rutland  and  Connecticut  River 
Railroad  Company,  by  virtue  of  this  Act. 

Sect.  16.  That  it  shall  be  in  the  power  of  the  legislature  of  the 
State,  at  any  time  during  the  continuance  of  this  Act,  after  the 
expiration  of  fifty  years  from  the  opening  for  use  of  the  railroad, 
herein  provided  to  be  made,  and  not  before,  to  purchase  of  the  said 
corporation  the  said  railroad,  and  all  the  franchise,  property,  rights, 
and  privilege  of  the  said  corporation,  by  paying  them  therefor  the 
amount  expended  in  making  the  said  railroad,  and  the  expenses 
of  repairs,  and  all  other  expenses  relating  thereto.  And  in  case, 
at  the  time  of  such  purchase,  the  said  corporation  shall  not  have 
received  an  income  equal  to  ten  per  centum  per  annum  on  the  ori- 
ginal costs,  over  and  above  the  charge  for  repairs  and  superinten- 
dence, and  all  other  expenses  relating  thereto,  the  legislature  are  to 
pay  the  said  corporation  such  additional  sum  as,  together  with  the 
tolls  and  profits  of  every  kind  which  they  shall  have  received  from 
the  said  railroad,  will  be  equal  to  ten  per  centum  per  annum  on 
the  cost  of  said  railroad,  from  the  date  of  the  payment  thereof 
by  the  stockholders  of  said  corporation  to  the  time  of  such  pur- 
chase. 

Sect.  17.  That  it  shall  be  lawful  for  the  directors,  or  a  majority 
of  them,  to  require  payment  of  the  sums  to  be  subscribed  to  the 
capital  stock,  at  such  times,  and  in  such  proportions,  and  on  such 
conditions,  as  they,  or  a  majority  of  them,  shall  deem  fit,  under  the 
penalty  of  the  forfeitures  of  all  previous  payments  thereon;  and 
shall  give  notice  of  the  payments  thus  required,  and  of  the  time 
and  place  when  the  same  are  to  be  paid,  at  least  thirty  days  pre- 
vious to  the  payment  of  the  same,  in  a  public  newspaper  published 
in  the  county  of  Windsor,  and  in  a  public  newspaper  published  in 
the  county  of  Rutland. 

Sect.  18.  That  the  commissioners,  named  in  the  fourth  section 
of  this  Act,  may  at  the  time  of  any  subscription,  by  any  person, 
or  persons,  for  the  capital  stock  of  said  corporation,  require  the 
payment  to  them,  by  the  person  or  persons  subscribing,  of  such 
sum  towards  and  upon  every  hundred  dollars  so  subscribed  as  to 
said  commissioners  may  seem  proper;  and  unless  the  same  shall 
be  paid,  the  subscription  shall  be  invalid ;  and  in  case  a  greater 
amount  of  capital  stock  shall  be  subscribed,  than  the  sum  of 
five  hundred  thousand  dollars,  the  said  commissioners  shall  dis- 
tribute the  stock  in  such  manner,  as  they  shall  deem  equitable  and 
just. 


744  VERGENNES  AND   BRISTOL  RAILROAD   COjSIPANY. 

Sect.  19.  That  this  Act  shall  take  efTect  immediately  after  the 
passage  thereof. 

Sect.  20.  That  the  office  of  clerk  of  said  corporation  shall  be 
kept  within  this  State.     Passed^  November  10,  1835. 


\^ERGEXXES  AND  BRISTOL  RMLROAD  COMPANY. 
INCORPORATED    IN   VERMONT    IN    1835. 

No.  36  of  the  Private  Acts  of  1835  contains  the  Charier. 

Sect.  1  creates  certain  persons  a  body  corporate,  "with,  power  to  construct  a  railroad 
on  the  route  described,  and  to  transport  persons  and  property  thereon,  and  to  do 
other  necessary  acts. 

Sect.  2  provides,  if  within  three  years  herefrom  thej'  do  not  commence  the  construc- 
tion of  said  road  and  within  ten  years  hereform  complete  the  same,  that  this  Act 
shall  be  void. 

Sect.  3  fixes  the  capital  stock  at  .$150,000,  Tvith  power  to  increase  it  to  $200,000,  in 
shares  of  $50  each,  to  be  deemed  personal  property. 

Sect.  4  names  Commissioners,  who  shall  within  one  year  herefrom,  open  books  for 
receiving  subscriptions  to  the  stock,  requiring  five  dollars  to  be  paid  on  each  share 
at  the  time ;  -Rithin  30  days  thereafter  they  shall  distribute  the  stock. 

Sect.  5  provides  that,  when  the  stock  is  subscribed,  said  Commissioners  shall  call  a 
meeting  of  stockholders  for  choice  of  nine  Directors,  shall  preside  at  such  election, 
declare  who  are  chosen  and  call  their  first  meeting ;  the  Directors  may  cause  sur- 
veys to  be  made  and  may  locate  the  route  of  the  road. 

Sect.  6  provides  for  the  annual  election  of  Directors  and  prescribes  the  manner  of 
choosing  them ;  they  shall  choose  a  President  and  may  fill  vacancies. 

Sect.  7  authorizes  such  election  to  be  held  subsequent  to  the  day  named,  if  neces- 
sary. 

Sect.  8  gives  to  the  Directors  all  necessary  powers  to  conduct  the  Company's 
aff'airs. 

Sect.  9  authorizes  the  Company,  by  their  agents,  to  enter  upon,  and  take  lands 
necessary  for  the  road,  first  paying  damages,  if  not  agreed,  to  be  assessed  as 
therein  provided. 

Sect.  10  gives  to  either  party  the  right  of  appeal  from  such  assessment,  within 
twenty  days,  to  the  County  Coixrt. 

Sect.  1 1  authorizes  the  Corporation  to  construct  a  railroad  on  the  route  described, 
and  to  transport  persons  and  property  thereon. 

Sect.  12  provides  that  said  road  may  be  so  constructed,  when  necessary,  as  to  inter- 
sect or  cross  any  watercourse  or  highway ;  if  the  same  be  properly  restored. 

Sect.  13  authorizes  the  Company  to  fix  the  rates  of  toll,  subject  to  revision  by  the 
Supreme  Court,  and  requires  them  to  keep  true  accounts  of  receipts  and  expendi- 
tures. 

Sect.  14.  requires  them  publicly  to  post  the  rates  of  toll. 


VERMONT.  745 

Sect.  15  provides,  if  any  person  wilfully  injure  said  railroad  or  appurtenances,  that 

he  shall  forfeit  to  the  Company  treble  the  damages  sustained,  and  shall  be  liable 

to  indictment. 
Sect.  16  authorizes  the  Directors  to  prescribe  the  mode  of  paying  subscriptions  to 

the  stock,  under  penalty  of  forfeiture  of  previous  payments. 
Sect.  17  requires  the  Clerk's  office  to  be  kept  in  this  State,  and  declares  this  Act  to 

be  a  Public  Act. 
Sect.  18  exempts  the  Company's  property  from  taxation  in  this  State  for  twenty 

years. 
Sect.  19  resen'es  to  the  State  the  right  to  allow  other  roads  to  enter  upon  this  road, 

by  paying  proper  tolls  and  complying  with  the  Company's  rules. 
Sect.  20  reserves  to  the  State  the  right,  after  twenty  years,  to  lourchase  said  railroad 

and  property,  by  paying  the  cost  thereof  and  10  per  cent,  per  annum  interest 

thereon. 


Laws  op  1835,  No.  36. 
An  Act  to  incorporate  the  Vergennes  and  Bristol  Railroad  Company. 

Sect.  1.  It  is  hereby  enacted^  <^c.  That  Jahazel  Sherman,  Wil- 
liam H.  White,  E.  D.  Woodbridge,  John  D.  Ward,  John  Thomp- 
son, Isaiah  Scott,  Preserved  Wheeler,  George  W.  Rogers,  Winter 
H.  Holley,  Benjamin  Allen,  Henry  Soper,  Abraham  Gaige,  Hub- 
bard Cook,  William  Blake,  and  Horatio  Needham,  with  such  other 
persons  as  shall  associate  with  them  for  that  purpose,  are  hereby 
constituted  a  body  politic  and  corporate,  by  the  name  of  the  Ver- 
gennes and  Bristol  Railroad  Company,  with  the  right  and  power  to 
construct  a  single  or  double  railroad  or  way,  between  the  city  of 
Vergennes,  at,  or  near,  the  head  of  the  navigable  waters  of  Otter 
Creek,  in  said  Vergennes,  to  Bristol  Village,  in  the  county  of  Addi- 
son, to  transport,  take,  and  carry  property  and  persons,  upon  the 
same,  by  the  power  of  [or]  force  and  steam,  or  of  animals,  or  of 
other  mechanical,  or  other  power,  or  of  any  combination  of  them, 
which  the  said  company  may  choose  to  employ  ;  and  by  that 
name,  they  and  their  successors  shall  be,  and  they  are  hereby, 
vested  with  the  right  and  privilege  of  constructing,  erecting,  build- 
ing, making,  and  using,  a  single  or  double  railroad,  or  ways,  for  the 
purposes  aforesaid  ;  and  may  have  succession,  and  shall  be  per- 
sons in  law,  capable  of  suing  and  being  sued,  pleading  and  being 
impleaded,  in  all  courts  of  law  and  equity,  and  in  all  manner 
of  actions,  applicable  to  like  corporations,  and  that  they  and  their 
successors  may  have  a  common  seal,  and  may  change  and  alter  the 
same  at  pleasure. 

63 


746  VERGENNES    AND    BRISTOL  RAILROAD    COMPANY. 

Sect,  2.  That  if  the  corporation,  hereby  created,  shall  not, 
within  three  years  from  the  passage  of  this  Act,  commence  the 
construction  and  erection  of  said  railroad  or  ways,  and  shall  not, 
within  ten  years  from  the  passage  of  this  Act,  construct,  finish, 
and  put  in  operation  the  said  single  or  double  railroad,  or  way, 
then  the  said  corporation,  shall  thenceforth  forever  cease,  and  this 
Act  shall  thereby  be  null  and  void. 

Sect.  3.  That  the  capital  stock  of  said  company  shall  be  one 
hundred  and  fifty  thousand  dollars  ;  the  company  to  be,  and  they 
are  hereby  authorized  to  increase  that  capital  to  such  an  amount  as 
shall  be  necessary  to  complete  said  road  or  ways,  and  to  procure 
and  furnish  the  carriages  and  cars,  engines,  horse  power,  and  all 
and  every  apparatus,  implement,  and  mechanical  or  other  power, 
necessary  to  carry  into  effect  this  Act  of  incorporation  :  Provided, 
that  such  increase  shall  not  exceed  two  hundred  thousand  dollars  ; 
which  shall  be  divided  into  shares  of  fifty  dollars  each  ;  and  which 
shall  be  deemed  personal  property,  and  transferable  in  such  man- 
ner as  the  said  corporation  shall,  by  by-laws,  direct. 

Sect.  4.  That  Jahazel  Sherman,  Isaiah  Scott,  Willian  H.  White, 
Winter  H.  Holley,  John  W.  Howden,  and  Cyrus  Smith,  shall  be 
commissioners,  whose  duty  it  shall  be,  within  one  year  after  the 
passage  of  this  Act,  at  some  suitable  place  in  the  city  of  Vergennes, 
and  in  the  village  of  Bristol,  and  at  such  other  place  or  places  as 
said  commissioners,  or  a  majority  of  them,  shall  deem  expedient, 
to  open  books  to  receive  subscriptions  to  the  capital  stock  of  said 
corporation  ;  which  books  shall  be  kept  open  for  subscriptions  for 
the  space  of  three  successive  days,  at  least;  but  if  the  said  capital 
stock  shall  not  be  subscribed  within  the  said  three  days,  the  said 
commissioners,  or  a  majority  of  them,  may  open  the  books  again, 
at  any  time  within  the  said  year,  at  the  places  aforesaid,  or  at  any 
other  place  or  places,  or  at  either  of  them.  And  within  thirty  days 
after  said  capital  stock  shall  have  been  subscribed,  the  said  com- 
missioners, or  a  majority  of  them,  shall  meet  at  the  city  of  Yer- 
gennes,  and  shall  distribute  the  said  stock  among  the  several  sub- 
scribers, in  such  manner  as  they  the  said  commissioners,  or  a 
majority  of  them,  shall  deem  most  conductive  to  the  interest  of  the 
said  corporation.  The  commissioners  shall  receive  no  subscrip- 
tions, unless  five  dollars  on  each  share  subscribed  to  be  paid  at  the 
time  of  subscription  ;  notice  of  the  time  and  place  of  opening  the 
said  books  shall  be  published  in  a  newspaper  published  in  the  said 
city  of  Vergennes,  if  a  newspaper  be  thus  published  in  said  Yer- 


VERMONT.  747 

gennes,  if  not,  then  in  one  or  more  of  the  newspapers  pubHshed  in 
Middlebury,  in  Addison  county,  and  in  such  other  newspaper  as 
said  commissioners  may  direct,  at  least  twenty  days  previous  to 
the  days  appointed  for  the  purpose. 

Sect.  5.  That  as  soon  as  the  said  capital  stock  shall  be  sub- 
scribed, and  the  commissioners,  or  a  majority  of  them,  after  hav- 
ing distributed  the  same  as  herein  directed,  shall  give  writing  to 
each  stockholder,  or  his  agent,  at  least  six  days'  notice,  or  give,  at 
least  twenty  days'  notice  in  one  or  more  of  the  newspapers  pub- 
lished in  the  county  of  Addison,  for  a  meeting  of  the  stockholders, 
at  such  time  and  place,  in  the  city  of  Vergennes,  as  said  commis- 
sioners, or  a  majority  of  them,  shall  appoint,  to  choose  nine  direct- 
ors ;  and  such  election  shall  be  then  and  there  made,  by  such 
stockholders  as  shall  attend  for  that  purpose,  either  in  person  or  by 
proxy,  each  share  of  the  capital  stock  entitling  the  holder  to  one 
vote ;  and  the  commissioners,  or  a  majority  of  them,  shall  be  the 
inspectors  of  the  first  election  of  directors  of  the  said  corporation, 
and  shall  certify,  under  their  hands,  the  names  of  those  duly  elect- 
ed, and  deliver  over  the  subscription  books  to  the  board  of  direct- 
ors. The  time  and  place  of  holding  the  first  meeting  of  the  direct- 
ors, shall  be  fixed  by  the  said  commissioners  j  and  the  board  of 
directors  shall  have  power  to  appoint  an  engineer,  or  engineers, 
and  cause  such  examination  and  surveys  for  the  said  railroad  to 
be  made,  as  may  be  necessary  to  the  selection  by  them  of  the  most 
advantageous  route,  course,  or  way  for  the  said  railroad. 

Sect.  6,  That  the  first  directors  to  be  chosen  under  this  Act, 
shall  hold  their  offices  until  the  first  Monday  in  June,  in  the  next 
succeeding  year  after  such  election,  and  until  others  shall  be 
chosen  ;  and  every  election  of  directors  thereafter,  shall  be  annu- 
ally, on  the  first  Monday  in  June,  in  each  and  every  year,  at  such 
time  and  place,  either  in  the  city  of  Vergennes,  or  the  village  of 
Bristol,  the  directors  shall  appoint,  giving  at  least  twenty  days' 
previous  notice  in  one  or  more  of  the  public  newspapers  printed  in 
Addison  county ;  all  elections  shall  be  by  ballot,  and  a  plurality 
of  votes  present  and  cast  shall  constitute  a  choice  ;  and  in  case  of 
an  equal  number  of  votes  for  any  two  or  more  directors,  the  remain- 
der of  the  directors  shall,  by  ballot,  determine  which  shall  be  enti- 
tled to  a  seat  at  the  board.  Every  stockholder  shall  be  entitled  to 
one  vote,  personally,  or  by  proxy,  on  every  share  held  by  him  for 
thirty  days  previous  to  such  election  ;  and  the  directors  so  chosen, 
shall  elect,  as  soon  as  may  be  after  the  first  said  meeting,  and  every 


748  VERGENNES   AND   BRISTOL   RAILROAD    COMPANY. 

annual  meeting  thereafter,  out  of  their  own  number,  a  president; 
and  in  case  of  the  death,  resignation,  or  absence  of  the  president, 
the  board  of  directors  shall  have  power  to  appoint  a  president  pro 
tempore. 

Sect.  7.  That  in  case  it  shall,  at  any  time,  happen  that  an  elec- 
tion of  directors  shall  not  be  made,  the  said  corporation  shall  not 
for  that  cause  be  deemed  to  be  dissolved,  but  such  election  may 
be  held  at  any  other  time,  directed  by  the  by-laws  of  said  cor- 
poration, and  the  directors  shall  hold  their  offices  till  others  are 
elected. 

Sect.  8.  That  the  directors  shall  have  full  power  to  make  all 
needful  and  proper  rules,  regulations  and  by-laws,  for  the  manage- 
ment and  disposition  of  the  stock,  property,  and  effects  of  the  said 
corporation,  the  transfer  of  shares,  and  touching  the  duties  and 
conduct  of  officers  and  servants,  the  election  of  directors,  and  to 
fix  the  number  that  shall  constitute  a  quorum  to  do  and  transact 
business;  to  fix  the  rates  of  toll ;  to  appoint  as  many  officers  and 
servants  as  they  may  deem  requisite,  and  to  determine  the  amount 
of  their  compensation  ;  and  generally,  to  do  all  other  acts  and  things 
they  may  deem  expedient,  for  the  purpose  of  carrying  into  effect 
the  objects  r.oiitpmplatpd  by  this  A.p.t  of  incorporation;  and  also, 
shall  have  power  to  appoint  a  clerk,  who  shall  be  sworn  to  the 
faithful  discharge  of  his  duty,  and  a  treasurer,  who  shall  give 
bonds  to  the  corporation,  with  sureties,  to  the  satisfaction  of  the 
directors,  in  a  sum  not  less  than  ten  thousand  dollars,  for  the  faith- 
ful discharge  of  his  trust,  and  to  establish  and  fix  such  salaries 
and  allowances  to  their  officers  and  servants,  as  to  the  said  board 
of  directors  shall  appear  proper. 

Sect.  9.  That  said  corporation  are  hereby  authorized,  by  their 
agents,  surveyors,  servants  and  engineers,  to  enter  upon  such 
route,  place,  or  places,  to  be  designated,  as  aforesaid,  by  said 
directors,  as  line,  course,  road,  or  way,  whereupon  to  construct 
their  single  or  double  railroad  or  ways  ;  and  it  shall  be  lawful  for 
the  said  corporation  to  enter  upon,  and  take  possession  of,  and 
use,  all  such  lands  and  real  estate,  as  may  be  necessary  for  the 
construction,  erection,  finishing  and  maintenance  of  their  single, 
or  double  railroad  or  ways,  and  the  accommodation  requisite,  and 
appertaining  to  them;  and  may  also  receive,  hold,  and  take,  all 
such  voluntary  grants  and  donations  of  land  and  real  estate  as 
shall  be  made  to  the  said  corporation,  to  aid  in  the  construction, 
erection,  and  finishing  and  maintenance  of  said  single  or  double  rail- 


VERMONT.  749 

road  or  ways  :  Provided,  that  all  lands  or  real  estate  thus  entered 
and  taken  possession  of,  and  used  by  the  said  corporation,  and 
which  are  not  donations,  shall  be  purchased  by  the  said  corpora- 
tion, and  of  the  owner  or  owners  of  the  same,  at  a  price  to  be 
mutually  agreed  upon  between  them  ;  and  in  case  a  disagreement 
of  price,  and  before  the  making  of  any  portion  of  the  said  road 
upon  said  land,  it  shall  be  the  duty  of  two  of  the  judges  of  the 
supreme  court  of  this  State,  on  application  to  them  for  that  purpose, 
to  appoint  three  commissioners,  one  of  whom,  at  least,  shall  be  a  resi- 
dent of  the  county  of  Addison,  and  who  shall  be  persons  not  inter- 
ested in  the  matters  to  be  determined  by  them,  to  appraise  and 
determine  the  damages  which  the  owner  or  owners  of  the  land,  or 
real  estate,  so  entered  upon  by  the  said  corporation,  may  have 
sustained,  or  shall  be  likely  to  sustain,  by  the  occupation  of 
the  same,  taking  into  consideration  all  the  benefits  and  advantages 
which  might  accrue  to  said  land  or  real  estate,  by  the  construction, 
erection,  or  maintenance  of  said  railroad ;  and  upon  the  payment 
of  such  damages,  together  with  the  costs  and  charges  attending 
the  appraisement,  by  the  said  corporation,  the  said  commission- 
ers being  allowed  three  dollars  each,  per  day,  while  thus  em- 
ployed ;  or  upon  said  corporation  depositing  in  ihe  BankofVer- 
gennes,  the  amount  of  such  damages,  together  with  the  costs 
and  charges  aforesaid,  to  the  credit  of  the  person  or  persons  to 
whom  the  commissioners  may  have  awarded  them,  the  proper 
officers  of  said  bank  giving  notice  to  such  person  or  persons, 
by  letter,  of  such  deposit  being  made  by  said  corporation;  then 
the  said  corporation  shall  be  deemed  to  be  seised  and  possessed 
of  all  such  lands,  or  real  estate,  as  shall  have  been  appraised  by 
said  commissioners.  And  it  shall  be  the  duty  of  said  commission- 
ers to  give  at  least  twelve  days'  notice  of  the  time  and  place  of 
such  apprajsement,  to  be  given  to  the  occupants  or  owners  of  the 
land  or  real  estate  to  be  appraised  ;  and  after  such  appraisement, 
to  deliver  to  the  said  corporation  a  written  statement  of  the  award 
or  awards  they  shall  make,  with  a  description  of  the  land  or 
real  estate  appraised,  and  which  shall,  within  sixty  days,  be 
recorded  by  the  said  corporation  in  the  town  clerk's  office  of  the 
town  where  such  land  or  real  estate  may  lie  ;  and  in  case  any 
married  woman,  infant,  idiot,  or  insane  person,  or  non-resident  of 
this  State,  who  shall  not  appear  after  such  notice,  shall  be  inter- 
ested in  any  such  real  estate,  the  said  judges  of  the  supreme  court 
shall  appoint  some  competent,  disinterested  person  to  appear  before 

63* 


750  VERGENNES   AND   BRISTOL   RAILROAD    COMPANY. 

the  said  commissioners,  and  act  for,  and  in  behalf  of  si\,ch  woman, 
infant,  idiot,  insane  person,  or  non-resident,  then,  and  in  such  case, 
the  said  corporation  shall  cause  tlie  damages  sustained  by  such 
owners  to  be  determined  in  the  manner  above  prescribed,  and 
shall  pay  the  amount  of  such  last  mentioned  damages,  to  said  last 
mentioned  owners,  respectively,  whenever  the  same  shall  be  law- 
fully demanded,  together  with  the  interest  at  the  rate  of  four  per 
centum  per  annum ;  which  said  amount  and  interest,  shall  be  a 
specific  lien  on  the  real  estate  of  said  corporation,  and  shall  have 
preference  to  any  other  demand  against  said  corporation. 

Sect.  10.  That  should  the  said  corporation,  or  the  owner  or 
owners  of  any  real  estate,  feel  themselves  aggrieved  by  the  decision 
of  the  commissioners,  aforesaid,  either  party  may,  within  twenty 
days  from  making  such  decision,  appeal  to  the  county  court  of  the 
county  where  such  lands  or  real  estate  lie;  and  the  decision  of 
said  court  shall  be  final  and  conclusive;  and  said  court  shall  tax 
costs  for  or  against  either  party,  as  they  shall  judge  just  and  equit- 
able. 

Sect.  11.  That  the  said  corporation  is  hereby  authorized  to  con- 
struct, and  build,  make,  and  use,  a  single,  or  double  railroad, 
or  ways,  of  suitable  width  and  dimensions,  to  be  determined  by 
the  said  corporation,  on  the  line,  course,  or  way,  designated  by  the 
directors,  as  aforesaid,  as  the  line,  course,  or  way  whereon  to  con- 
struct, erect,  build,  and  make  the  same,  and  shall  have  power  to 
regulate  the  time  and  manner  in  which  goods,  property,  and  pas- 
sengers shall  be  transported,  taken,  and  carried  on  the  same  ;  and 
shall  have  power  to  erect  and  maintain  toll-houses,  and  other 
buildings,  yards  and  enclosures,  gates  and  bars,  for  the  accom- 
modation of  their  concerns,  as  they  may  deem  suitable  to  their 
interest. 

Sect.  12.  That  whenever  it  shall  be  necessary,  for  the  construc- 
tion, erection,  and  finishing  of  their  single  or.  double  railroad  or 
way,  to  intersect  or  cross  any  stream  of  water,  or  watercourses, 
or  any  road  or  highway,  lying  betwixt  the  places  prescribed  by 
the  first  and  fifth  sections  of  this  Act,  it  shall  be  lawful  for  said 
corporation  to  construct  their  single  or  double  railroad,  or  way, 
across  or  upon  the  same,  provided  that  the  corporation  shall  restore 
the  stream  or  watercourses,  or  road  or  highway,  intersected,  to  its 
former  state,  or  sufficient  so  as  not  to  impair  its  usefulness,  or  con- 
struct, erect,  build,  and  make  said  railroad  over  any  such  stream 
or  watercourse,  or  over  or  under  any  such  road  or  highway,  either 


VERMONT.  751 

private  or  public  road  or  highway,  such  suitable  viaduct,  passage, 
or  bridge  as  may  be  necessary,  and  in  such  manner  as  not  to  impair 
its  usefulness,  or  value  :  Provided  nevertheless^  that  nothing  in  this 
Act  contained  shall  be  so  construed  as  to  prevent  the  crossing  of 
such  railroad  or  ways,  with  teams  or  otherwise,  in  such  manner  as 
shall  be  calculated  not  to  injure  the  same. 

Sect.  13.  That  it  shall  be  lawful  for  the  company,  hereby  incor- 
porated, from  time  to  time  to  fix,  regulate,  and  receive,  the  tolls  and 
charges  by  them  to  be  received  for  the  transportation  of  property  and 
persons,  on  said  single  or  double  railroad,  or  ways,  hereby  author- 
ized to  be  constructed,  erected,  built,  made,  and  used  :  Provided, 
however,  that  the  supreme  court,  at  any  stated  session,  to  be  holden 
in  the  county  of  Addison,  on  application  of  any  ten  freeholders,  in 
any  tov/n,  or  towns,  through  which  said  railroad  may  pass,  may 
alter  or  establish  the  rate  or  rates  of  toll,  and  price  of  transporta- 
tion upon  said  railroad,  for  a  term  of  time  not  exceeding  ten  years, 
at  any  one  time,  and  in  such  a  manner  that  said  corporation  shall 
not  receive  less  than  twelve  per  centum  per  annum,  on  the  amount 
of  the  capital  stock,  and  all  charges  and  expenses  of  said  corpora- 
tion, for  the  first  fifty  years  after  said  corporation  shall  commence 
taking  toll  on  said  railroad,  and  in  such  a  manner  that  said  corpo- 
ration shall  not  receive  less  than  six  per  centum  per  annum,  on 
the  amount  of  capital  stock,  together  with  all  charges  and  expenses 
of  said  corporation,  thereafter ;  and  said  corporation  shall  keep 
just  and  true  books  and  accounts  of  all  expenditures  by  them 
made,  in  constructing  and  keeping  in  repair  said  railroad,  and 
also,  of  all  the  moneys  and  tolls  received  thereon,  which  books 
and  accounts  shall,  at  all  times,  be  open  to  the  inspection  of  any 
committee  of  the  legislature,  or  of  the  supreme  court,  and  any  such 
committee  shall  have  full  power  to  examine  any  of  the  officers  of 
said  corporation,  under  oath,  touching  the  receipts  and  expenditures 
of  said  corporation. 

Sect.  14.  That  the  said  corporation  shall  keep  constantly  expos- 
ed to  view,  at  all  places  where  they  shall  have  toll-houses,  or 
gates,  and  at  all  public  places  where  they  may  receive  passengers, 
or  freight,  a  sign  or  handbill,  with  rates  of  toll,  or  charge,  legibly 
written  or  printed  thereon. 

Sect.  15.  That  if  any  person  or  persons  shall  wilfully  do,  or 
cause  to  be  done,  any  act  or  acts  whatever,  whereby  any  building, 
construction,  or  work  of  said  corporation,  or  any  engine,  machine, 
or  structure,  or  any  matter  or  thing  appertaining  to  the  same,  shall 


752  VERGENNES   AND   BRISTOL  RAILROAD    COMPANY. 

be  stopped,  obstrncted,  impaired,  weakened,  injured,  or  destroyed, 
the  person  or  persons,  so  offending,  shall  forfeit  and  pay  to  the  said 
corporation,  treble  the  amount  of  damages  sustained  by  means  of 
such  offence,  or  injury,  to  be  recovered  in  the  name  of  said  corpo- 
ration, with  double  costs  of  suit,  by  action  of  debt,  before  any  court 
proper  to  try  the  same ;  and  such  offender  or  offenders  shall  be 
liable  to  indictment  by  the  grand  inquest  for  the  county  within 
which  said  trespass  shall  have  been  committed,  for  any  offence 
or  offences  contrary  to  the  above  provisions,  and,  on  conviction 
thereof  before  any  county  court  to  be  holden  in  said  county,  shall 
pay  a  fine,  not  exceeding  one  thousand  dollars. 

Sect.  16.  That  it  shall  be  lawful  for  the  directors,  or  a  majority 
of  them,  to  require  payment  of  the  sums  to  be  subscribed  to  the 
capital  stock,  at  such  times  and  in  such  proportions,  and  on  such 
conditions,  as  they,  or  a  majority  of  them,  shall  deem  fit,  under  the 
penalty  of  the  forfeiture  of  all  previous  payments  thereon;  and 
shall  give  notice  of  the  payment  thus  required,  and  of  the  place 
and  time  when  the  same  are  to  be  paid,  at  least  thirty  days  pre- 
vious to  the  payment  of  the  same,  in  a  public  newspaper  pub- 
lished in  Addison  county. 

Sect.  17.  That  the  office  of  secretary,  or  clerk,  of  said  corpora- 
tion, shall  be  kept  within  this  State,  in  some  town  through  or  in 
which  said  road  may  pass;  and  this  Act  shall  be  deemed  a  public 
Act,  and  take  effect  from  the  passage  thereof. 

Sect.  18.  That  the  property,  effects,  and  stock  of  said  corpora- 
tion shall  be  free  and  exempt  from  all  taxes,  levied  or  imposed  by, 
or  under  the  authority  of,  this  State,  for  the  term  of  twenty  years 
from  the  passing  of  this  Act. 

Sect.  19.  That  the  State  may  authorize  any  company  to  enter 
with  another  railroad,  at  any  point  of  said  Vergennes  and  Bristol 
Railroad,  paying  for  the  right  to  use  the  same,  or  any  part  thereof, 
such  a  rate  of  toll  as  the  legislature  may,  from  time  to  time,  pre- 
scribe, and  complying  with  such  rules  and  regulations  as  may  be 
established  by  said  Vergennes  and  Bristol  Railroad  Company,  by 
virtue  of  this  Act. 

Sect.  20.  That  it  shall  be  in  the  power  of  the  legislature  of  this 
State,  at  any  time  during  the  continuance  of  this  Act,  after  the 
expiration  of  twenty  years  from  the  opening,  for  use,  for  [of]  the 
railroad  herein  provided  to  be  made,  and  not  before,  to  purchase 
of  the  said  corporation  the  said  railroad,  and  all  franchise,  prop- 
erty, rights,  and  privileges  of  the  said  corporation,  by  paying  them 


VERMONT.  753 

therefor  the  amount  expended  in  making  the  said  railroad,  and  the 
expenses  of  repairs,  and  all  actual  expenses  relating  thereto;  and 
in  case,  at  the  time  of  such  purchase,  the  said  corporation  shall  not 
have  received  an  income  equal  to  ten  per  centum  per  annum  on 
the  original  cost,  over  and  above  the  charge  for  repairs  and  super- 
intendence, and  all  other  expenses  relating  thereto,  the  legislature 
are  to  pay  the  said  corporation  such  additional  sum,  as,  together 
with  the  tolls  and  profits  of  every  kind  which  they  shall  have 
received  from  the  said  railroad,  will  be  equal  to  ten  per  centum 
per  annum  on  the  cost  of  said  railroad,  from  the  date  of  the  pay- 
ment thereof,  by  the  stockholders  of  said  corporation,  to  the  time  of 
such  purchase.     Passed^  Nov.  10,  1835. 


CONNECTICUT  AND   PASSUMPSIC   HrVERS   RAILROAD   COMPANY. 
INCORPORATED    IN    VERMONT    IN    1835. 

No.  37  of  the  Private  Acts  of  1835  co?itains  the  Charter. 

Sect.  1  appoints  certain  persons  a  body  corporate,  with  power  to  construct  a  railroad 
on  the  route  described,  and  to  transport  persons  and  property  thereon,  and  to  do 
other  necessary  acts. 

Sect.  2  pro^ddes,  if  within  five  years  herefrom  they  do  not  commence  the  construc- 
tion of  said  road  and  expend  ,$20,000  thereon,  and  within  fifteen  years  herefrom 
complete  and  put  in  operation  said  road,  that  this  Act  shall  be  void. 

Sect.  3  fixes  the  capital  stock  at  $2,000,000,  with  power  to  increase  it,  if  necessary, 
to  $3,000,000,  in  shares  of  $100  each,  to  be  deemed  personal  property  and  liable 
to  attachment. 

Sect.  4  names  Commissioners,  who  shall  open  books  for  receiving  subscriptions  to 
the  stock,  after  notice  of  the  time  and  place  thereof;  after  the  stock  is  subscribed, 
they  shall  call  a  meeting  of  stockholders  for  choice  of  Directors,  shall  preside  at 
their  election,  and  declare  who  are  elected  :  the  Directors  may  cause  surveys  to 
be  made,  and  locate  the  route  of  the  road. 

Sect.  5  provides  that  the  Directors  shall  choose  a  President  and  Vice-President,  and 
may  fill  vacancies. 

Sect.  6  authorizes  said  election  to  be  held  on  a  subsequent  daj',  if  not  held  on  the 
day  named. 

Sect.  7  defines  the  powers  and  duties  of  the  Directors  ;  it  authorizes  the  Corpora- 
tion, by  their  agents,  to  enter  upon  and  take  lands  necessary  for  the  road,  first 
paying  damages,  if  not  agreed,  to  be  assessed  as  therein  provided. 

Sect.  8  gives  to  either  party  the  right  of  appeal,  from  such  assessment,  to  the  County 
Court,  whose  decision  shall  be  final. 

Sect.  9  authorizes  the  Corporation  to  construct  a  railroad  on  the  route  designated. 


754   CONNECTICUT    AND   PASSUMPSIC   RIVERS   RAILROAD    COMPANY. 

Sect.  10  grants  to  the  Company  a  toll  upon  all  persons  and  property  transported, 

the  rates  of  toll  being  subject  to  revision  by  the  Supreme  Court  as  there  pro- 
vided. 
Sect.  11  authorizes  the  Directors  to  erect  toll-houses,  and  collect  said  tolls,  and 

requires  them  to  keep  an  account  of  receipts  and  expenditures. 
Sect.  1 2  requires  that  the  rates  of  toll  be  publicly  exhibited. 
Sect.  13  provides,  if  any  person  wilfully  injure  said  railroad  or  appurtenances  that 

he  shall  forfeit  to  the  Company  treble  the  damages  sustained,  and  shall  be  Kable 

to  indictment. 
Sect.  14  requires  said  road,  when  it  crosses  any  private  road  or  highway,  to  be  so 

built  as  not  to  obstruct  the  same,  and  provides  for  assessment  of  damages. 
Sect.  15  reserves  to  the  State  the  right  to  authorize  any  Company  to  enter,  with 

their  road,  upon  this  road,  by  paying  the  tolls  prescribed  and  complying  with  the 

Company's  regulations. 
Sect.  16  reserves  to  the  State  the  right,  after  fifty  years  herefrom,  to  purchase  the 

franchise  and  property  of  the  Company,  by  paying  the  cost  thereof,  and  10  per 

cent,  per  annum  interest  if  the  tolls  shall  not  equal  that. 
Sect.  17  authorizes  the  Directors  to  juescribe  the  mode  of  paying  instalments  on 

the  stock,  subject  to  the  penalty  of  forfeiture  of  previous  payments. 
Sect.  18  authorizes  the   Commissioners  to  direct  how  much  shall  be  paid  on  each 

share,  at  the  time  of  subscribing. 
Sect.  19  provides  that  this  Act  shall  take  effect  immediately. 
Sect.  20  requires  the  Clerk's  office  to  be  kept  within  this  State. 

No.  55  of  the  Private  Acts  of  1843  contains  an  additional  Act. 

Sect.  1  revives  and  confirms  the  rights  and  privileges  granted  in  said  Act. 
Sect.  2  appoints  and  names  Commissioners. 

Sect.  3  fixes  the  time  for  commencing  the  construction  of  the  road. 
Sect.  4  names  the  time  for  completing  the  several  portions  thereof. 

No.  26  of  the  Private  Acts  of  1845  contains  an  additional  Act. 

Sect.  1  fixes  the  time  for  organizing  the  Company. 

Sect.  2  makes  two  Corporations ;  the  Northern  Company  having  this  name,  and  the 
Southern  being  called  the  Connecticut  River  Railroad  Company. 

Sect.  3  appoints  Commissioners  to  perform  the  duties  named  in  Section  4  of  the 
origmal  Act ;  and  provides,  if  within  three  years  herefrom  said  Connecticut  River 
Railroad  Company  shall  not  commence  their  road  and  expend  $20,000,  and  within, 
five  years  complete  twenty  miles  thereof,  and  within  ten  years  construct  the  entke 
road,  that  this  Act  shall  be  void  as  to  the  parts  not  completed. 

Sect.  4  rcserv'es  to  the  State  the  right  to  authorize  any  railroad  in  this  State,  or 
crossing  Connecticut  River  from  New  Hampshire,  to  enter  upon  this  road,  by  pay- 
ing the  tolls  prescribed  and  complying  with  this  Company's  regulations ;  either 
Company  may  construct  a  branch  road. 

Sect.  5  requires  the  Company  to  organize,  before  it  can  have  the  benefit  of  these 
provisions. 

Sect.  6  directs  the  mode  of  choosing  Directors. 

Sect.  7  declares  said  Acts  to  be  Public  Acts. 


VERMONT.  755 

Sect.  8  requires  the  Company  to  transport  the  U.  S.  Mail,  by  its  regular  trips,  for  a 

compensation  to  be  fixed  by  the  Supreme  Court. 
Sect.  9  provides  that  this  Act  shall  take  effect  immediately. 

Ko.  18  of  the  Private  Acts  of  1846  contains  an  Additional  Act. 

It  provides,  if  this  Company  construct  the  'V\Tiite  Biver  division  of  their  railroad, 
that  no  railroad  crossing  the  Connecticut  River  from  New  Hampshire,  as  therein 
described,  shall  use  this  road,  except  by  consent. 

Ko.  19  of  the  Private  Acts  of  1847  contains  an  Act  in  addition  to  the  foregoing. 


Laws  of  1835,  No.  37. 

An  Act  to  Incorporate  the  Connecticut    and   Passumpsic   Rivers  Railroad  Com- 
pany. 

Sect.  1.  It  is  herebij  enacted.,  ^'c.  That  Gardner  C.  Hall,  Epa- 
phro  Seymour,  Phineas  White,  James  Keyes,  Mark  Riciiards,  Wil- 
liam Henry.  Henry  T.  Green,  Thomas  Emerson,  Frederick  Pettes, 
Allen  Wardner,  Henry  Stevens,  Ebenezer  Brewer,  Erastus  Fair- 
banks, Huxham  Paddock,  Ephraim  Chamberlain,  Jr.,  Silas  Hough- 
ton, Ellis  Cobb,  Harry  Baxter,  Portus  Baxter,  Elijah  Cleveland,  and. 
Isaac  Parker,  with  such  other  persons  as  shall  associate  with  them  for 
that  purpose,  be,  and  hereby  are,  constituted  a  body  politic  and  cor- 
porate, by  the  name  of  the  Connecticut  and  Passumpsic  Rivers  Rail- 
road Company,  with  the  right  and  power  to  construct  a  single,  double, 
or  treble  railroad,  from  some  point  on  the  southern  boundary  of  the 
State  of  Vermont,  up  the  vallies  of  the  Connecticut  and  Passumpsic, 
to  the  north  line  of  the  State,  in  the  town  of  Derby  or  Newport,  as 
shall  be  judged  expedient  by  said  corporation;  to  transport,  take, 
and  carry  persons  and  property  upon  the  same,  by  power  and  force 
of  steam,  animals,  or  of  mechanical  or  other  power,  or  by  combina- 
tion of  them,  which  said  Company  may  choose  to  employ  ;  and,  by 
that  name,  they  and  their  successors  shall  be  and  are  hereby  vested 
with  the  power  and  right  and  privilege  of  constructing,  making, 
building,  and  using,  a  single,  double,  or  treble  railroad,  for  the  pur- 
poses aforesaid  ;  and  may  have  succession,  and  shall  by  that  name 
be  in  law  capable  of  suing  and  being  sued,  of  pleading  and  being 
impleaded,  in  all  courts  of  law  and  equity,  and  in  all  manner  of 
actions,  and  that  they  and  their  successors  may  have  a  common 


756   CONNECTICUT  AND   PA3SUMPSIC   RIVERS   RAILROAD    COMPANY. 

seal,  and  may  change  the  same  at  pleasure,  and  by  a  vote  of  said 
corporation,  may  have  power,  under  their  said  common  seal,  to  make 
and  execute  any  agreement,  deed,  conveyance,  or  other  instrument 
in  writing,  in  relation  to  their  affairs,  which  may  be  necessary. 

Sect.  2.  That  if  the  corporation  hereby  created,  shall  not,  within 
five  years  from  the  passage  of  this  Act,  commence  the  construc- 
tion of  said  railroad,  and  expend,  at  least,  the  sum  of  twenty  thou- 
sand dollars  thereon  ;  and  shall  not,  within  fifteen  years  from  the 
passage  of  this  Act,  construct,  finish,  and  put  in  operation  the  sin- 
gle, double,  or  treble  railroad,  then  the  said  corporation  shall 
thenceforth  forever  cease,  and  this  Act  shall  be  null  and  void. 

Sect.  3.  That  the  capital  stock  of  said  company  shall  be  two 
millions  of  dollars;  the  company  to  be  authorized  to  increase  that 
capital  to  such  an  amount  as  shall  be  necessary  to  complete  said 
railroad,  and  furnish  the  carriages  to  run  thereon  :  Provided^  said 
increase  shall  not  exceed  three  millions  of  dollars  ;  which  shall  be 
divided  into  shares  of  one  hundred  dollars  each ;  which  sliall  be 
deemed  personal  property,  and  attachable  by  due  process  of  law,  a 
copy  of  which,  duly  certified  by  the  ofiicer  serving  the  same,  and 
lodged  with  thesecretary  of  said  company,  shall  be  holden  to  satisfy 
the  judgment  which  may  be  recovered  in  said  case,  and  transfera- 
ble in  such  manner  as  the  corporation  shall,  by  their  by-laws, 
direct. 

Sect.  4.  That  Erastus  Fairbanks,  Thomas  Emerson,  James 
Keyes,  Gardner  C.  Hall,  Harry  Baxter,  and  Elijah  Cleveland, 
shall  be  commissioners,  the  duty  of  whom,  or  a  majority  of  them, 
it  shall  be,  at  some  suitable  place  in  the  town  of  Brattleboro'  or 
Windsor,  and  such  other  places,  as  said  commissioners  may  think 
proper,  to  open  books  to  receive  subscriptions  to  the  capital  stock 
of  said  corporation  ;  and  at  least  thirty  days'  public  notice  shall  be 
given  by  the  said  commissioners,  of  the  time  and  place  of  the  open- 
ing of  such  books,  in  the  public  newspapers  prnited  at  Brattle- 
boro', Windsor,  and  Danville,  and  in  other  places,  if  deemed  neces- 
sary ;  and  when  the  same  shall  be  subscribed,  said  commissioners 
shall  give  a  like  notice  for  a  meeting  of  the  stockholders,  at  such 
time  and  place  as  said  commissioners,  or  a  majority  of  them,  shall 
appoint,  to  choose  fifteen  directors;  and  such  election  shall  be  then 
and  there  made,  by  such  of  the  stockholders  as  shall  attend  for  that 
purpose,  either  in  person  or  by  lawful  proxy,  each  share  of  the  cap- 
ital stock  entitling  the  stockholder  to  one  vote.  And  the  said  com- 
missioners shall  be  inspectors  of  the  first  election  of  the  directors 


VERMONT.  757 

of  the  said  covporation,  and  shall  certify  under  their  hands,  the 
names  of  those  duly  elected,  and  deliver  over  the  subscription 
books,  moneys,  and  property  of  said  corporation  to  the  said  direct- 
ors;  and  the  time  and  place  of  holding  tiie  first  meeting  of  the 
directors  shall  be  fixed  by  the  said  commissioners  ;  and  a  new  elec- 
tion shall  be  made  annually,  at  such  time  and  place  as  the 
board  of  directors  shall  appniit,  giving  twenty  days'  notice  of  the 
time  and  place  of  meeting  for  said  purpose,  by  publication  in  the 
papers  aforesaid,  which  election  shall  be  held  within  the  State  of 
Vermont.  And  the  directors  shall  have  power  to  appoint  an  engin- 
eer, or  engineers,  and  cause  such  examination  and  surveys  for  said 
railroad  to  be  made,  as  may  be  necessary  to  the  selection  by  them 
of  the  most  advantageous  line,  course,  or  way,  for  said  road. 
And  the  said  directors,  or  a  majority  of  them,  shall,  after  such 
examination  and  survey  shall  be  made,  select,  and  by  two  certifi- 
cates under  their,  or  a  majority  of  their  hands  and  seals,  designate 
the  line,  course,  or  way,  which  they  may  deem  the  most  advan- 
tageous for  said  railroad ;  one  of  which  certificates  shall  be  filed 
and  recorded  in  the  office  of  the  town  clerk  in  each  of  the  towns 
through  which  the  said  road  passes ;  which  line,  course,  or  way, 
so  selected  and  certified,  shall  be  deemed  the  line,  course,  or  way 
on  which  said  corporation  shall  construct,  erect,  build,  or  make, 
their  single,  double,  or  treble  railroad  as  hereinafter  mentioned. 
And  it  shall  be  lawful  for  said  corporation,  if  they  shall  think 
proper,  to  make  any  alterations,  from  time  to  time ;  which  said 
alterations  shall  be  recorded  as  aforesaid ;  the  expenses  of  all 
which  surveys  and  examinations,  as  also  of  the  preliminary  sur- 
veys already  made  and  making,  and  all  manner  of  incidental 
expenses  relating  thereto,  shall  be  paid  by  said  corporation. 

Sect.  5.  That  the  said  directors,  to  be  chosen  at  such  meeting, 
or  annual  meeting,  shall,  as  soon  as  may  be,  after  every  elec- 
tion, choose  out  of  their  own  number,  one  president,  and  one 
vice-president;  in  case  of  the  death,  resignation,  or  absence  of  the 
president,  the  vice-president  shall  preside  until  the  next  annual 
election  thereafter,  or  until  another  president  shall  be  chosen  ;  and 
in  case  of  the  death  or  resignation  of  the  president,  or  vice-president, 
or  of  any  director,  such  vacancy,  or  vacancies,  may  be  filled,  for  the 
remainder  of  the  year  wherein  they  may  happen,  by  the  board  of 
directors ;  and  in  case  of  the  absence  of  the  president,  the  board 
of  directors  shall  have  power  to  appoint  a  president  jyro  tempore, 
who  shall  have  and  exercise  such  powers  and  functions  as  the 
by-laws  of  said  corporation  may  provide. 

64 


758   CONNECTICUT   AND   PASSUMPSIC   RIVERS   RAILROAD    COMPANY. 

Sect.  6.  That  in  case  it  should  at  any  time  happen,  that  an 
election  of  directors  shall  not  be  made  on  any  day  when,  pursuant 
to  this  Act,  it  ought  to  have  been  made,  the  said  corporation  shall 
not,  for  that  cause,  be  deemed  to  be  dissolved,  but  such  election 
may  be  held  at  any  other  time  directed  by  the  by-laws  of  said  cor- 
poration. 

Sect.  7.  That  nine  directors  of  the  said  corporation  shall  form  a 
board,  and  they,  or  a  majority  of  them,  shall  be  competent  to 
transact  all  the  business  of  the  said  corporation  ;  and  they  shall 
have  full  power  to  make  and  prescribe  such  by-laws,  rules,  and 
regulations,  as  to  them  shall  appear  needful  and  proper,  touching 
the  management  and  disposition  of  the  stock,  property,  and  effects 
of  the  said  corporation  ;  the  transfer  of  the  shares,  the  duties  and 
conduct  of  their  officers  and  servants,  and  election  of  directors, 
and  all  other  matters  whatsoever,  which  may  appertain  to  the 
concerns  of  the  said  corporation ;  and  also  shall  have  power 
to  appoint  a  secretary,  and  as  many  clerks,  who  shall  be  sworn  to 
the  faithful  discharge  of  their  duties,  and  a  treasurer,  who  shall 
give  bonds  to  the  satisfaction  of  the  corporation,  in  a  sum  not  less 
than  forty  thousand  dollars,  for  the  faithful  discharge  of  his  trust, 
and  servants,  as  to  them  shall  seem  proper  ;  and  to  establish  and  fix 
such  salaries  and  allowances  to  them,  and,  also,  to  the  president 
and  vice-president,  as  to  the  said  board  of  directors  shall  appear 
proper.  And  the  said  corporation  are  hereby  authorized,  by  their 
agents,  surveyors,  and  engineers,  to  enter  upon  such  route,  place, 
and  places,  to  be  designated  as  aforesaid,  by  the  said  dhectors, 
as  the  line,  course,  road,  or  way,  whereon  to  construct  their  sin- 
gle, double,  or  treble  railroad  ;  and  it  shall  be  lawful  for  said  cor- 
poration to  enter  upon,  and  take  possession  of,  and  use  all  such 
lands  and  real  estate,  as  may  be  indispensable  for  the  construction 
and  maintenance  of  their  single,  double,  or  treble  railroad,  and  the 
accommodation  requisite  and  appertaining  to  them  ;  and  may,  also, 
receive,  hold,  and  take  all  such  voluntary  grants  and  donations  of 
lands  and  real  estate,  as  shall  be  made  to  the  said  corporation,  to 
aid  in  the  construction,  maintenance,  and  accommodation  of  the 
said  single,  double,  or  treble  railroad  :  Provided,  That  all  lands 
and  real  estate  entered  and  taken  possession  of,  and  used  by 
the  said  corporation,  and  which  are  not  donations,  shall  be  pur- 
chased by  the  said  corporation,  and  of  the  owner  or  owners  of 
the  same,  at  a  price  to  be  mutually  agreed  upon  between  them  ; 
and  in  case  of  a  disagreement  of  price,  and  before  the  making  any 
part  of  the  road  upon  said  land,  it  shall  be  the  duty  of  the  judges  of 


VERMONT. 


759 


the  supreme  court,  on  application  of  the  directors  of  said  corpora- 
tion, to  appoint  three  commissioners,  who  shall   be   persons  not 
interested  in  the  matters  to  be  determined  by  them,  to  determine 
the  damages  which  the  owner  or  owners  of  the  land  or  real  estate, 
so  entered  upon  by  the  said  corporation,  may  have  sustained,  or 
shall  be  likely  to  sustain,   by  the  occupation  of  the  same;  and 
upon  payment  of  such  damages,  together  with  the  costs  and  charges 
attending  the  appraisement,  by  the  said  corporation,  the  said  com- 
missioners being  allowed  three  dollars  each  per  day,  while  thus 
employed  ;   or,  upon  said  corporation  depositing  in  either  of  the 
banks  in  Windham,  Windsor,  Orange,  Caledonia,  or  Orleans  coun- 
ties, the  amount  of  such  damages,  together  with  the  costs  and  char- 
ges aforesaid,  to  the  credit  of  the  person,  or  persons,  to  whom  the 
commissioners  may  have  awarded  them,  the  proper  officers  of  said 
banks  giving  notice  to  such  person,  or  persons,  by  letter,  or  other- 
wise, of  such  deposit  being  made  by  said  corporation  ;  then  the  said 
corporation  shall  be  deemed  to  be  seised  and  possessed  of  all  such 
lands  or  real  estate,  as  shall  have  been  so  appraised  by  said  com- 
missioners.    And  it  shall  be  the  duty  of  said  commissioners  to  give 
fifteen  days'  notice  of  the  time  and  place  of  such  appraisement,  to 
be  given  to  the  occupants  or  owners  of  the  land  to  be  appraised, 
and  after  such  appraisement,  to  deliver  to  said  corporation  a  writ- 
ten statement  of  the  award,  or  awards,  they  shall  make,  with  a 
description  of  the  land  or  real   estate  appraised,   which  shall  be 
recorded  by  said  corporation,  within  sixty  days,  in  the  office  of 
town  clerk  where  said  lands  lie ;  and  in  case  any  owner  or  own- 
ers of  the  land,  or  real  estate,  taken  by  said  corporation,  shall  be 
married  women,  infants,   idiots,  or  insane,  or  shall  reside  out  of 
this  State,  then,   in  such  case,   said  corporation  shall  cause  the 
damages  sustained  by  such  owners  to  be  determined  in  the  manner 
above  prescribed,  and  shall  pay  the  amount  of  such  last  mentioned 
damages  to  the  said  last  mentioned  owners,  respectively,  when- 
ever the  same  shall  be  lawfully  demanded,  together  with  the  inter- 
est, at  the  rate  of  six  per  cent,  per  annum,  which  said  amount  and 
interest  shall  be  a  specific  lien  on  the  real  estate  of  said  corpora- 
tion, and  shall  have  a  preference  to  any  other  demand  against  said 
corporation. 

Sect.  8.  That  should  the  corporation,  or  the  owner  of  any  real 
estate,  land,  or  materials,  feel  themselves  aggrieved  by  the  deci- 
sion of  the  commissioners  aforesaid,  either  party  may.  within  ninety 
days  from  the  making  of  such  decision,  and  notice  thereof,  or  from 


760   CONNECTICUT   AND    PASSUMPSIC   RIVERS    RAILROAD    COMPANY. 

the  removal  of  the  disabilities  in  the  preceding  section  mentioned. 
or  from  the  return  of  such  non-resident  to  this  State,  appeal  to  the 
county  court  in  the  county  where  such  land  or  other  property  lie; 
and  the  decision  of  said  court  shall  be  final  and  conclusive ;  and 
said  court  shall  tax  costs  for  or  against  either  party,  as  shall  by 
said  court  be  deemed  just  and  equitable. 

Sect.  9.  That  the  said  corporation  is  hereby  authorized  to  con- 
struct, erect,  build,  make,  and  use,  a  single,  double,  or  treble  rail- 
road or  way,  of  any  suitable  width  or  dimensions,  to  be  determined 
by  said  corporation,  in  the  line,  course,  or  way,  designated  by  the 
directors  as  aforesaid,  as  the  line,  course,  or  way,  whereon  to  con- 
struct, erect,  build,  and  make  the  same. 

Sect.  10.  That  a  toll  be,  and  hereby  is,  granted  and  established 
for  the  sole  benefit  of  said  corporation,  upon  all  passengers  and 
property,  of  all  descriptions,  which  may  be  conveyed  or  transpor- 
ted upon  such  road,  at  such  rates  per  mile  as  may  be  agreed  upon 
and  established,  from  time  to  time,  by  the  directors  of  said  corpo- 
ration; the  transportation  of  persons  and  property,  the  construction 
of  wheels,  the  form  of  cars  and  carriages,  the  weight  of  loads,  and 
all  other  things  and  matters  in  relation  to  said  road,  shall  be 
in  conformity  to  such  rules,  regulations,  and  provisions  as  the 
directors,  from  time  to  time,  shall  prescribe  and  direct:  Provided^ 
however,  that  the  supreme  court,  at  any  stated  session  thereof,  to  be 
holden  in  either  of  the  counties  of  Windham,  Windsor,  Orange,  Cale- 
donia, or  Orleans,  on  application  of  any  ten  freeholders,  of  any  town 
or  towns  through  which  said  road  may  pass,  may  alter  or  establish 
the  rate  or  rates  of  toll,  and  proceeds  of  transportation  upon  said 
road,  for  a  term  of  time  not  exceeding  ten  years,  at  any  one  time, 
and  in  such  a  manner  that  said  corporation  shall  not  receive  less 
than  twelve  per  centum  per  annum,  on  the  amount  of  capital 
stock,  together  with  all  charges  and  expenses  of  said  corporation, 
for  the  first  fifty  years  after  the  said  corporation  shall  commence 
taking  toll  on  said  road;  and  in  such  a  manner  that  said  corpora- 
tion shall  not  receive  less  than  six  per  centum  per  annum  on  the 
amount  of  capital  stock,  together  with  all  charges  and  expenses 
thereafter. 

Sect.  11.  That  the  directors  of  said  corporation  for  the  time 
being  are  hereby  authorized  to  erect  toll-houses,  establish  gates, 
appoint  toll-gatherers,  and  demand  toll  upon  the  said  road,  when 
completed,  and  upon  such  part  or  parts  thereof  as  shall,  from  time 
to  time,  be  completed ;  and  said  corporation  shall  keep  just  and 


VERMONT.  761 

true  books  and  accounts  of  all  expenditures  by  them  made  in  con- 
structing and  keeping  in  repair  said  road,  and  also  of  the  moneys 
and  tolls  received  thereon  ;  which  books  and  accounts  shall,  at  all 
times,  be  open  to  the  inspection  of  any  committee  of  the  legislature, 
or  the  supreme  court;  and  any  such  committee  shall  have  full 
power  to  examine  any  of  the  officers  of  said  corporation,  under 
oath  touching  the  receipts  and  expenditures  of  said  corporation. 

Sect.  12.  That  the  said  corporation  shall  keep  constantly  expos- 
ed to  view,  at  all  places  where  they  shall  have  toll-houses,  or  gates, 
and  all  public  places  where  they  may  receive  passengers,  or  freight, 
a  sign  or  handbill,  with  the  rates  of  toll,  or  charge,  legibly  written 
or  printed  thereon. 

Sect.  13.  That  if  any  person  or  persons  shall  wilfully  do,  or 
cause  to  be  done,  any  act  or  acts  whatsoever,  whereby  any  building, 
construction,  or  work  of  the  said  corporation,  or  any  engine, 
machine,  or  structure,  or  any  matter  or  thing  appertaining  to  the 
same,  shall  be  stopped,  obstructed,  impaired,  weakened,  injured, 
or  destroyed,  the  person  or  persons,  so  offending,  shall  forfeit  and 
pay  to  the  said  corporation,  treble  the  amount  of  the  damages  sus- 
tained by  means  of  such  off'ence  or  injury,  to  be  recovered  in  the 
name  of  said  corporation,  in  an  action  of  debt,  with  costs  of 
suit,  before  any  court  proper  to  try  the  same;  and  such  offender 
or  offenders  shall  be  liable  to  indictment  by  the  grand  inquest  for 
the  county,  within  which  such  trespass  shall  have  been  committed, 
for  any  offence,  or  offences,  contrary  to  the  above  provisions,  and, 
on  conviction  thereof,  before  any  county  court  to  be  holden  in  said 
county,  shall  pay  a  fine  not  exceeding  one  hundred  dollars,  to  the 
use  of  the  State. 

Sect.  14.  That  if  the  said  railroad,  in  the  course  thereof,  shall 
cross  any  private  way,  the  corporation  shall  so  construct  said  road 
as  not  to  obstruct  the  safe  and  convenient  use  of  such  private  way; 
and  if  said  road  be  not  so  constructed,  the  parties  aggrieved  shall 
be  entitled  to  his  action  on  the  case,  in  any  court  proper  to  try  the 
same,  and  shall  recover  his  reasonable  damages  for  such  injury. 
And  if  the  said  road  shall,  in  the  course  thereof,  cross  any  canal, 
turnpike,  or  other  highway,  the  said  road  shall  be  so  construc- 
ted as  not  to  impede  or  obstruct  the  convenient  use  of  such 
canal,  turnpike,  or  other  highway.  And  the  said  corporation  shall 
have  the  power  to  raise  or  lower  such  turnpike,  liighway,  or 
private  way,  so  that  the  said  railroad,  if  necessary,  may  con- 
veniently pass  under  or  over  the  same;  and  if  said  corporation 

64* 


762   CONNECTICUT   AND   PASSUMPSIC   RIVERS   RAILROAD    COMPANY. 

shall  raise  or  lower  any  such  turnpike,  highway,  or  private  way, 
pursuant  thereto,  and  shall  [not]  so  raise  or  lower  the  same  as  to 
be  satisfactory  to  the  proprietors  of  such  turnpike,  or  to  the  select- 
men of  the  town  in  which  said  highway  or  private  way  may 
be  situate,  as  the  case  may  be,  said  proprietors  or  selectmen 
may  require,  in  writing,  of  said  corporation  such  alteration  or 
amendment  as  they  may  think  necessary;  and  if  the  required 
amendment  be  reasonable  and  proper,  and  the  said  corporation 
shall  unreasonably  and  unnecessarily  neglect  to  make  the  same, 
such  proprietors  or  selectmen,  as  the  case  may  be,  may  proceed  to 
make  such  alterations  or  amendment,  and  may  institute  and  prose- 
cute to  final  judgment  and  execution,  in  any  court  proper  to  try  the 
same,  any  action  of  the  case  against  said  corporation,  and  shall 
therein  recover  reasonable  indemnity  in  damages,  for  all  charges, 
disbursements,  labor,  and  services,  occasioned  by  making  such 
alteration  or  amendments,  with  costs  of  suit.  And  if  the  said  road 
or  way  shall,  in  the  course  thereof,  intersect  or  cross  any  stream 
of  water,  or  watercourse,  it  shall  be  lawful  for  said  corporation  to 
construct  their  said  road  or  way  across  or  upon  the  same  :  Pro- 
vided, the  said  corporation  shall  restore  the  stream,  or  watercourse, 
thus  intersected  or  crossed,  to  its  former  state,  or  in  sufficient  man- 
ner not  to  impair  its  usefulness.  And  the  said  corporation  shall 
erect  and  maintain  a  sufficient  fence  upon  each  side  of  their  road, 
throughout  the  whole  route  thereof:  Provided  nevertheless,  that 
nothing  in  this  Act  shall  be  construed  to  prevent  the  crossing  the 
said  road  or  way,  with  teams  or  otherwise,  in  such  manner  as 
shall  be  calculated  not  to  injure  the  same. 

Sect.  15.  That  the  legislature  of  this  State  may  authorize  any 
company  to  enter  with  another  railroad,  at  any  point,  paying  for 
the  right  to  use  the  same,  or  any  part  thereof,  such  a  rate  of  toll  as 
said  legislature  may,  from  time  to  time,  prescribe,  and  complying 
with  such  rules  and  regulations  as  may  be  established  by  said  Con- 
necticut and  Passumpsic  Railroad  Company,  by  virtue  of  this  Act. 

Sect.  16.  That  it  shall  be  in  the  power  of  the  legislature  of  this 
State,  at  any  time  during  the  continuance  of  this  Act,  after  the 
expiration  of  fifty  years  from  the  opening  for  use  of  the  rail- 
road, herein  provided  to  be  made,  and  not  before,  to  purchase  of 
said  corporation  the  said  railroad,  and  all  the  franchise,  prop- 
erty, rights,  and  privileges  of  the  said  corporation,  by  paying  them 
therefor  the  amount  expended  in  making  the  same  railroad,  and  the 
expenses  of  repairs,  and  all  other  expenses  relating  thereto.     And 


VERMONT.  763 

in  case,  at  the  time  of  said  purchase,  the  said  corporation  shall  not 
have  [received]  an  income  equal  to  ten  per  centum  per  annum 
on  the  original  cost,  over  and  above  the  charge  for  repairs,  and 
expenditures,  and  all  other  expenses  relating  thereto,  the  legislature 
are  to  pay  the  said  corporation  such  additional  sum  as,  together  with 
the  tolls  and  profits  of  every  kind  which  they  shall  have  received 
from  the  said  railroad,  will  be  equal  to  ten  per  centum  per  annum 
on  the  cost  of  said  railroad,  from  the  date  of  the  payment  thereof 
by  the  stockholders  of  said  corporation  to  the  time  of  such  pur- 
chase. 

Sect.  17.  That  it  shall  be  lawful  for  the  directors,  or  a  majority 
of  them,  to  require  payment  of  the  sums  to  be  subscribed  to  the 
capital  stock,  at  such  times,  and  in  such  proportions,  and  on  such 
conditions,  as  they,  or  a  majority  of  them,  shall  deem  fit,  under 
the  penalty  of  forfeiture  of  all  previous  payments  thereon,  and 
shall  give  notice  of  the  payments  thus  required,  and  of  the  time 
and  place  where  the  same  are  to  be  paid,  at  least  thirty  days  pre- 
vious to  the  payment  of  the  same,  in  the  public  newspapers  printed 
in  said  Windham,  Windsor,  Orange,  Caledonia,  and  Orleans 
counties. 

Sect.  IS.  That  the  commissioners  named  in  the  fourth  section 
of  this  Act  may  make  such  regulations,  and  require  such  sums  paid 
on  each  share,  at  the  time  of  the  subscription  thereof,  as  to  them 
shall  seem  proper;  and  in  case  a  greater  amount  of  capital  stock 
shall  be  subscribed  for,  than  the  sum  of  three  millions  of  dollars,  the 
said  commissioners  shall  distribute  the  stock  in  such  manner  as 
they  shall  deem  equitable  and  just. 

Sect.  19.  That  this  Act  shall  take  effect  immediately  after  the 
passage  thereof 

Sect.  20.  That  the  office  of  Clerk  of  said  corporation  shall  be 
kept  within  this  State.     Passed  November  10,  1835. 

Laws  op  1843,  No.  55. 

An  Act,  to  revive  an  Act,  entitled  "  An  Act  to  incorporate  the  Connecticut  and 
Passumpsic  Rivers  Railroad  Company,"  passed  November  10,  1835. 

Sect.  1.  It  is  hereby  enacted,  ij'c.  That  said  Act,  and  all  the 
powers,  privileges,  and  immunities,  therein  granted,  are  hereby 
revived  and  re-granted  to  said  company,  as  fully  as  if  the  com- 
pany had  complied  with  the  conditions  mentioned  in  section  two 
of  said  Act. 


764   CONNECTICUT   AND   PASSUMPSIC   PJVERS   RAILROAD    COMPANY. 

Sect.  2.  Gardner  C.  Hall,  Calvin  Townsley,  Henry  Smith, 
Peyton  R.  Chandler,  Allen  Wardner,  Timothy  Shedd,  and  Erastus 
Fairbanks,  shall  be  the  board  of  commissioners,  to  perform  the 
duties  mentioned  in  section  four  of  said  Act. 

Sect.  3.  If  said  company  shall  not,  within  three  years  from  the 
passing  of  this  Act,  commence  the  construction  of  said  railroad, 
and  expend  thereon  at  least  twenty  thousand  dollars,  this  Act 
shall  be  void. 

Sect.  4.  Said  company  shall  make  twenty  miles  of  said  railroad 
within  five  years,  and  thirty  miles  more  within  ten  years,  and 
make  and  complete  the  whole  length  of  said  road  within  fifteen 
years  from  the  passing  of  this  Act ;  and  such  parts  of  said  route 
as  shall  not  be  made  and  completed  within  the  periods  aforesaid, 
shall  be  forfeited,  and  the  powers  of  said  company  over  such  parts 
of  said  route  as  shall  not  be  made  as  aforesaid,  shall  cease :  Pi^o- 
vided,  that  nothing  herein  contained  shall  be  so  construed  as  to 
deprive  said  company  of  any  of  the  privileges  or  benefits  granted 
by  said  Act,  upon  such  parts  of  said  road  as  shall  be  made  within 
the  time  aforesaid.     Approved,  October  31,  1843. 

Laws  of  1845,  No.  26. 

An  Act,  in  addition  to  an  Act,  to  incorporate  the   Connecticut  and  Passumpsic 
Rivers  Railroad  Company,  passed  November  10,  1835. 

Sect.  1.  li  is  hereby  enacted^  ^c.  That  the  said  railroad  com- 
pany may  organize,  agreeably  to  the  provisions  of  said  Act,  so 
soon  as  five  hundred  thousand  dollars  shall  have  been  subscribed 
to  the  capital  stock. 

Sect.  2.  The  said  company  shall  be  divided,  and  the  same  is 
hereby  divided,  into  two  companies,  making  White  River,  at  or 
near  its  mouth,  the  point  of  division  of  the  line  of  route.  The 
northern  company  shall  retain  the  name,  and  is  hereby  declared  to 
be  the  Connecticut  and  Passumpsic  Rivers  Railroad  Company, 
and  shall  retain  all  subscriptions  to  the  capital  stock  thereof;  and 
the  southern  company  shall  be  known  by  the  name  of  the  Con- 
necticut River  Railroad  Company  ;  and  each  company  shall  have 
all  the  powers  and  privileges,  and  be  liable  to  all  the  provisions  of 
the  Act  aforesaid,  and  of  the  Acts  in  addition  thereto,  so  far  as  the 
same  are  applicable  to  each. 

Sect.  3.  Gardner   C.    Hall,    Henry   Smith,  Calvin   Townsley, 


VERMONT.  765 

John  R.  Blake,  James  Keyes,  and  Peyton  R.  Chandler,  shall  be 
commissioners  to  perform  the  duties  specified  in  the  fourth  section 
of  said  Act,  for  the  purpose  of  organizing  the  Connecticut  River 
Railroad  Company,  and  the  said  company  may  organize  so  soon 
as  one  thousand  shares  shall  have  been  subscribed  to  the  capital 
stock  :  Provided,  however,  that  if  the  said  Connecticut  River  Rail- 
road Company  shall  not,  within  three  years  from  the  passing  of 
this  Act,  commence  the  construction  of  said  railroad  at  its  southern 
terminus,  and  expend,  at  least,  the  sum  of  twenty  thousand  dol- 
lars thereon,  and  shall  not,  within  five  years  from  the  passage  of 
this  Act,  complete  the  construction  of  twenty  miles  of  the  southern 
section  of  said  railroad,  and  shall  not,  within  ten  years  from  the 
passage  of  this  Act  construct  the  said  railroad  throughout  the 
entire  line,  then  this  Act  shall  become  void  as  respects  such 
portion  of  said  road  as  shall  not  have  been  thus  constructed. 
But  nothing  in  this  Act  shall  be  so  construed  as  to  deprive  the 
company  of  such  portions  of  the  road  as  shall  have  been  con- 
structed as  above. 

Sect.  4.  Any  other  railroad  within  this  State,  and  any  railroad 
or  railroads  crossing  Connecticut  River,  from  the  State  of  New 
Hampshire,  which  may  hereafter  be  authorized  to  do  so  by  the 
legislature,  may  enter  either  of  the  railroads  hereinbefore  estab- 
lished at  such  point  or  points  as  shall  be  most  convenient,  con- 
structing necessary  tracks  for  such  intersection,  and  complying 
with  such  rules  and  regulations  as  the  corporations  herein  provided 
shall  establish,  and  paying  a  reasonable  compensation  for  the  right 
of  using  such  part  of  said  roads  as  may  be  required.  And  if  any 
corporation,  which  shall  thus  enter  said  railroad,  shall  feel  aggriev- 
ed by  such  rules  and  regulations,  or  by  the  terms  of  compensation 
required,  such  corporation  may  apply  to  the  supreme  court  sitting 
for  either  of  the  counties  through  which  said  railroad  passes,  who 
shall  thereupon  appoint  commissioners  to  settle  and  determine  upon 
such  rules  and  regulations  and  such  amount  of  compensation,  as 
with  a  proper  regard  to  the  interest  of  the  company  or  companies 
herein  established,  shall  secure  no  unreasonable  advantage  of  one 
corporation  over  another.  And  such  rules  and  regulations,  and 
rates  of  compensation,  if  adopted  by  the  court,  shall  thereby  become 
established  until  altered  by  the  court  on  a  similar  application  : 
Provided,  that  railroad  companies,  within  the  State  of  New  Hamp- 
shire, shall  have  no  right  to  enter  upon  the  railroads  herein  estab- 
lished, in  manner  aforesaid,  unless  equal  privileges  are  extended 


766   CONNECTICUT   AND   PASSUMPSIC   RIVERS   RAILROAD    COMPANY. 

to  them  for  entering  and  using  the  railroads  of  said  corporations, 
within  the  State  of  New  Hampshire:  Provided^  further^  that  the 
Connecticut  and  Passumpsic  Rivers  Railroad  Company,  and  the 
Connecticut  River  Railroad  Company,  or  either  of  them,  shall 
have  the  right  to  construct  a  branch  or  branches  for  the  purpose  of 
connecting,  and  may  connect,  with  each  other,  and  with  any  rail- 
road crossing  Connecticut  River,  on  such  terms  as  shall  be  mutu- 
ally agreed  upon  by  the  corporations  so  connected,  and  shall  be 
authorized,  and  are  hereby  authorized,  to  enter  upon  and  take 
lands  so  far  as  may  be  necessary  for  such  branch  or  branches,  and 
for  necessary  depots,  subject  as  aforesaid  to  all  the  provisions  of 
the  Act  to  which  this  is  in  addition. 

Sect.  5.  The  corporation,  constituted  by  the  Act  to  which  this 
Act  is  in  addition,  shall  take  no  benefit  of  this  Act  until  said  com- 
pany shall  organize,  which  organization  shall  be  duly  certified  to 
the  secretary  of  state,  and  shall  be  considered  a  full  assent  to  the 
several  provisions  of  this  Act. 

Sect.  6.  The  board  of  directors  for  each  of  the  corporations 
herein  established  shall  be  chosen  in  the  manner  provided  in  section 
four  of  the  Act  to  which  this  is  in  addition,  and  the  number  of 
directors,  not  less  than  seven  for  each  corporation,  shall  be  desig- 
nated in  the  by-laws,  and  all  notices  required  by  the  aforesaid  Act 
shall  be  published  in  two  or  more  newspapers  of  the  counties 
through  which  each  road  shall  pass. 

Sect.  7.  This  Act,  and  the  Act  to  which  this  is  in  addition,  shall 
be  taken  and  deemed  to  be  Public  Acts,  and  shall  be  construed 
favorably  and  beneficially  for  all  the  purposes  for  which  they  were 
enacted. 

Sect.  8.  Said  corporation  shall  transport  the  United  States  mail 
over  the  road  of  said  company,  by  its  regular  trips.  And  the 
supreme  court  shall,  on  application  for  that  purpose,  fix  the  price 
for  which  it  shall  be  so  transported  to  and  from  any  different  points 
on  said  road,  which  shall  continue  to  be  the  price  until  the  same 
shall  be  altered  by  said  court. 

Sect.  9,  This  Act  shall  take  effect  from  its  passage.  Approved^ 
November  5,  1845. 


VERMONT.  767 


Laws  of  1846,  No.  18. 

An  Act  in  addition  to  an  Act,  to  incorporate  the  Connecticut  and  Passumpsic  Rivers 

Kailroad  Company. 

It  is  hereby  enacted,  ^'c.  That  in  case  the  Connecticut  and  Pas- 
sumpsic Rivers  Railroad  Company  shall  construct  the  White  River 
division  of  their  railroad,  lying  between  the  mouth  of  White  River 
and  the  town  of  Fairlee,  neither  their  Act  of  incorporation,  nor  any 
Act  in  addition  thereto,  shall  be  so  construed  as  to  authorize  any 
railroad  which  may  cross  the  Connecticut  River,  from  the  State  of 
New  Hampshire,  at  any  point  between  the  centre  of  the  said  town 
of  Fairlee,  and  the  mouth  of  the  Passumpsic  River,  to  enter  upon, 
connect  with,  or  use,  the  said  Connecticut  and  Passumpsic  Rivers 
Railroad,  or  any  part  thereof,  except  by  the  mutual  consent  and 
agreement  of  the  corporations  interested  in  such  connection.  Ap- 
proved, October  20,  1846. 

Laws  of  1847,  No.  19. 

An  Act  in  addition  to  the  Acts  incorporating  the  Connecticut  River  and  the  Brat- 
tleboro'  and  Fitchburgh  Railroad  Companies. 

Whereas  the  legislature,  on  the  31st  day  of  October,  1843, 
passed  "An  Act  to  incorporate  the  Brattleboro'  and  Fitchburgh 
Railroad  Company,"  and  on  the  fifth  day  of  November,  A.  D. 
1845,  passed  "  An  Act  in  addition  to  an  Act  to  incorporate  the 
Connecticut  and  Passumpsic  Rivers  Railroad  Company,"  passed 
November  10,  1835  ;  therefore. 

Sect.  1.  Be  it  enacted,  (^'c.  That  the  Connecticut  River  Railroad 
Company  are  hereby  authorized  to  make  the  southern  terminus  of 
their  road,  at  the  northern  terminus  of  the  said  Brattleboro'  and 
Fitchburgh  Railroad  Company,  and  may  surrender  to  said  last 
named  company,  their  present  right  of  building  the  same,  south  of 
that  point. 

Sect.  2.  If  the  Connecticut  River  Railroad  Company  shall  within 
the  respective  times  limited  in  the  third  section  of  said  Act  of 
1845,  make  the  expenditures,  and  complete  the  constructions 
therein  required,  and  build  said  road  to  Bellows  Falls,  in  two 
years,  the  requirements  in  said  section  shall  be  deemed  to  be  com- 
plied with,  and  said  company  shall  have  and  enjoy  the  portions  of 


768   CONNECTICUT   AND   PASSUMPSIC   RIVERS   RAILROAD    COMPANY. 

road  so  built,  although  said  expenditures  and  constructions  may  be 
all  northwardly  of  the  upper  terminus  of  the  Brattleboro'  and 
Fitchburgh  Railroad,  instead  of  a  part  thereof  being  south  of  that 
point,  as  now  required. 

Sect.  3,  The  Connecticut  River  Railroad  Company  may  lease 
or  sell  to  said  Brattleboro'  and  Fitchburg  Railroad  Company,  any 
portion  of  their  road,  south  of  Williams'  River,  in  Rockingham, 
whether  said  portion  be  completed  or  unfinished  ;  and  may  convey 
to  said  last  named  company,  all  their  rights  and  privileges  therein  : 
Provided^  that  said  Brattleboro'  and  Fitchburgh  Railroad  Com- 
pany shall,  temporarily,  in  case  of  lease,  and  perpetually,  in  case 
of  purchase,  be  subject  to  all  the  duties  and  liabilities  incumbent 
upon  said  Connecticut  River  Railroad  Company,  as  to  such  por- 
tion. 

fSECT.  4.  The  supreme  court  shall,  on  application  for  that  pur- 
pose, fix  the  price,  for  which  the  United  States  mail  shall  be  con- 
veyed, by  said  corporation,  between  any  different  points  on  said 
road,  in  this  State,  which  shall  continue  to  be  the  price  for  con- 
veying said  mail  until  the  same  shall  be  altered  by  said  court, 
which  they  are  authorized  to  do  on  application  for  that  purpose. 

Sect.  5.  The  Brattleboro'  and  Fitchburgh  Railroad  Company 
shall  permit  a  fair  and  commodious  connection  to  be  formed  at  the 
south  line  of  this  State,  between  their  railroad  and  the  railroad 
now  authorized  to  be  built,  in  Massachusetts,  from  Greenfield  to 
said  south  line  of  this  State;  and  the  said  Brattleboro'  and  Fitch- 
burgh Railroad  Company  shall  permit  the  use  of  their  said  road, 
for  the  transportation  of  all  business,  to  and  from  said  road  in 
Massachusetts,  receiving  therefor  such  compensation  as  may  be 
determined,  on  application,  from  time  to  time,  by  the  supreme 
court :  Provided,  however,  that  in  determining  such  compensation, 
the  said  court  shall  have  due  reference  to  the  terms  and  conditions, 
on  which  said  company,  in  Massachusetts,  shall  receive  and  deliver 
the  business,  to  and  from  said  company,  in  Vermont,  and  the  river 
line  to  Montague,  with  which  it  is  identified,  and  to  the  full  and 
fair  reciprocity  of  business  interchanged,  both  at  the  State  line, 
and  at  South  Deerfield. 

Sect.  6.  The  said  Connecticut  River  Railroad  Company  shall 
be  subject  to  all  the  duties,  liabilities,  restrictions,  and  provisions 
which  may  hereafter  be  established  by,  or  contained  in,  any  general 
law  of  this  State,  applicable  to  and  respecting  all  railroad  corpora- 
tions, within  this  State  ;  unless  the  same  shall  be  inconsistent  with 


YERMONT.  769 

the  express  provisions  of  this  Act,  and  the  Acts  relating  to  said 
company,  which  have  heretofore  been  passed.  Approved,  Novem- 
ber 6j  1847. 


NORWICH  AND  HARTFORD  FORWARDING  RAILROAD   COMPANY. 
INCORPORATED    IN    VERMONT    IN    1836. 

No.  39  of  the  Private  Acts  of  1836  contains  the  Charter. 

Sect.  1  grants  corporate  powers,  with,  the  right  to  construct  a  railroad  on  the  route 
described,  and  to  transport  persons  and  property  thereon. 

Sect.  2  provides,  if  -within  four  years  herefrom  they  do  not  commence  the  construc- 
tion of  said  road  and  expend  $2000  thereon,  and  within  ten  years  herefrom  com- 
plete and  put  in  operation  said  road,  that  this  Act  shall  be  void. 

Sect.  3  fixes  the  capital  stock  at  $30,000,  with  power  to  increase  it  to  $50,000,  to 
be  divided  into  shares  of  $1000  each. 

Sect.  4  appoints  Commissioners,  who  shall  open  books  for  receiving  subscriptions  to 
the  stock  ;  when  the  stock  is  subscribed,  they  shall  call  a  meeting  of  stockholders 
for  choice  of  Dii-ectors,  preside  at  their  election,  determine  who  are  chosen ;  and 
fix  the  time  and  place  of  their  first  meeting  ;  the  Directors  shall  be  elected  annu- 
ally, shall  have  power  to  cause  surveys  to  be  made,  and  to  designate  the  route  of 
the  road ;  the  Company  may  alter  such  route,  if  necessary. 

Sect.  5  provides  that  the  Directors  shall  choose  a  President  and  Vice-President, 
and  may  fill  vacancies  occurring. 

Sect.  6  authorizes  such  election  to  be  held  at  a  subsequent  day,  if  necessary. 

Sect.  7  i^rovides  that  five  Directors  shall  form  a  quorum,  and  defines  their  powers 
and  duties  ;  it  authorizes  the  Company,  or  their  agents,  to  enter  upon  lands  neces- 
sary for  the  road,  paying  damages,  if  not  agreed,  to  be  assessed  as  therein  pro- 
vided. 

Sect.  8  gives  to  either  party  the  right  of  appeal  from  such  assessment  to  the  County 
Court,  Avhose  decision  shall  be  final. 

Sect.  9  authorizes  the  Company  to  construct  said  railroad  on  the  route  described. 

Sect.  10  grants  to  the  Corporation  a  toll  for  transportation  on  said  road,  the  rates 
being  subject  to  revision  by  the  Supreme  Court. 

Sect.  1 1  authorizes  them  to  erect  toll-houses  and  other  buildings  and  to  collect  said 
tolls,  and  requires  them  to  keep  a  true  account  of  their  receipts  and  expenditures. 

Sect.  12  requires  them  to  exhibit  publicly  the  rates  of  toll. 

Sect.  13  provides,  if  any  person  wilfully  injure  said  railroad  or  appurtenances,  that 
he  shall  forfeit  to  the  Company  treble  the  damages  sustained,  and  shall  be  liable 
to  indictment. 

Sect.  14  provides,  if  said  railroad  cross  any  private  way,  that  it  shall  not  obstruct 
the  same  ;  it  requires  the  Company  to  build  a  fence  on  each  side  of  the  road. 

Sect.  15  reserves  to  the  State  the  power,  after  fifty  years  from  the  opening  of  the 
road,  to  purchase  the  same  and  all  the  Company's  property,  by  paying  its  cost 
and  a  sum,  with  the  net  profits,  equal  to  12  per  cent,  per  annum  thereon. 
65 


770   NORWICH  AND   HARTFORD   FORWARDING    RAILROAD    COMPANY. 

Sect.  16  authorizes  the  Directors  to  prescribe  the  time  and  mode  of  paying  sub- 
scriptions to  the  stock,  under  penalty  of  forfeiture  of  previous  payments. 

Sect.  17  provides  that  the  Commissioners  may  regulate  the  sum  to  be  paid  on  each 
share,  at  the  time  of  subscribing,  and  shall  distribute  the  stock,  if  more  than 
$30,000  be  subscribed  for. 

Sect.  18  provides  that  this  Act  shall  take  effect  immediately. 


Laws  of  1836,  No.  39. 
An  Act  to  incorporate  the  Norwich  and  Hartford  Forwarding  Railroad  Company. 

Sect.  1.  It  is  hereby  enacted,  i^c.  That  Stephen  Underwood, 
Ira  Goodall,  Simeon  Lyman,  and  associates  witli  them  for  that 
purpose,  be,  and  hereby  are  constituted  a  body  politic  and  corpo- 
rate, by  the  name  of  the  Norwich  and  Hartford  Forwarding  Rail- 
road Company,  wath  the  right  and  power  to  construct  a  single, 
double,  or  treble  railroad,  from  the  commencement  of  the  fall  in 
Norwich,  below  Hanover  bridge  on  Connecticut  River,  to  Lyman's 
bridge  in  Hartford,  in  the  State  of  Vermont,  as  shall  be  adjudged 
expedient  by  said  corporation ;  to  transport,  take,  and  carry  per- 
sons and  property  upon  the  same,  by  power  and  force  of  steam,  ani- 
mals, or  of  mechanical  or  other  power,  or  by  combination  of  them, 
Avhich  said  company  may  choose  to  employ ;  and  by  that  name, 
they,  and  their  successors,  shall  be,  and  are,  hereby,  vested  with 
the  power,  right  and  privilege  of  constructing,  making,  building, 
and  using,  a  single,  double,  or  treble  railroad,  for  the  purpose  afore- 
said ;  and  may  have  succession,  and  shall  by  that  name  in  law  be 
capable  of  suing  and  being  sued,  of  pleading  and  being  impleaded, 
in  all  courts  of  law  and  equity,  and  in  all  manner  of  actions  ;  and 
that  they  and  their  successors  may  have  a  common  seal,  and  may 
change  the  same  at  pleasure,  and  by  a  vote  of  said  corporation, 
may  have  power,  under  said  common  seal,  to  make  and  execute 
any  agreement,  deed,  conveyance,  or  other  instrument  in  writing, 
in  relation  to  their  affairs,  which  may  be  necessary. 

Sect.  2.  That  if  the  corporation,  hereby  created,  shall  not, 
within  four  years  from  the  passage  of  this  Act,  commence  the  con- 
struction of  said  railroad,  and  expend,  at  least,  the  sum  of  two 
thousand  dollars  thereon ;  and  shall  not,  within  ten  years  from 
the  passage  of  this  Act,  construct,  finish,  and  put  in  operation  the 
single,  double,  or  treble  railroad,  then  the  said  corporation  shall 
thenceforth  forever  cease,  and  this  Act  shall  be  null  and  void. 


VERMONT.  771 

Sect.  3.  That  the  capital  stock  of  said  company  shall  be  thirty 
thousand  dollars;  the  company  to  be  authorized  to  increase  that 
capital  to  such  an  amount  as  shall  be  necessary  to  complete  said 
railroad,  and  furnish  the  carriages  to  run  thereon :  Provided,  said 
increase  shall  not  exceed  fifty  thousand  dollars ;  which  shall  be 
divided  into  shares  of  one  thousand  dollars  each,  which  shall  be 
deemed  personal  property,  and  attachable  by  due  process  of  law, 
a  copy  of  which,  duly  certified  by  the  ofiicer  serving  the  same,  and 
lodged  with  the  secretary  of  said  company,  shall  be  holden  to  sat- 
isfy the  judgment  which  may  be  recovered  in  said  case,  and  trans- 
ferable as  their  by-laws  direct. 

Sect.  4.  That  Lewis  Lyman,  Billy  Gilbert,  Lucius  W.  Tilden, 
and  Stephen  Underwood,  shall  be  commissioners,  the  duty  of 
whom,  or  a  majority  of  them,  it  shall  be,  at  some  suitable  place  in 
the  town  of  Norwich  or  Hartford,  and  such  other  places  as  said 
commissioners  may  think  proper,  to  open  books  to  receive  sub- 
scriptions to  the  capital  stock  of  said  corporation,  and  at  least 
thirty  days'  public  notice  shall  be  given  by  the  said  commissioners 
of  the  time  and  place  of  the  opening  of  such  books,  in  the  pub- 
lic newspapers  printed  in  the  vicinity  of  the  contemplated  railroad, 
and  when  the  same  shall  be  subscribed,  said  commissioners  shall 
give  a  like  notice  for  a  meeting  of  the  stockholders,  at  such  time 
and  place  as  said  commissioners,  or  a  majority  of  them,  shall 
appoint,  to  choose  three  directors  ;  and  such  election  shall  then 
and  there  be  made,  by  such  of  the  stockholders  as  shall  attend  for 
that  purpose,  either  in  person  or  by  lawful  proxy,  each  share  of 
the  capital  stock  entitling  the  stockholder  to  one  vote.  And  the  said 
commissioners  shall  be  inspectors  of  the  first  election  of  the  directors 
of  the  said  corporation,  and  shall  certify  under  their  hands  the 
names  of  those  duly  elected,  and  deliver  over  the  subscription  books, 
moneys,  and  property  of  said  corporation,  to  the  said  directors ; 
and  the  time  and  place  of  holding  the  first  meeting  of  the  directors 
shall  be  fixed  by  the  said  commissioners ;  and  a  new  election  shall 
be  made  annually,  at  such  time  and  place  as  the  board  of  direct- 
ors shall  appoint,  giving  twenty  days'  notice  of  the  time  and  place 
of  meeting  for  said  purpose,  by  publication  in  the  papers  afore- 
said, which  election  shall  be  held  in  the  State  of  Vermont.  And 
the  directors  shall  have  power  to  appoint  an  engineer,  or  engi- 
neers, and  cause  such  examination  and  surveys  for  said  railroad 
to  be  made,  as  may  be  necessary  to  the  selection  by  them,  of  the 
most  advantageous  line,  course,  or  way,  for  safd  road.     And  the 


772  NORWICH  AND   HARTFORD   FORWARDING  RAILROAD   COMPANY. 

said  directors,  or  a  majority  of  them,  shall,  after  such  examina- 
tions and  survey  shall  be  made,  select,  and  by  two  certificates 
mider  their,  or  a  majority  of  their  hands  and  seals,  designate  the 
line,  course,  or  way,  which  they  may  deem  the  most  advantageous 
for  said  railroad  ;  one  of  which  certificates  shall  be  filed  and 
recorded  in  theofiice  of  the  town  clerk  in  each  of  the  towns  through 
which  the  said  road  passes  ;  which  shall  be  deemed  the  line,  course, 
or  v/ay  on  which  said  corporation  shall  construct,  make,  or  build, 
their  single,  double,  or  treble  railroad,  as  hereafter  mentioned;  and 
it  shall  be  lawful  for  said  corporation,  if  they  shall  think  proper, 
to  make  any  alteration,  from  time  to  time,  which  said  alterations 
shall  be  recorded  as  aforesaid  ;  the  expenses  of  all  which  surveys, 
and  all  incidental  expenses  relating  thereto,  shall  be  paid  by  said 
corporation. 

Sect.  5.  That  the  said  directors  to  be  chosen  at  such  meeting, 
or  annual  meeting,  shall,  as  soon  as  may  be,  after  every  election, 
choose  out  of  their  own  number,  one  president,  and  one  vice-presi- 
dent ;  in  the  case  of  the  death,  resignation,  or  absence  of  the  pre- 
sident, the  vice  president  shall  preside  until  the  next  annual  elec- 
tion thereafter,  or  until  another  president  shall  be  chosen ;  and  in 
case  of  the  death  or  resignation  of  the  president  or  vice  president, 
or  of  any  director,  such  vacancy  or  vacancies  may  be  filled,  for 
the  remainder  of  the  year  wherein  they  may  happen,  by  the  board 
of  directors  ;  and  in  case  of  the  absence  of  the  president,  the  board 
of  directors  shall  have  power  to  appoint  a  president  joro  tempore, 
Avho  shall  have  and  exercise  such  powers  and  functions  as  the  by- 
laws of  said  corporation  may  provide. 

Sect.  6,  That  in  case  it  should,  at  any  time,  happen  that  an 
election  of  directors  shall  not  be  made  on  any  day,  when  pursuant 
to  this  Act  it  ought  to  have  been  made,  the  said  corporation  shall 
not,  for  that  cause,  be  deemed  to  be  dissolved,  but  such  election 
may  be  held  at  any  other  time,  directed  by  the  by-laws  of  said  cor- 
poration. 

Sect.  7,  That  five  directors  of  said  corporation  shall  form  a 
board,  and  they,  or  a  majority  of  them,  shall  be  competent  to  trans- 
act all  the  business  of  the  said  corporation  ;  and  they  shall  have 
full  power  to  make  and  prescribe  such  by-laws,  rules,  and  reg- 
ulations, as  to  them  shall  appear  needful  and  proper,  touching 
the  management  and  disposition  of  the  stock,  property,  and  efiects 
of  the  said  corporation,  the  transfer  of  the  shares,  the  duty  and  con- 
duct  of  their  officers    and    servants,    and  election   of  directors, 


VERMONT.  773 

and  all  other  matters  whatsoever,  which  may  appertain  to  the  con- 
cerns of  the  said  corporation  ;  and  also  shall  have  power  to  appoint 
a  secretary,  and  as  many  clerks,  who  shall  be  sworn  to  the  faith- 
ful discharge  of  their  duties,  and  a  treasurer,  who  shall  give  bonds 
to  the  satisfaction  of  the  corporation,  in  a  sum  not  less  than  twenty 
thousand  dollars,  for  the  faithful  discharge  of  his  trust,  and  servants, 
as  to  them  shall  seem  proper,  and  to  establish  and  fix  such  salaries 
and  allowances  to  them,  and  also  to  the  president  and  vice  president, 
as  to  the  said  board  of  directors  shall  appear  proper.  And  the 
said  corporation  are  hereby  authorized,  by  their  agents,  surveyors, 
and  engineers,  to  enter  upon  such  route,  place,  and  places,  to  be  desig- 
nated as  aforesaid  by  the  said  directors,  as  the  line,  course,  road, 
or  way,  whereon  to  construct  their  single,  double,  or  treble  railroad ; 
and  it  shall  be  lawful  for  said  corporation  to  enter  upon  and  take 
possession  of,  and  use  all  such  lands,  and  real  estate,  as  may  be 
indispensable  for  the  construction  and  maintenance  of  their  sin- 
gle, double,  or  treble  railroad,  and  the  accommodation  requisite 
and  appertaining  to  them  ;  and  may  also  receive,  hold,  and  take 
all  such  voluntary  grants  and  donations  of  lands,  and  real  estate 
as  shall  be  made  to  the  said  corporation,  to  aid  in  the  construc- 
tion, maintenance,  and  accommodation  of  the  said  single,  double, 
or  treble  railroad  :  Provided^  that  all  lands  and  real  estate  entered 
and  taken  possession  of,  and  used  by  said  corporation,  and  which 
are  not  donations,  shall  be  purchased  by  said  corporation,  and 
of  the  owner  or  owners  of  the  same,  at  a  price  to  be  mutually 
agreed  upon  between  them ;  and  in  case  of  a  disagreement  of 
price,  and  before  the  making  any  part  of  the  road  npon  said  land, 
it  shall  be  the  duty  of  the  judges  of  the  supreme  court,  on  appli- 
cation of  the  directors  of  said  corporation,  to  appoint  three  com- 
missioners, who  shall  be  persons  not  interested  in  the  matters  to 
be  determined  by  them,  to  determine  the  damages  which  the  own- 
er, or  owners  of  the  land  or  real  estate,  so  entered  upon  by  said 
corporation,  may  have  sustained,  or  shall  be  likely  to  sustain,  by 
the  occupation  of  the  same;  and  upon  payment  of  such  damages, 
together  with  the  costs  and  charges  attending  the  appraisement,  by 
the  said  corporation,  and  the  said  commissioners  being  allowed 
three  dollars  each,  per  day,  while  thus  employed  ;  or,  upon  said 
corporation  depositing  in  the  bank  of  Windsor  County  the  amount 
of  such  damages,  together  with  the  costs  and  charges  aforesaid,  to 
the  credit  of  the  person  or  persons  to  whom  the  commissioners  may 
have  awarded  them,  the  proper  officers  of  said  bank  giving  notice 

65  * 


774  NORWICH  AND   HARTFORD   FORWARDING  RAILROAD   COMPANY. 

to  such  person  or  persons,  by  letter,  or  otherwise,  of  such  deposit 
being  made  by  said  corporation  ;  then  the  said  corporation  shall  be 
deemed  to  be  seised  and  possessed  of  all  snch  lands  or  real  estate, 
as  shall  have  been  so  appraised  by  said  commissioners.  And  it 
shall  be  the  duty  of  said  commissioners  to  give  fifteen  days'  notice 
of  the  time  and  place  of  such  appraisement,  to  be  given  to  the 
occupants  or  owners  of  the  land  to  be  appraised ;  and  after  such 
appraisement,  to  deliver  to  said  corporation  a  written  statement  of 
the  award  or  awards  they  shall  make,  with  a  description  of  the 
land  or  real  estate  appraised,  which  shall  be  recorded  by  such  cor- 
poration, within  sixty  days,  in  the  office  of  the  town  clerk  where 
said  land  lies ;  and  in  case  any  owner  or  owners  of  the  land  or 
real  estate  taken  by  said  corporation,  shall  be  married  women,  in- 
fants, idiots,  or  insane,  or  shall  reside  out  of  this  State,  then,  and 
in  such  case,  said  corporation  shall  cause  the  damages  sustained 
by  such  owners  to  be  determined  in  the  manner  above  pre- 
scribed, and  shall  pay  the  amount  of  such  last  mentioned  dama- 
ges, to  the  said  last  mentioned  owners  respectively,  whenever  the 
same  shall  be  lawfully  demanded,  together  w^ith  the  interest,  at 
the  rate  of  six  per  cent,  per  annum;  which  said  amount  and 
interest,  shall  be  a  specific  lien  on  the  real  estate  of  said  corpora- 
tion, and  shall  have  a  preference  to  any  other  demand  against  said 
corporation. 

Sect.  S.  That  should  the  corporation,  or  the  owner  of  any  real 
estate,  land,  or  materials,  feel  themselves  aggrieved  by  the  decision 
of  the  commissioners  aforesaid,  either  party  may,  within  ninety 
days  from  the  making  such  decision,  and  notice  thereof,  or  from 
the  removal  of  the  disabilities  in  the  preceding  section  mentioned, 
or  from  the  return  of  such  non-resident  to  this  State,  appeal  to  the  * 
county  court,  in  the  county  where  such  lands  or  other  property  lie ; 
and  the  decision  of  said  court  shall  be  final  and  conclusive,  and 
said  court  shall  tax  costs  for  or  against  either  party,  as  shall,  by 
said  court,  be  deemed  just  and  equitable. 

Sect.  9.  That  the  said  corporation  is,  hereby,  authorized  to  con- 
struct, erect,  build,  make,  and  use,  a  single,  double,  or  treble  rail- 
road or  way,  of  any  suitable  width  or  dimensions,  to  be  determined 
by  said  corporation,  in  the  line,  course,  or  way  designated  by  the 
directors,  as  aforesaid,  as  the  line,  course,  or  way,  whereon  to 
construct,  erect,  build,  and  make  the  same. 

Sect.  10.  That  a  toll  be.  and  hereby  is,  granted  and  established 
for  the  sole  benefit  of  said  corporation,  upon  all  passengers  and 


VERMONT.  775 

property,  of  all  descriptions,  which  may  be  conveyed  or  transported 
upon  such  road,  at  such  rates  as  may  be  agreed  upon  and  estab- 
lished from  time  to  time,  by  the  directors  of  said  corporation  ; 
the  transportation  of  persons  and  property,  the  construction  of 
Avheels,  the  form  of  cars  and  carriages,  the  weight  of  loads,  and 
all  other  things  and  matters  in  relation  to  said  road,  shall  be  in 
conformity  to  such  rules,  regulations,  and  provisions  as  the  direct- 
ors, from  time  to  time,  shall  prescribe  and  direct :  Provided^  hoio- 
ever,  That  the  supreme  court,  at  any  stated  session  thereof,  to 
be  holden  in  the  county  of  Windsor,  on  application  of  any  ten  free- 
holders of  any  town,  or  towns,  through  which  said  road  may  pass, 
may  alter  or  establish  the  rate,  or  rates  of  toll,  and  proceeds  of 
transportation,  upon  said  road,  for  a  term  of  time,  not  exceeding 
ten  years  at  any  one  time,  and  in  such  a  manner,  that  said  cor- 
poration shall  not  receive  less  than  twelve  per  centum  per  annum, 
on  the  amount  of  capital  stock  of  said  corporation,  for  the  first 
twenty  years  after  the  said  corporation  shall  commence  taking  toll 
on  said  road,  and  in  such  a  manner  that  said  corporation  shall  not 
receive  less  than  six  per  centum  per  annum  on  the  amount  of  cap- 
ital stock,  together  with  all  charges  and  expenses,  thereafter. 

Sect.  11.  That  the  directors  of  said  corporation,  for  the  time 
being,  are  hereby  authorized  to  erect  toll-houses,  establish  gates, 
appoint  toll-gatherers,  and  demand  toll  upon  the  said  road,  when 
completed,  and  upon  such  part  or  parts  thereof  as  shall,  from  time 
to  time,  be  completed ;  and  said  corporation  shall  keep  just  and 
true  books  and  accounts  of  all  expenditures  by  them  made,  in  con- 
structing and  keeping  in  repair  said  road,  and  also  of  the  moneys 
and  tolls  received  thereon,  which  books  and  accounts  shall,  at  all 
times,  be  open  to  the  inspection  of  any  committee  of  the  legislature 
or  the  supreme  court ;  any  such  committee  shall  have  full  power  to 
examine  any  of  the  officers  of  said  corporation,  under  oath,  touch- 
ing the  receipts  and  expenditures  of  said  corporation. 

Sect.  12.  That  the  said  corporation  shall  keep  constantly  exposed 
to  view,  at  all  places  where  they  shall  have  toll  houses,  or  gates, 
and  all  public  places  where  they  shall  receive  passengers,  or 
freight,  a  sign  or  hand-bill,  with  the  rates  of  toll,  or  charge,  legibly 
written  or  painted  thereon. 

Sect.  13.  If  any  person  or  persons  shall  wilfully  do,  or  cause  to 
be  done,  any  act  or  acts  whatsoever,  whereby  any  buildings,  con- 
struction or  work  of  said  corporation,  or  any  engine,  machine,  or 
structure,  or  any  matter  or  thing  appertaining  to  the  same,  shall  be 


776   NORWICH   AND   HARTFORD   FORWARDING   RAILROAD    COMPANY. 

Stopped,  obstructed,  impaired,  weakened,  injured  or  destroyed,  the 
person  or  persons,  so  offending,  sliall  forfeit  and  pay  to  the  said  cor- 
poration, treble  tlie  amount  of  the  damages  sustained  by  means  of 
such  offence  or  injury,  to  be  recovered  in  the  name  of  said  corpora- 
tion, in  an  action  of  debt,  with  costs  of  suit,  before  any  court 
proper  to  try  the  same.  And  such  offender  or  oflenders  shall  be 
liable  to  indictment,  by  the  grand  inquest  for  the  county  of  Wind- 
sor, for  any  offence  or  offences,  contrary  to  the  above  provisions, 
and  on  conviction  thereof  before  any  county  court  to  be  holden 
in  said  county  of  Windsor,  shall  pay  a  fine,  not  exceeding  one 
hundred  dollars,  to  the  use  of  the  State. 

Sect.  14.  That  if  the  said  railroad,  in  the  course  thereof,  shall 
cross  any  private  way,  the  corporation  shall  so  construct  said 
road  as  not  to  obstruct  the  safe  and  convenient  use  of  such 
private  way ;  and  if  said  road  be  not  so  constructed,  the  party 
aggrieved  shall  be  entitled  to  his  action  on  the  case,  in  any  court 
proper  to  try  the  same,  and  shall  recover  his  reasonable  damages 
for  such  injury.  And  the  said  corporation  shall  erect  and  main- 
tain a  sufficient  fence  upon  each  side  of  said  road,  throughout  the 
whole  route  thereof  Provided  nevertheless^  that  nothmg  in  this 
Act  shall  be  construed  to  prevent  the  crossing  the  said  road  or 
ways,  with  teams  or  otherwise,  in  any  such  manner  as  shall  be 
calculated  not  to  injure  the  same. 

Sect.  15.  That  it  shall  be  in  the  power  of  the  legislature  of  this 
State,  at  any  time  during  the  continuance  of  this  Act,  after  the 
expiration  of  fifty  years  from  the  opening  for  use  of  the  railroad, 
herein  provided  to  be  made,  and  not  before,  to  purchase  of  said 
corporation  the  said  railroad,  and  all  the  franchise,  property,  rights, 
and  privileges,  by  paying  them  therefor  the  amount  expended  in 
making  the  said  railroad,  and  the  expenses  of  repairs,  and  all 
other  expenses  relating  thereto.  And  in  case,  at  the  time  of 
said  purchase,  the  said  corporation  shall  not  have  received  an 
income  equal  to  twelve  per  centum  per  annum  on  the  original  cost, 
over  and  above  the  charges  for  repairs  and  expenditures,  and  all 
other  expenses  relating  thereto,  the  legislature  are  to  pay  the  said 
corporation  such  additional  sum  as,  together  with  the  tolls  and 
profits  of  every  kind  which  they  shall  have  received  from  the  said 
railroad,  will  be  equal  to  twelve  per  centum  per  annum  on  the 
cost  of  said  railroad,  from  the  date  of  the  payment  thereof  by 
the  stockholders  of  said  corporation  to  the  time  of  such  purchase. 

Sect.  16.  That  it  shall  be  lawful  for  the  directorSj  or  a  majority 


VERMONT.  777 

of  them,  to  require  payment  of  the  sums  to  be  subscribed  to  the 
capital  stock,  at  such  times,  and  in  such  proportion,  and  on  such 
condition,  as  they,  or  a  majority  of  them,  shall  deem  fit,  under  the 
penalty  of  forfeiture  of  all  previous  payments  thereon;  and  shall 
give  notice  of  the  payments  thus  required,  and  of  the  time  and 
place  where  the  same  are  to  be  paid,  at  least  thirty  days  previous 
to  the  payment  of  the  same,  in  the  public  newspapers  printed  in 
the  county  of  Windsor. 

Sect.  IT.  That  the  commissioners,  named  in  the  fourth  section 
of  this  Act,  may  make  such  regulations,  and  require  such  sums  paid 
on  each  share,  at  the  time  of  the  subscription  thereof,  as  to  them 
shall  seem  proper ;  and  in  case  a  greater  amount  of  capital  stock 
shall  be  subscribed  for  than  the  sum  of  thirty  thousand  dollars,  the 
commissioners  shall  distribute  the  stock  in  such  manner  as  they 
shall  deem  equitable  and  just. 

Sect.  18.  That  this  Act  shall  take  effect  immediately  after  the 
passage  thereof.         Approved,  Nov.  14,  1836. 


LAKE  CHA^klPLMN  AND   OTTER  CREEK  RAILROAD   COMPANY. 

INCORPORATED    IN    VERMONT    IN    1838. 

No.  6  of  the  Private  Acts  of  1838  contains  the  Charter. 

Sect.  1  grants  corporate  powers  for  the  term  of  fifty  years,  with,  the  right  to  con- 
struct a  railroad  on  the  route  described,  and  transport  persons  and  property 
thereon. 

Sect.  2  provides,  if,  within  three  years  herefrom,  they  do  not  commence  the  construc- 
tion of  said  road,  and  expend  $15,000  thereon,  and  within  six  years  complete  it 
and  put  it  in.  operation,  that  this  Act  shall  be  void. 

Sect.  3  fixes  the  capital  stock  at  $150,000,  with  power  to  increase  it  to  $300,000,  in 
shares  of  $100  each. 

Sect.  4  appoints  Commissioners,  who  shall  open  books  for  receiving  subscriptions  to 
the  stock,  and  when  it  is  subscribed,  shall  call  a  meeting  of  stockholders  for  choice 
of  Dhectors,  preside  at  the  election,  and  decide  who  are  chosen ;  the  Directors 
may  cause  surveys  to  be  made,  and  shall  designate  the  route  of  the  road. 

Sect.  5  provides  that  the  Directors  shall  choose  a  President  and  Vice-President,  and 
may  fill  vacancies  occurring. 

Sect.  6  authorizes  the  election  of  Dii-ectors  to  be  held  on  a  day  subsequent  to 
that  appointed,  if  necessary. 

Sect.  7  defines  the  powers  and  duties  of  the  Directors ;  it  authorizes  the  Corpora- 
tion to  enter  upon  and  take  lands  necessary  for  the  road,  by  paying  damages,  if 
not  agreed,  to  be  assessed  as  therein  provided. 


778     LAKE   CHAMPLAIN   AND    OTTER   CREEK   RAILROAD    COMPANY. 

Sect.  8  gives  to  either  party  the  right  of  appeal  from  such  assessment,  to  the  County 
Court,  -whose  decision  shall  be  final. 

Sect.  9  authorizes  the  Company  to  build  said  road  on  the  route  described,  and  to 
regulate  the  mode  of  transportation  thereon. 

Sect,  10  provides  that  said  road  may  intersect  or  cross  any  watercourse  or  highway, 
if  the  same  is  properly  restored. 

Sect,  11  authorizes  the  Company  to  establish  rates  of  toll,  subject  to  revision  by  the 
Supreme  Court. 

Sect.  12  provides,  if  any  person  wilfully  injure  said  railroad  or  appurtenances,  that 
he  shall  forfeit  to  the  Company  double  the  damages  sustained. 

Sect.  13  authorizes  the  Directors  to  prescribe  the  time  and  mode  of  paying  assess- 
ments on  shares,  subject  to  the  penalty  of  forfeiture  of  previous  payments. 

Sect.  U  provides  that  the  Commissioners  named  iif  Section  4,  shall  require  $5  to  be 
paid  on  each  share,  at  the  time  of  subscribing;  if  more  than  $150,000  be  sub- 
scribed, they  shall  distribute  the  stock  equitably. 

Sect.  15  requires  the  Clerk's  office  to  be  kept  in  this  State,  and  in  some  town  through 
which  the  railroad  may  pass. 

Sect,  16  provides  that  this  Act  shall  take  effect  immediately. 

Sect.  17  reserves  to  the  Legislature  the  power  to  amend  or  repeal  tliis  Act. 


Laavs  of  1838,  No.  6. 

An.  Act  to  incorporate  the  Lake  Champlain  and  Otter  Creek  Railroad. 

Sect.  1  Tf  h  hprp.hy  pnaricd  i$'r  That  AH  Dana,  Nathan  T. 
Sprague,  John  A.  Conant,  E.  N.  Briggs,  Thomas  D.  Hammond, 
Joseph  Simonds,  and  Davis  Rich,  with  such  other  persons  as  shall 
associate  with  them  for  that  purpose,  are  hereby  constituted  a 
body  poUtic  and  corporate,  by  the  name  of  the  Lake  Champlain 
and  Otter  Creek  Railroad  Company,  with  the  exclusive  right  and 
power  to  construct  a  single  or  double  railroad,  or  ways  between 
the  village  of  Brandon  and  Lake  Champlain,  together  with  a 
connecting  railroad  or  ways  from  some  point  on  said  route  from 
Brandon  to  Lake  Champlain,  through  the  intervening  towns,  to 
the  village  of  Middlebury ;  to  transport,  take,  and  carry,  property 
and  persons  upon  the  same,  by  the  power  and  force  of  steam,  of 
animals,  or  of  other  mechanical,  or  other  agency,  or  of  any  com- 
bination of  them,  which  the  said  company  may  choose  to  employ  ; 
and  by  that  name,  they  and  their  successors  shall  be,  and  they  are 
hereby,  vested  with  the  sole  and  exclusive  right  and  privilege  of 
constructing,  erecting,  building,  making,  and  using,  a  single  or 
double  railroad  or  ways,  for  the  purposes  aforesaid  ;  and  for  the 
term  of  fifty  years  may  have  succession,  and  shall  be  persons  in 
law,  capable  of  suing  and  being  sued,  of  pleading  and  being  im- 


VEKMONT.  779 

pleaded,  in  all  courts  of  law  and  equity,  and  in  all  manner  of 
actions,  and  they  and  their  successors  may  have  a  common  seal, 
and  may  change  and  alter  the  same  at  pleasure. 

Sect.  2.  If  the  corporation,  hereby  created,  shall  not,  within  three 
years  from  the  passing  of  this  Act,  commence  the  construction  of 
said  railroad  or  way,  and  expend,  the  sum  of  fifteen  thousand 
dollars  at  least,  thereon,  and  shall  not,  within  six  years  from  the 
passing  of  this  Act,  construct,  finish,  and  put  in  operation,  the  said 
single  or  doable  railroad  or  way,  then  the  said  corporation  shall, 
thenceforth,  forever  cease,  and  this  Act  shall  be  null  and  void. 

Sect.  3.  The  capital  stock  of  said  company  shall  be  one  hundred 
and  fifty  thousand  dollars;  and  the  said  company  are  authorized 
to  increase  that  capital  to  such  an  amount  as  may  be  necessary  to 
complete  said  road  or  way,  and  to  furnish  the  carriages  to  run 
thereon :  Provided^  that  such  increase  shall  not  exceed  three  hun- 
dred thousand  dollars;  which  shall  be  divided  into  shares  of  one 
hundred  dollars  each,  which  shall  be  deemed  personal  property, 
and  transferable  in  such  manner  as  said  corporation  shall  by  by- 
laws direct. 

Sect.  4.  A.  G.  Dana,  Nathan  T.  Sprague,  John  A.  Conant,  E.  N. 
Briggs,  Thomas  D.  Hammond,  Joseph  Simonds,  and  Davis  Rich, 
shall  be  commissioners,  the  duty  of  whom,  or  a  majority  of  whom, 
it  shall  be,  within  one  year  after  the  passing  of  this  Act,  at  some 
suitable  places  in  Brandon  and  Middlebury,  and  such  other  places 
as  they  may  deem  proper,  to  open  books  to  receive  subscriptions 
to  the  capital  stock  of  the  said  corporation ;  and  twenty  days' 
public  notice  shall  be  given  by  the  said  commissioners,  of  the  time 
and  place  of  the  opening  of  such  books,  in  one  of  the  public  news- 
papers in  each  of  said  places;  and  as  soon  as  the  same  shall  be 
subscribed,  to  give  a  like  notice  for  a  meeting  of  the  stockholders, 
at  such  time  and  place  as  the  said  commissioners  or  a  majority  of 
them  shall  appoint,  to  choose  nine  directors ;  and  such  election 
shall  then  and  there  be  made,  by  such  of  the  stockholders  as  shall 
attend  for  that  purpose,  either  in  person  or  by  lawful  proxy, 
each  share  of  the  capital  stock  entitling  a  stockholder  to  one  vote; 
and  the  said  commissioners  shall  be  inspectors  of  the  first  election  of 
directors  of  said  corporation,  and  shall  certify  under  their  hands  the 
names  of  those  duly  elected,  and  deliver  over  the  subscription  books 
to  the  said  directors ;  and  the  time  and  place  of  holding  the  first 
meeting  of  directors  shall  be  fixed  by  the  said  commissioners,  and  a 
new  election  shall  be  made,  annually,  at  such  time  and  place  as 


780     LAKE   CHAMPLAIN  AND   OTTER  CREEK  RAILROAD   COMPANY.  I 

the  board  of  directors  shall  appoint,  giving  twenty  days'  notice  of 
the  time  and  place  of  meeting  for  said  purpose;  by  publication  in  a 
newspaper  printed  in  Brandon  or  Middlebury.  And  the  said  direct- 
ors shall  have  power  to  appoint  an  engineer,  and  to  cause  such 
examinations  and  surveys  for  the  said  railroad  to  be  made,  as  may 
be  necessary  to  the  selection  by  them  or  a  majority  of  them,  of  the 
most  advantageous  line,  course,  or  way,  for  the  said  road,  from  the 
village  of  Brandon  to  Lake  Champlain,  and  for  the  said  connect- 
ing road  from  some  point  in  such  route  through  the  intervening  j 
towns  to  the  village  of  Middlebury.  And  the  said  directors  or  a  m 
majority  of  them,  shall,  after  such  examinations  and  surveys  shall 
be  made,  select,  and,  by  certificates  under  their  or  a  majority  of 
their  hands  and  seals,  designate  the  line,  course,  or  way,  which 
they  or  a  majority  of  them  may  deem  most  advantageous  for  the 
location  of  the  said  railroad;  one  of  which  certificates  shall  be 
recorded  in  the  office  of  the  town  clerk,  in  each  of  the  towns 
through  which  said  route  or  line  may  pass;  which  [shall  be  the]  line, 
course,  or  way,  on  which  the  said  corporation  shall  construct,  erect, 
build,  or  make,  their  single  or  double  railroad  or  way,  as  hereinafter 
mentioned ;  the  expenses  of  all  which  surveys  and  examinations 
and  all  manner  of  incidental  expenses  thereto,  shall  be  paid  by  the 
said  corporation. 

Sect.  5.  The  said  directors  to  be  chosen  at  such  meeting,  or  at 
such  annual  election,  shall,  as  soon  as  may  be  after  every  election, 
choose  out  of  their  own  number,  one  president  and  one  vice-presi- 
dent;  and,  in  case  of  the  death,  resignation,  or  absence  of  the 
president,  the  vice-president  shall  preside  until  the  next  annual 
election  thereafter,  or  until  another  president  shall  be  chosen  ;  and 
in  case  of  the  death  or  resignation,  or  other  permanent  removal  of 
the  president,  or  of  the  vice-president,  or  of  any  director,  such 
vacancy  or  vacancies  may  be  filled  for  the  remainder  of  the  year 
wherein  they  may  happen,  by  the  board  of  directors:  and  in  case 
of  the  absence  of  the  president,  the  board  of  directors  shall  have 
power  to  appoint  a  president  pro  tempore,  who  shall  have  and 
exercise  such  powers  and  functions  as  the  by-laws  of  the  said  cor- 
poration shall  ordain. 

Sect.  6.  In  case  it  should  at  any  time  happen  that  an  election 
of  directors  should  not  be  made  on  any  day  when,  pursuant  to  this 
Act,  it  ought  to  be  made,  the  said  corporation  shall  not,  for  that 
cause,  be  deemed  to  be  dissolved ;  but  such  election  may  be  held 
at  any  other  time  directed  by  the  by-laws  of  said  corporation. 


VERMONT.  "  781 

Sect.  7.  Seven  directors  shall  form  a  board,  and  they  or  a  ma- 
jority of  them  shall  be  competent  to  transact  all  the  business  of  said 
corporation  ;  and  they  shall  have  full  power  to  make  and  prescribe 
such  by-laws,  rules,  and  regulations,  as  to  them  shall  appear  need- 
ful and  proper,  touching  the  management  and  disposition  of  the 
stock,  property,  estate,  and  effects  of  the  said  corporation,  the 
transfer  of  shares,  the  duties  and  conduct  of  their  officers  and  ser- 
vants, the  election  of  directors,  and  all  other  matters  v/hatsoever 
which  may  appertain  to  the  concerns  of  the  said  corporation,  and 
also  shall  have  power  to  appoint  a  secretary,  and  as  many  clerks 
and  servants  as  they  may  judge  expedient  and  proper;  and  to 
establish  and  fix  such  salaries  and  allowaces  to  them,  and  also 
to  the  offices  of  president  and  vice-president,  as  they  may  think 
proper.  And  said  corporation  are  hereby  authorized,  by  their 
agents,  surveyors,  and  engineers,  to  enter  upon  such  route,  place, 
or  places,  to  be  designated  as  aforesaid  by  the  said  directors,  as 
the  line  or  course  whereon  to  construct  their  said  railroad  or  way ; 
and  it  shall  be  lawful  for  the  said  corporation  to  enter  upon  and 
take  possession  of,  and  use,  all  such  lands  and  real  estate  as  may 
be  necessary  for  the  construction  and  maintenance  of  their  said 
railroad  or  way,  and  the  accommodation  requisite  and  appertain- 
ing to  the  same ;  and  may  also  receive,  take,  and  hold,  all  such 
voluntary  grants  and  donations  of  land  and  real  estate  as  may  be 
made  to  the  said  corporation,  to  aid  in  and  further  the  construc- 
tion, maintenance,  and  accommodation  of  the  said  railroad  or  way  : 
Provided,  that  all  lands  or  real  estate  thus  entered,  and  taken  pos- 
session of  and  used  by  the  said  corporation,  (which  are  not  dona- 
tions or  grants,)  shall  be  purchased  by  the  said  corporation  from 
the  owner  or  owners  of  the  same,  at  a  price  to  be  mutually  agreed 
on  between  them;  or  in  case  of  a  disagreement  as  to  price,  and 
before  the  making  of  any  portion  of  the  said  road  upon  said  land 
in  regard  to  which  the  said  disagreement  as  to  price  is  had,  it  shall 
be  the  duty  of  the  judges  of  the  supreme  court  of  this  State,  or  one 
of  them,  to  appoint  three  commissioners,  one  of  whom  shall  be  a 
resident  of  the  county  of  Rutland,  who  shall  be  persons  not  inter- 
ested in  the  matter  to  be  determined  by  them,  to  estimate  and 
assess  the  damages,  if  any,  which  the  owner  or  owners  of  the  said 
land  or  real  estate  shall  be  likely  to  sustain  by  the  occupation  and 
use  of  the  same  by  the  said  corporation;  and  upon  the  payment  so 
estimated,  appraised,  and  assessed,  together  with  the  costs  and 
charges  attending  sitch  appraisement,  by  the  said  corporation,  the 

66 


782     LAKE   CHAMPLAIX   AND    OTTER   CREEK    RAILROAD    COMPANY. 

said  commissioners  being  allowed  three  dollars  each  per  diem, 
while  thus  employed,  or  upon  said  corporation  depositing  in  the 
Farmers'  Bank,  in  Orwell,  the  amount  of  such  appraisement, 
lof^ether  Avith  the  costs  and  char2;es  aforesaid,  to  the  credit  of  the 
person  or  persons  owning  such  land  as  aforesaid,  the  proper  officer 
of  said  bank  giving  notice  to  such  person  or  persons,  by  letter,  of 
such  deposit  being  made  by  said  corporation,  then  the  said  corpo- 
ration shall  be  deemed  to  be  seised  and  possessed  of  all  such  lands 
or  real  estate,  as  shall  have  been  so  appraised  by  the  said  commis- 
sioners. And  it  shall  be  the  duty  of  the  said  commissioners  to  give 
fifteen  days'  notice  of  the  time  and  place  of  such  appraisement,  to 
the  occupants  or  owners  of  the  land  so  to  be  appraised,  and,  after 
such  appraisement,  to  deliver  to  the  said  corporation  a  written 
statement  of  the  award  or  awards  they  shall  have  made,  with  a 
description  of  the  land  or  real  estate  so  appraised,  which  shall, 
Avithin  sixty  days  thereafter,  be  recorded  by  the  said  corporation  in 
the  clerk's  office  of  the  town  wherein  such  land  or  real  estate  may 
lie.  And  in  case  any  owner  or  owners  of  land  or  real  estate  taken 
by  said  corporation  shall  be  married  women,  infants,  idiots,  or 
insane,  or  shall  reside  out  of  this  State,  then  and  in  such  case,  the 
said  corporation  shall  cause  the  amount  of  damages  likely  to  be 
sustained  by  such  owners  [to  be  appraised]  in  the  manner  above 
prescribed,  and  shall  pay  the  same  to  the  said  last  mentioned 
owners  respectively,  whenever  the  same  shall  be  lawfully  demand- 
ed, together  with  the  interest  at  the  rate  of  six  per  centum  per 
anninu ;  which  said  amount  and  interest,  shall  be  a  specific  lien 
on  the  real  estate  of  said  corporation,  and  shall  have  a  preference 
before  any  other  demand  against  said  corporation  until  paid. 

Sect.  S.  Should  the  said  corporation,  or  the  awner  of  any  real 
estate  upon  which  damages  may  have  been  so  assessed,  feel 
ao-arieved  by  the  decision  of  the  commissioners  aforesaid,  either 
party  may,  within  ninety  days  after  the  making  such  decision  and 
notice  thereof,  or  after  the  removal  of  the  disabilities  in  the  preced- 
ing section  mentioned,  or  after  the  return  of  such  non-resident  to 
this  State,  appeal  to  the  county  court  of  the  county  wherein  such 
lands  or  real  estate  may  lie ;  and  the  decision  of  the  said  court 
shall  be  final  and  conclusive ;  and  said  court  shall  adjudge  costs 
a<^ainst  either  party,  as  they  shall  judge  just  and  equitable. 

Sect.  9.  The  said  corporation  is  hereby  authorized  to  construct, 
erect,  build,  make,  and  use  a  single  or  double  railroad  or  ways,  of 
suitable  width  and  dimensionSj  to  be  determined  by  the  said  cor- 


VEP.MOXT.  783 

poration,  on  the  line,  course,  or  route  designated  by  the  directors, 
as  aforesaid,  as  the  line,  course,  or  route  whereon  to  construct, 
erect,  build,  and  make  the  same,  and  shall  have  power  to  regulate 
the  time  and  manner  in  which  goods  and  passengers  shall  be 
transported,  taken,  and  carried  on  the  same,  and  shall  have  power 
to  erect  and  maintain  toll-houses  and  other  buildings  for  the 
accommodation  of  their  concerns,  as  they  may  deem  conducive  to 
their  interests. 

Sect.  10.  Whenever  it  shall  be  necessary  for  the  construction  of 
the  said  railroad,  to  intersect  or  cross  any  stream  of  water  or  water- 
course, or  any  road  or  highway,  lying  between  the  places  pre- 
scribed in  the  first  and  fourth  sections  of  this  Act,  it  shall  be  law- 
ful for  said  corporation  to  construct  their  said  railroad  or  ways 
across  or  upon  the  same :  Provided,  that  the  said  corporation 
shall  restore  the  stream  or  watercourse,  or  road  or  highway,  thus 
intersected,  to  its  former  condition  of  usefulness  and  convenience, 
at  the  time  immediately  preceding  such  intersection,  and  shall 
moreover  erect  and  maintain  sufficient  fences  upon  the  line  of  the 
route  of  their  said  railway  or  ways  :  Provided.,  nevertheless,  that 
nothing  in  this  Act  shall  be  so  constructed  as  to  prevent  the  cross- 
ing of  said  railroad  or  ways  with  teams  or  otherwise,  in  such 
manner  as  shall  be  calculated  not  to  injure  the  same. 

Sect.  11.  It  shall  be  lawful  for  the  said  corporation,  from  time  to 
time,  to  fix,  regulate,  and  receive,  the  tolls  and  charges,  for  the  trans- 
portation of  property  or  persons,  on  the  said  railroad  or  ways : 
Provided,  however,  that  the  supreme  court,  at  any  stated  session  to 
be  holden  in  the  county  of  Rutland  or  Addison,  on  the  application 
of  any  ten  freeholders  of  any  town  or  towns  through  which  the  said 
railroad  may  pass,  may  alter  or  establish  the  rate  or  rates  of  toll 
and  prices  of  transportation  upon  said  railroad,  for  a  term  of  time 
not  exceeding  ten  years,  at  any  one  time,  and  in  such  a  manner 
that  said  corporation  shall  not  receive  less  than  twelve  per  centum 
per  annum  on  the  amount  of  the  capital,  together  with  all  charges 
and  expenses  of  said  corporation. 

Sect.  12.  If  any  person  or  persons  shall  wilfully  do,  or  cause  to 
be  done,  any  act  or  acts  whatever,  whereby  any  building  or  work 
of  the  said  corporation,  or  any  engine,  machine,  or  structure,  or 
any  matter  or  thing  appertaining  to  the  same,  shall  be  stopped, 
obstructed,  impaired,  v/eakened,  injured,  or  destroyed,  the  person 
or  persons  so  offending,  shall  forfeit  and  pay  to  the  said  corpora- 
tion, double  the  amount  of  damages  sustained  by  means  of  such 


784   CHAMPLAIN   AND   CONNECTICUT   KIVER   RAILROAD    COMPANY. 

offence  or  injury,  to  be  recovered  in  the  name  of  said  corporation, 
with  costs  of  suit,  by  action  of  debt. 

Sect,  13.  It  shall  be  lawful  for  the  directors,  or  a  majority 
of  them,  to  require  payment  of  the  sums  subscribed  to  the  capi- 
tal stock,  at  such  times,  and  in  such  proportions,  and  on  such 
conditions,  as  they,  or  a  majority  of  them,  shall  deem  fit,  under 
the  penalty  of  the  forfeiture  of  all  previous  payments  thereon  ;  and 
shall  give  notice  of  the  payment  thus  required,  and  of  the  place 
and  time  when  the  same  are  to  be  paid,  at  least  thirty  days  pre- 
vious to  the  payment  of  the  same,  in  a  public  newspaper  printed 
in  Brandon  or  Middlebury. 

Sect.  14.  The  commissioners  named  in  the  fourth  section  of  this 
Act,  shall,  at  the  time  of  any  subscription  by  any  person  or  per- 
sons, for  the  capital  stock  of  said  corporation,  require  the  payment 
to  them,  by  the  person  or  persons  subscribing,  of  the  sum  of  five 
dollars,  towards  and  upon,  every  one  hundred  dollars  so  sub- 
scribed ;  and  unless  the  same  shall  be  paid,  the  subscription  shall 
be  invaHd ;  and  in  case  a  greater  amount  of  capital  stock  shall 
be  subscribed  than  the  sum  of  one  hundred  and  fifty  thousand 
dollars,  the  said  commissioners  shall  distribute  it  in  such  a  manner 
as  they  shall  deem  equitable  and  proper. 

Sect.  15.  The  ofiice  of  secretary  or  clerk  to  said  corporation 
shall  be  kept  within  this  State,  and  in  some  town  through  which 
the  said  railroad  shall  pass. 

Sect.  16.  This  Act  shall  take  effect  immediately  after  the  pass- 
ing thereof. 

Sect.  17.  The  legislature  may  at  any  time  hereafter  alter, 
amend,  modify,  or  repeal  this  Act.     Approved,  October  29,  1838. 


CHAMPLAU^  AND   COXXECTICUT  ER'ER  RAILROAD   COiMP.iNY. 

INCORPORATED    IN    VERMONT    IN    1843. 

No.  54:  of  the  Private  Acts  of  1843  contahis  the  Charter. 

Sect.  1  grants  corporate  powers,  -with,  the  right  to  construct  a  raUroad  on  the  route 

described,  for  transportation  of  persons  and  property. 
Sect.  2  provides,  if  within  seven  years  they  do  not  commence  the  construction  of 

said  road,  and  expend  $5000  thereon,  and  within  fifteen  years  complete  and  put 

in  operation  said  road,  that  this  Act  shall  be  void. 


VERMONT.  '  785 

Sect.  3  fixes  the  capital  stock  at  )|!  1,000,000,  with  power  to  increase  it,  to  be  divided 
into  shares  of  ^100  each. 

Sect.  4  appoints  Commissioners,  who  shall,  within  five  years,  open  books  for  receiv- 
ing subscriptions  to  the  stock  ;  when  it  is  subscribed,  they  shall  call  the  first  meet- 
ing of  Duectors,  preside  at  their  election,  and  declare  who  are  chosen  ;  the  Direct- 
ors shall  choose  a  President  and  Vice-President ;  they  shall  be  elected  annually ; 
they  maj"^  cause  surveys  to  be  made,  and  may  designate  the  route  of  the  road  ;  the 
Corporation  may  alter  such  route,  if  necessary. 

Sect.  5  provides  that  the  Vice-President  shall  preside  at  the  Comijany's  meetings,  in 
the  absence  of  the  President. 

Sect.  6  authorizes  their  election  to  be  held  on  a  subsequent  day,  if  not  made  on  the 
da}^  appointed. 

Sect.  7  defines  the  po-n-ers  and  duties  of  Directors ;  it  authorizes  the  Corpora- 
tion, by  their  agents,  to  enter  upon  and  use  lands  necessary  for  their  road,  by  pay- 
ing damages  to  be  assessed  as  therein  provided. 

Sect.  8  gives  to  either  party  the  right  of  appeal  from  such  assessment,  within  ninety 
days,  to  the  County  Court,  whose  decision  shall  be  final. 

Sect.  9  authorizes  the  Comx^any  to  build  a  single  or  double  railroad. 

Sect.  10  grants  a  toll  for  transportation  on  said  road,  the  rates  of  toll  being  subject 
to  revision  by  the  Supreme  Court. 

Sect.  11  authorizes  the  Directors  to  erect  toll-houses  and  demand  tolls  ;  and  re- 
quires them  to  keep  just  and  true  books  of  account  of  receipts  and  expenditures. 

Sect.  12  requires  the  Corporation  to  exhibit  publicly  their  rates  of  toll. 

Sect.  13  provides,  if  anj^  person  Avilfully  injure  said  railroad  or  appurtenances,  that 
he  shall  forfeit  to  the  Company  treble  the  damages  sustained,  and  shall  be  liable 
to  indictment. 

Sect.  14  authorizes  the  Company  to  construct  said  railroad  across  any  private  way 
or  highway,  the  same  being  restored  or  properly  repaired  ;  damages  therefor  to  bo 
assessed  as  before  provided. 

Sect.  15  reserA'CS  to  the  State  the  right  to  authorize  another  Company  to  enter  with 
a  railroad  upon  this,  by  paying  the  tolls  prescribed  and  complying  with  this  Com., 
pany's  rules. 

Sect.  16  reserves  to  the  State  the  right,  after  the  expiration  of  fifty  years  from  the 
opening  of  the  road,  to  purchase  the  franchise  and  property  of  the  Company,  by 
paying  its  cost,  and  ten  per  cent,  per  annum  interest  thereon,  if  the  net  income 
shall  not  have  equalled  that  sum. 

Sect.  17  authorizes  the  Directors  to  prescribe  the  time  and  mode  of  paying  instal- 
ments on  the  stock,  under  penalty  of  forfeiture  of  previous  payments. 

Sect.  18  authorizes  the  Commissioners  to  fix  the  sum  to  be  paid  on  each  share,  at 
the  time  of  subscribing,  and  to  distribute  the  stock  equitably,  if  more  than 
$1,000,000  are  subscribed. 

Sect.  19  requires  the  Clerk's  office  to  be  kept  in  some  county  through  which  the 
road  may  pass. 

Sect.  20  prohibits  this  Company  from  constructing  any  railroad  in  the  valley  of  the 
Connecticut  River,  to  interfere  with  any  other  railroad. 

Sect.  21  provides  that  this  Act  shall  take  eff'ect  from  its  passage. 

No.  3  of  the  Private  Acts  of  1844  contains  an  additional  Act. 

Sect.  1  appoints  additional  Commissioners,  and  fixes  the  time  for  choosing  Directors. 

66* 


786   CHAMPLAIN   AND    CONNECTICUT  RIVER   RAILROAD    COMPANY. 

Sect.  2  authorizes  the  Company  to  enter  upon  lands,  to  procure  materials  for  con- 
structing said  road. 

Sect.  4  provides  that  this  Company  may  unite  with  any  other  road  from  Boston,  by 
Tvay  of  Fitchburg. 

Sect.  5  directs  the  mode  of  pa^•ing  expenses  of  survey. 

Sect.  6  adds  a  proviso  to  Section  15  of  said  Act,  that  no  other  Company  shall  enter 
upon  this  road  with  motive  power,  unless  this  Company  refuse  to  draw  their  cars. 

Sect.  7  provides,  if  said  road  be  not  completed  as  aforesaid,  that  said  Act  shall  be 
in  force  as  to  the  parts  completed. 

Sect.  8  provides  that  this  Act  shall  take  effect  immediately. 

No.  27  of  the  Private  Acts  of  1845  contahis  an  Act  in  addition  to  the  original  Act. 

Sect.  1  makes  the  original  Act,  and  all  Acts  in  addition  thereto.  Public  Acts,  to  be 

construed  liberally. 
Sect.  2  limits  the  number  of  Directors  to  thirteen,  and  defines  their  powers  and 

duties. 
Sect.  3  gives  to  the  Company  power  to  collect  such  toll  as  the  Directors  shall 

prescribe. 
Sect.  4  requires  the  Directors  to  keep  just  and  true  books  of  accounts. 
Sect.  3  repeals  Sections  10,  11,  and  12  of  the  original  Act. 
Sect.  6  provides  for  the  transportation  of  the  U.  S.  Mail. 

No.  21  of  the  Private  Acts  of  1847  contains  an  Act  in  addition  to  the  foregoing. 

Sect.  1  changes  the  name  of  the  Company  to  that  of  the  Rutland  and  Burlington 

Railroad  Company. 
Sect.  2  authorizes  them  to  construct  a  branch  at  or  near  the  city  of  Vergennes,  in 

the  direction  described,  to  the  Rutland  and  Burlington  Railroad  Company. 

No.  58  of  tlie  Private  Acts  of  1849  contains  an   additional  Act. 

Sect.  1  authorizes  the  Company  to  extend  their  road  to  St.  Albans,  to  connect  with 
the  Vermont  and  Canada  Railroad. 

Sect.  2  provides,  if  they  do  not  construct  said  road  within  two  years,  that  this  Act 
shall  be  void. 

Sect.  3  provides,  if  they  do  construct  said  road,  that  the  Vermont  and  Canada  Rail- 
road Company  shall  be  discharged  from  their  obligation,  to  connect  with  the  Rut- 
land and  Burlington  Railroad  at  Burlington. 

Sect.  4  provides  that  this  Company  shall  have,  as  to  this  road,  the  rights  granted 
by  the  original  Act. 

Sect.  5  authorizes  this  Company  to  enter  upon  and  use  the  Vermont  and  Canada 
Railroad,  subject  to  the  provisions  of  their  charter  ;  and  they  to  enter  on  this 
road. 

Sect.  6  provides,  if  the  Vermont  and  Canada  Railroad  Company  shall  not  expend 
$30,000  on  that  part  of  the  road  from  St.  Albans  to  the  west  shore  of  Grand  Isle 
County,  within  eighteen  months  herefrom,  and  complete  said  portion  within  three 
years  herefrom,  that  this  Company  may  construct  and  run  the  same ;  and  so  of 
another  portion  there  named. 


VERMONT.  787 

La-ws  of  1843,  No.  54. 
An  Act  to  incorporate  the  Champlain  and  Connecticut  River  Railroad  Company. 

Sect.  1.  It  is  hereby  enacted,  <^'c.  That  Daniel  Kellogg,  Calvin 
Townsley,  Joseph  Steen,  William  Henry,  Nathaniel  Fullerton,  Abra- 
ham Adams,  Abel  Foster,  Jeremiah  Dow,  Willis  Hodges,  George 
T.  Hodges,  Luther  Daniels,  Samuel  H.  Kellogg,  John  A.  Conant, 
Ebenezer  N.  Briggs,  Rufus  Wainwright,  Harvey  Bell,  William 
Nash,  John  N.  Pomeroy,  Willys  Lyman,  Timothy  Follett,  Ezra 
Meech,  Jehazial  Sherman,  and  Samuel  L.  Strong,  and  their  asso- 
ciates and  successors,  are  constituted  a  corporation,  by  the  name 
of  Champlain  and  Connecticut  River  Railroad  Company,  and  by 
that  name  may  sue  and  be  sued,  may  have  a  seal,  and  shall  have 
all  the  rights  incident  to  corporations,  for  the  purpose  of  construct- 
ing a  railroad  from  some  point  at  Burlington,  thence  southwardly 
through  the  counties  of  Addison,  Rutland,  and  Windsor  or  Wind- 
ham, to  some  point  on  the  west  bank  of  Connecticut  River,  as  such 
company  shall  designate;  for  the  transportation  of  persons  and 
property  by  steam  or  horse  power. 

Sect.  2.  If  said  corporation  shall  not,  within  seven  years,  com- 
mence the  construction  of  said  railroad,  and  expend  thereon  at 
least  the  sum  of  five  thousand  dollars,  and  shall  not,  within  fifteen 
years,  complete  and  put  in  operation  said  road,  then  said  corpora- 
tion shall  cease  and  this  Act  become  void. 

Sect.  3.  The  capital  stock  of  said  company  shall  be  one  million 
of  dollars,  which  maybe  increased  to  an  amount  sufficient  to  com- 
plete said  road  and  furnish  all  necessary  apparatus  for  conveyance, 
which  shall  be  divided  into  shares  of  one  hundred  dollars  each, 
and  shall  be  deemed  personal  property,  and  transferable  in  such 
manner  as  said  corporation  shall  by  their  by-laws  direct. 

Sect.  4.  Timothy  Follett,  John  A.  Conant,  George  T.  Hodges, 
Luther  Daniels,  and  Calvin  Townsley,  shall  be  commissioners, 
whose  duty  it  shall  be,  within  five  years,  to  open  books  for  receiving 
subscriptions  to  the  capital  stock  of  said  company,  at  some  con- 
venient place  at  Rutland,  Burlington,  and  Brattleboro',  and  such 
other  places  as  the  commissioners  shall  direct;  and  twenty  days' 
notice  shall  be  given  by  said  commissioners,  of  the  time  and  place 
of  opening  said  books,  by  publishing  the  same  in  some  public 
newspaper  pubhshed  in  each  of  the  counties  of  Chittenden,  Addi- 


788    CHAMPLAIN   AND    CONNECTICUT   RIVER  RAILROAD    COMPANY. 

son,  Rutland,  and  Windsor  or  Windham;  and  as  soon  as  said 
stock  shall  be  subscribed,  shall  give  notice  in  like  manner  for  a 
meeting  of  the  stockholders,  at  such  time  and  place  as  they  shall 
order,  for  the  election  of  nine  directors.  And  such  election  shall 
then  and  there  be  made,  by  such  of  the  stockholders  as  shall  be 
present,  either  in  person  or  by  proxy,  each  proprietor  being  entitled 
to  as  many  votes  as  he  holds  shares;  provided  they  do  not  amount 
to  more  than  one  fourth  part  of  the  whole  number.  And  the  com- 
missioners shall  be  inspectors  of  said  election,  and  shall  certify  the 
names  of  those  duly  elected,  and  deliver  over  to  said  directors  the 
subscription  books  and  other  papers.  And  said  directors  shall  then 
proceed  to  elect  from  their  number  a  president  and  vice-president, 
and  so  at  all  subsequent  elections  of  directors.  And  the  time  and 
place  of  holding  the  first  meeting  of  directors,  shall  be  fixed  by  the 
commissioners;  and  a  new  election  shall  be  made  annually,  at 
such  time  and  place  as  the  directors  shall  appoint,  giving  twenty 
days'  notice  of  the  same,  by  publication  in  one  newspaper  printed 
in  each  of  the  counties  aforesaid.  And  said  directors  may  cause 
such  examinations  and  surveys  of  said  road  to  be  made  as  they 
shall  deem  necessary,  commencing  at  some  suitable  place  at  Bur- 
lington, thence  extending  through  the  counties  of  Addison,  Rut- 
land, and  Windsor  or  Windham,  by  way  of  Vergennes,  Middle- 
bury,  Rutland,  Shrewsbury,  and  Mount  Holley  or  Weston,  to  such 
point  on  the  west  bank  of  Connecticut  River  as  is  deemed  expe- 
dient. And  when  said  road  shall  be  surveyed,  the  directors  shall 
certify  the  same  under  their  hands  and  seals,  one  of  which  certifi- 
cates shall  be  recorded  in  the  town  clerk's  ofiice  of  each  town 
through  which  said  road  passes,  which  road,  so  surveyed  and  cer- 
tified, shall  be  deemed  the  line  upon  which  said  road  is  to  be  con- 
structed, as  hereinafter  mentioned.  And  the  corporation  may 
make  such  alterations,  from  time  to  time,  in  the  course  of  said 
road,  as  they  shall  deem  expedient,  causing  a  certificate  of  the 
same  to  be  recorded  in  the  office  of  the  town  clerk  [of  the  town] 
in  which  such  alteration  is  made,  the  expenses  of  which  surveys, 
and  all  incidental  expenses  relating  thereto,  shall  be  paid  by  said 
corporation. 

Sect.  5.  The  vice-president  shall  preside  at  all  meetings  of  the 
directors  in  case  of  the  absence  or  resignation  of  the  president,  and 
may  exercise  such  powers  and  functions  as  the  corporation  shall 
by  their  by-laws  provide. 

Sect.  6.  If  it  should  happen   at  any  time  that  an  election  of 


VERMONT.  789 

directors  should  not  be  made  on  the  day  it  ought  to  have  been, 
pursuant  to  this  Act,  said  corporation  shall  not  for  that  cause  be 
dissolved,  but  the  election  may  be  held  at  any  other  time  provided 
for  by  their  by-laws. 

Sect,  7.  Seven  directors  shall  form  a  board,  who  shall  be  com- 
petent to  transact  all  the  business  of  said  corporation,  and  shall 
have  power  to  make  and  prescribe  by-laws  and  regulations  for  the 
proper  management  and  disposition  of  the  stock,  property,  and 
effects  of  said  corporation,  the  transfer  of  shares,  conduct  of  their 
officers,  election  of  directors,  and  all  other  matters  appertaining  to 
said  corporation  ;  and  shall  have  power  to  appoint  a  clerk  and 
treasurer,  who  shall  give  bonds  to  said  corporation,  with  sureties 
to  the  satisfaction  of  the  directors,  in  a  sum  not  less  than  twenty 
thousand  dollars,  for  the  faithful  discharge  of  his  trust ;  and  to 
establish  such  salaries  for  the  officers  of  said  corporation  as  they 
deem  proper.  And  said  corporation  are  hereby  authorized,  by 
their  agents,  surveyors  and  engineers,  to  enter  upon  said  route, 
designated  as  aforesaid,  and  it  shall  be  lawful  for  said  corporation 
to  enter  upon,  and  take  possession  of  all  such  lands  and  real  estate, 
as  is  necessary  for  the  construction  and  maintenance  of  their  rail- 
road and  the  requisite  accommodations  appertaining  thereto  ;  and 
may  receive,  hold,  and  take,  all  voluntary  grants  and  donations  of 
real  estate  as  shall  be  made  to  said  corporation  for  the  benefit  of 
said  company.  All  lands  thus  entered  upon  and  used  by  said 
corporation,  which  are  not  gifts  or  donations,  shall  be  purchased 
by  said  corporation,  of  the  owner  or  owners  of  the  same ;  and  in 
case  the  parties  disagree  upon  the  price  of  said  lands,  and  before 
making  any  portion  of  said  road  upon  such  lands,  it  shall  be  the 
duty  of  the  judges  of  the  county  court  of  the  county  in  which  such 
lands  lie,  to  appoint  three  disinterested  commissioners,  who  shall 
determine  the  damages  which  the  owner  or  owners  of  said  lands 
so  entered  upon  may  have  sustained,  or  shall  be  likely  to  sus- 
tain, by  the  occupation  of  the  same;  and  upon  payment  of  such 
damages,  with  the  expenses  attending  the  appraisement,  the  said 
commissioners  being  allowed  three  dollars  each,  per  day,  while 
thus  em.ployed  ;  or  upon  said  corporation  depositing  in  any  bank, 
in  either  county  through  which  said  road  passes,  to  the  credit  of 
the  person  or  persons  to  whom  an  award  may  have  been  made, 
the  amount  of  said  damages,  with  the  expenses  aforesaid,  the 
proper  officers  of  said  bank  giving  notice  to  such  person  or  persons, 
by  letter,  of  such  deposit ;  then  said  corporation  shall  be  deemed 


790    CHAMPLAIN   AND    CONNECTICUT  RIVER   RAILROAD    COMPANY. 

to  be  seised  and  possessed  of  such  lands  so  appraised  by  said 
commissioners.  And  it  shall  be  the  duty  of  said  commissioners 
to  give  fifteen  days'  notice  of  the  time  and  place  of  such  appraise- 
ment, to  the  owners  or  occupants  of  the  lands  to  be  appraised ; 
and  after  the  appraisal,  shall,  as  soon  as  may  be,  deliver  to  said 
corporation  a  written  statement  of  the  awards  by  them  made,  with 
a  description  of  the  lands  appraised,  which  shall,  within  sixty  days, 
be  recorded  in  the  office  of  the  town  clerk  [of  the  town]  in  which 
said  lands  lie  ;  and  in  case  any  owner  or  owners  of  lands  taken 
by  said  company  shall  be  married  women,  infants,  idiots,  or  insane, 
or  shall  reside  without  this  State,  in  such  case,  said  corporation 
shall  cause  the  damages  to  be  ascertained  in  the  manner  above 
prescribed,  and  shall  pay  the  amount  of  said  last  mentioned  dam- 
ages, to  the  owners,  respectively,  whenever  the  same  shall  be  law- 
fully demanded,  with  the  interest  at  the  rate  of  six  per  centum  per 
annum;  which  amount  and  interest,  shall  be  a  specific  lien  on  the 
real  estate  of  said  corporation,  and  shall  have  a  preference  to  any 
other  demand  against  said  corporation. 

Sect.  8.  Should  said  corporation,  or  the  owner  of  any  lands,  feel 
themselves  aggrieved  by  the  decision  of  the  commissioners,  afore- 
said, either  party  may,  within  ninety  days  from  the  making  said 
decision  and  notice  thereof,  or  from  the  removal  of  the  disabihties 
in  the  preceding  section  mentioned,  or  from  the  return  of  such 
non-resident,  appeal  to  the  county  court  in  the  county  in  which 
said  lands  or  other  property  lie ;  and  the  decision  of  said  court 
shall  be  final;  and  said  court  shall  tax  costs  for  or  against  either 
party,  as  they  shall  judge  equitable. 

Sect.  9.  Said  company  may  build  and  use  a  double  or  single 
track  upon  said  road,  as  shall  be  determined  by  said  company. 

Sect.  10.  Toll  is  granted  for  the  benefit  of  said  corporation,  upon 
all  passengers  and  property  which  may  be  conveyed  or  trans- 
ported upon  said  road,  at  such  rate  per  mile  as  may  be  established 
from  time  to  time  by  the  directors  :  Provided,  the  supreme  court, 
at  any  stated  session  thereof,  holden  in  either  of  the  counties 
through  which  said  road  passes,  on  application  of  ten  freeholders 
in  any  town  through  which  said  road  passes,  may  alter  or  estab- 
lish the  rate  of  toll,  and  price  of  transportation,  upon  said  road, 
for  a  term  not  exceeding  ten  years,  at  any  one  time,  and  in  such 
manner  that  said  corporation  shall  not  receive  less  than  ten  per 
centum  per  annum,  on  the  amount  of  capital  stock,  including  ail 
expenses   of  said  corporation,   for  the  first  fifty  years  after  said 


VERMONT. 


791 


corporation  shall  commence  taking  toll  on  said  road;  and  in  such 
manner  that  said  corporation  shall  not  receive  less  than  six  per 
centum  per  annum  on  the  amount  of  capital  stock,  including  all 
expenses  of  said  corporation,  thereafter. 

Sect.  11.  The  directors  of  said  corporation  may  erect  toll-houses, 
establish  gates,  appoint  toll-gatherers,  and  demand  toll,  upon  said 
road  when  completed  or  upon  such  parts  thereof  as  shall,  from 
time  to  time,  be  completed  ;  and  shall  keep  just  and  true  books 
and  accounts  of  all  expenditures  made  in  building  and  keeping 
in  repair  said  railroad,  and  also  of  all  the  income  arising  from  said 
road;  which  book  shall,  at  all  times,  be  open  to  the  inspection  of 
any  committee  of  the  legislature,  or  of  the  supreme  court ;  and 
any  such  committee  rnay  examine  the  officers  of  said  corporation, 
under  oath,  touching  the  receipts  and  expenditures  of  said  corpo- 
ration. 

Sect.  12.  Said  corporation  shall  keep  constantly  exposed  to  view, 
at  all  places  where  they  have  toll-houses,  or  gates,  and  at  all  pub- 
lic places  where  they  receive  passengers,  or  freight,  a  sign  or  hand- 
bill, with  the  rates  of  toll  legibly  written  or  printed  thereon. 

Sect.  13.  If  any  person  shall  wilfully,  maliciously,  or  wantonly, 
obstruct  the  passage  of  any  carriage  on  said  road,  or  in  any  way 
injure,  or  destroy  said  road,  or  any  part  thereof,  or  any  thing 
belonging  thereto,  or  any  material  or  implement  employed  in  the 
construction  thereof,  he,  or  any  person  or  persons  assisting,  aiding, 
or  abetting  in  such  trespass,  shall  forfeit  and  pay  to  said  corpora- 
tion, for  every  such  offence,  treble  damages,  as  shall  be  assessed 
before  any  court  proper  to  try  the  same  ;  and  such  offender  or 
offenders  shall  be  liable  to  indictment  by  the  grand  jury  of  the 
county  within  which  such  trespass  shall  have  been  committed, 
for  any  offence  contrary  to  the  above  provisions,  and  on  conviction 
thereot^,  before  such  county  court,  shall  pay  a  fine  not  exceeding 
one  hundred  dollars,  and  not  less  than  thirty  dollars,  to  the  use  of 
the  State. 

Sect.  14.  If  said  railroad  shall  cross  any  private  way,  said  cor- 
poration shall  so  construct  the  same  as  not  to  obstruct  the  safe  and 
convenient  use  of  said  private  way ;  and  if  said  railroad  shall  not  be 
so  constructed,  the  party  aggrieved  may  have  an  action  on  the  case 
in  any  court  proper  to  try  the  same,  and  recover  reasonable  dama- 
ges for  such  injury ;  and  if  said  railroad  shall  cross  any  canal,  high- 
way, or  turnpike,  the  same  shall  be  so  constructed  as  not  to  impede 
or  obstruct  the  safe  and  convenient  use  of  such  canal,  highway,  or 


792    CHAMPLAIN   AND    CONNECTICUT  RIVER  RAILROAD    COMPANY. 

turnpike,  and  said  corporation  may  raise  or  lower  such  turnpike, 
highway,  or  private  way,  so  that  said  raihoad,  if  necessary,  may 
pass  under  or  over  the  same.  And  if  said  corporation  shall  raise  or 
lower  any  such  turnpike,  highway,  or  private  way,  and  shall  not  so 
raise  or  lower  the  same  as  to  be  satisfactory  to  the  proprietors  of 
said  turnpike,  or  to  the  selectmen  of  the  town  in  which  said  high- 
way or  private  way  is  situated,  said  proprietors  or  selectmen  may 
require,  in  writing,  of  said  corporation,  such  alteration  or  amend- 
ment as  they  may  think  necessary  ;  and  if  the  required  amendment 
or  alteration  be  reasonable  and  proper,  and  said  corporation  shall 
unnecessarily  neglect  to  make  the  same,  such  proprietors,  or  select- 
men may  make  such  alteration  or  amendment,  and  may  prosecute 
to  final  judgment  and  execution,  in  any  court  proper  to  try  the 
same,  an  action  of  the  case  against  said  corporation,  and  shall 
therein  recover  a  reasonable  indemnity,  in  damages,  for  all  expenses 
occasioned  by  making  such  alteration,  with  costs  of  suit.  And  if 
said  railroad  shall  intersect  or  cross  any  stream  of  water,  or  water- 
course, said  corporation  may  construct  the  same  across  a  stream  or 
watercourse,  provided  they  restore  said  stream  or  watercourse  to 
its  former  state,  or  in  a  sufiicient  manner,  not  to  impair  its  useful- 
ness ;  and  said  corporation  shall  build  and  maintain  a  sufficient 
fence  upon  each  side  of  their  railroad,  through  the  whole  route 
thereof:  Provided^  that  nothing  in  this  Act  contained  shall  be  so 
construed  as  to  prevent  the  crossing  of  said  railroad,  with  teams  or 
otherwise,  in  a  manner  not  calculated  to  injure  the  same. 

Sect.  15.  The  State  may  authorize  any  company  to  enter  with 
another  railroad,  at  any  point  of  the  road  herein  granted,  paying 
for  the  right  to  use  the  same,  or  any  part  thereof,  such  a  rate  of 
toll  as  the  legislature  may  hereinafter  [prescribe,  and  complying 
with  such  rules  and  regulations  as  may  be  established  by  the  com- 
pany hereby  incorporated. 

Sect.  16.  The  legislature  may,  at  any  time,  during  the  continu- 
ance of  this  Act,  after  the  expiration  of  fifty  years  from  the  open- 
ing for  use  of  said  road,  and  not  before,  purchase  of  said  corpora- 
tion the  said  railroad,  and  all  the  property,  rights,  and  privileges 
thereof,  by  paying  therefor  the  amount  expended  in  making  the 
same,  the  expenses  of  repairs,  and  all  other  expenses  relating 
thereto.  And  in  case,  at  the  purchase,  said  corporation  shall  not 
have  received  an  income  equal  to  ten  per  centum  per  annum  on  the 
original  cost,  over  and  above  the  charges  and  expenses  relating 
thereto,  the  legislature  shall  pay  said  corporation  such  additional 


VERMONT.  793 

sum  as,  together  with  the  tolls  and  profits  of  every  kind  received 
from  said  road,  will  be  equal  to  ten  per  centum  per  annum  on  the 
cost  of  said  road,  from  the  date  of  the  payment  thereof  by  the  stock- 
holders of  said  corporation,  to  the  time  of  such  purchase. 

Sect.  17.  The  directors  may  require  payment  of  the  sums  sub- 
scribed to  the  capital  stock,  at  such  times,  and  in  such  proportions, 
and  on  such  conditions,  as  they  shall  deem  best,  under  the  penalty 
of  forfeiture  of  all  previous  payments  thereon  ;  and  shall  give  notice 
of  the  payments  required,  the  time  and  place  where  the  same  is  to 
be  paid,  at  least  thirty  days  previous  thereto,  in  a  newspaper  pub- 
lished in  each  of  the  counties  through  which  said  road  passes. 

Sect.  18.  The  commissioners  may,  at  the  time  of  subscription 
of  any  person  for  the  capital  stock  of  said  corporation,  require  pay- 
ment by  the  person  subscribing,  of  such  sums  towards  each  share 
as  they  may  deem  best,  and  unless  the  same  shall  be  paid,  the  sub- 
scription shall  be  void :  and  in  case  a  greater  amount  of  capital 
stock  shall  be  subscribed  than  the  sum  of  one  million  dollars,  the 
commissioners  shall  distribute  the  stock  in  such  manner  as  they 
shall  deem  equitable  and  just. 

Sect.  19.  The  office  of  the  clerk  of  said  corporation  shall  be 
kept  within  some  one  of  the  counties  through  which  said  road 
passes. 

Sect.  20.  Nothing  in  this  Act  shall  authorize  said  company  to 
construct  a  railroad  in  the  valley  of  Connecticut  River,  so  as  to 
interfere  with  the  construction  of  any  other  railroad  that  is  now, 
or  may  hereafter  be,  authorized  to  be  made  in  said  valley,  nor 
to  prevent  the  crossing  of  any  other  railroad  chartered  by  this 
State. 

Sect.  21,  This  Act  shall  take  effect  from  and  after  its  passage. 
Approved^  Nov.  1,  1843. 

Laws  op  1844,  No.  3. 

An  Act  in  addition  to  an  Act,  incorporating  "  the  Champlain  and  Connecticut  Eiver 
Railroad  Company,"  approved  November  1,  1844. 

Sect.  1 .  It  is  hereby  enacted^  ^c.  That  Samuel  Barker,  William 
Nash,  Ambrose  L.  Brown,  William  Henry,  and  Henry  N.  Fuller- 
ton,  shall  be  commissioners,  with  the  persons  named  in  section  four 
of  said  Act,  to  receive  subscriptions  to  the  capital  stock  of  said 
company;  and  when  two  thousand  shares  shall  be  subscribed,  the 
commissioners  may  give  notice  to  the  stockholders  to  meet  for 

67 


794    CHAMPLAIN   AND    CONNECTICUT   RIVER   RAILROAD    COMPANY. 

the  election  of  directors,  according  to  the  provisions  of  said  sectioK. 
four. 

Sect.  2.  Said  company  may  enter  upon  any  lands  in  the  vicin- 
ity of  said  railroad,  for  the  purpose  of  procuring  earth,  sand,  gravel, 
or  stone  for  the  construction  or  repairs  of  said  railroad,  subject 
always  to  the  same  provisions  and  liabilities  contained  in  sections 
seven  and  eight  of  said  Act,  for  ascertaining  the  damages  which 
the  owner  of  lands  so  entered  upon,  shall  have  sustained,  or  may 
be  likely  to  sustain  by  reason  of  such  entry. 

Sect.  4.  Said  company  may  unite  with  any  other  company  or 
companies,  in  this  State,  or  in  the  States  of  New  Hampshire  and 
Massachusetts,  which  are  or  may  be  empowered  to  construct  a 
railroad  from  the  city  of  Boston,  by  the  way  of  Fitchburg  in  the 
State  of  Massachusetts,  to  the  eastern  termination  of  said  road, 
upon  such  terms  and  under  such  restrictions  as  said  companies 
may  mutually  prescribe ;  or  said  company  may  enter  into  such 
contract  with  such  other  companies  for  regulating  the  running  of 
said  railroads,  and  the  rates  of  compensation  to  be  made  to  each 
of  said  companies,  as  they  may  deem  expedient,  not  inconsistent 
with  the  laws  of  this  State.  And  said  company  may  unite,  or 
contract,  with  any  other  company  chartered  by  this  State,  or  any 
other  State,  whose  railroad  shall  enter  upon,  or  be  in  any  way 
connected  with  said  Champlain  and  Connecticut  River  Railroad, 
as  aforesaid. 

Sect.  5.  All  the  expenses  which  have  been  or  shall  be  incurred 
in  exploring  and  surveying  said  railroad  route,  shall  be  paid  by 
said  company  to  such  persons  as  shall  be  entitled  to  the  same  ;  or 
the  commissioners  may  consider  and  treat  such  expenses,  as  part 
payment  towards  the  stock  of  said  company,  according  to  the 
election  of  the  persons  to  whom  such  expenses  may  be  due,  or  by 
whom  they  may  have  been  incurred. 

Sect.  6.  The  following  proviso  shall  be  added  to  section  fifteen 
of  said  Act,  to  wit :  Provided^  that  no  other  corporation  shall  enter 
upon  said  Champlain  and  Connecticut  River  Railroad  with  any 
motive  power,  unless  said  Champlain  and  Connecticut  River  Rail- 
road Company  shall  refuse  to  draw  over  their  road,  or  some  part 
thereof,  the  cars  of  such  other  railroad  company  which  may  bs 
authorized  to  enter  with  their  railroad  upon  the  said  Champlain 
and  Connecticut  River  Railroad. 

Sect.  7.  If  said  railroad  shall  not  be  wholly  completed,  i'l  the 
time  limited  by  the  Act  to  which  this  is  in  addition,  yet  said  Act 


VERMONT.  795 

shall  remain  in  full  force  for  such  part  or  parts  of  said  railroad  as 
shall  be  completed  within  said  time. 

Sect.  8.  This  Act  shall  take  effect  from  its  passage.     Approved^ 
October  31,  1844. 

Laws  of  1S45,  Xo.  27. 

An  Act  to  amend  "  an  Act  to  incorporate  the  Champlain  and  Connecticut  River 

Ilailroad  Company. 

Sect.  1.  It  is  hereby  enacted,  Sfc.  That  the  Act  to  incorporate 
the  Champlain  and  Connecticut  River  Railroad  Company,  approv- 
ed November  1,  1843,  and  all  Acts  in  addition  to,  or  amendment 
of  the  same,  shall  be  considered  Public  Acts,  and  shall  be  construed 
favorably  and  beneficially  for  all  the  purposes  for  which  they  were 
enacted. 

Sect.  2.  The  number  of  directors  of  said  company  shall  here- 
after be  thirteen ;  a  majority  of  whom  shall  constitute  a  quorum 
for  the  transaction  of  business  ;  and  such  directors  shall  be  elected 
in  the  manner,  and  have  the  powers,  and  perform  the  duties,  pre- 
scribed in  the  Act  of  incorporation  :  Provided  alioays.  that  in  case 
of  the  death,  resignation,  or  refusal  to  serve,  of  any  one  or  more 
of  the  directors  thus  elected,  the  vacancy  thus  occasioned  may 
be  supplied  by  the  remaining  directors,  by  an  election  to  fill  said 
vacancy. 

Sect.  3.  The  said  company  shall  have  the  right  to  receive  and 
collect  toll  or  compensation,  at  such  rates  as  the  directors  may  from 
time  to  time  prescribe  and  establish,  for  the  conveyance  and  trans- 
portation of  all  passengers  and  freight  over  their  road,  or  any  part 
thereof:  Provided,  the  supreme  court,  at  any  stated  session  thereof, 
in  either  of  the  counties  through  which  the  road  shall  pass,  on 
application  of  ten  or  more  freeholders  in  any  town  on  the  line  of 
said  road,  may  alter  the  rates  of  toll  established  by  the  directors, 
and  prescribe  and  establish  such  other  rates,  for  a  term  not  exceed- 
ing ten  years  at  any  one  time,  as  said  court  may  judge  reasonable, 
and  in  such  manner  that  the  income  of  said  company  shall  not  be 
reduced  below  twelve  per  cent,  per  annum,  on  the  amount  of  its 
capital  stock,  after  deducting  all  expenses. 

Sect.  4.  The  directors  shall  keep  just  and  true  books  and 
accounts  of  all  expenses  made  in  building  and  keeping  in  repair 
said  railroad,  and  also  of  all  the  income  arising  from  said  road. 


796    CHAMPLAIN    AND    CONNECTICUT   RIVER   RAILROAD    COMPANY. 

which  books  shall  at  all  times  be  open  to  the  inspection  of  any 
committee  appointed  by  the  legislature  for  this  purpose.  And 
such  committee  may  examine  the  officers  of  said  corporation, 
under  oath,  touching  the  receipts  and  expenditures  of  said  corpo- 
ration. 

Sect.  5.  The  tenth,  eleventh,  and  twelfth  sections  of  said  Act 
of  incorporation  are  hereby  repealed. 

Sect.  6.  Said  corporation  shall  transport  the  United  States  mail 
over  the  road  of  said  company,  by  its  regular  trips.  And  the 
supreme  court  shall,  on  application  for  that  purpose,  fix  the  price 
for  which  it  shall  be  so  transported,  to  and  from  any  different 
points  on  said  road,  which  shall  continue  to  be  the  price  until  the 
same  shall  be  altered  by  said  court.     Approved^  November  5,  1845. 

Laws  of  1847,  No.  21. 

An  Act  in  addition  to,  and  in  amendment  of  an  Act,  entitled  "  An  Act  to  incorpo- 
rate the  Champlain  and  Connecticut  River  Railroad  Company." 

Sect.  1.  It  is  hereby  enacted^  ^'c.  That  the  corporate  name  of  the 
Champlain  and  Connecticut  River  Railroad  Company,  is  hereby 
changed  to,  and  the  same  shall  hereafter  be  known  and  called  by, 
the  name  of  the  Rutland  and  Burlington  Railroad  Company,  and 
all  contracts  hereafter  made,  and  all  suits  hereafter  prosecuted  or 
defended,  shall  be  made,  prosecuted,  or  defended  in  said  last  men- 
tioned name. 

Sect.  2.  The  said  corporation  shall  have  power  to  construct  a 
branch  of  their  railroad,  from  some  point  on  the  main  line  of  said 
road,  at  or  near  the  city  of  Yergennes,  to  some  point  on  the  navi- 
gable waters  of  Otter  Creek,  below  the  lower  falls  of  said  creek  at 
said  city  of  Yergennes,  and  for  that  purpose  said  corporation  may 
enter  upon,  use,  and  occupy  any  lands  required  for  said  branch,  or 
for  wharves,  depots,  or  other  buildings  required  for  the  use  and 
occupation  of  said  branch,  with  the  same  rights  and  powers,  and 
subject  to  the  same  duties  and  responsibilities  as  is  provided  in 
said  Act  of  incorporation,  and  Acts  in  addition  thereto,  and  such 
general  laws  as  are  applicable  to  all  railroads.  Approved^  Novem- 
ber 6,  1847. 


VERMONT.  797 


Laws  of  1849,  No.  58. 

An  Act,  in  addition  to  an  Act  incorporating  the  Rutland  and  Burlington  Railroad 

Company. 

Sect.  1.  It  is  hereby  enacted,  d^'c.  That  the  Rutland  and  Bur- 
lington Railroad  Company  are  hereby  authorized  to  extend  their 
road,  from  its  termination  in  the  village  of  Burlington,  to  the 
village  of  St.  Albans,  in  the  county  of  Franklin,  passing  from 
Burlington,  northwardly,  near  the  head  of  Mallett's  Bay,  and 
crossing  the  Lamoille  River,  at  or  near  Manley's  Falls,  otherwise 
called  Gilbert's  crossing,  thence  to  the  village  of  St.  Albans,  and 
to  connect  with  the  Vermont  and  Canada  Railroad  at  said  St. 
Albans  village. 

Sect.  2.  If  the  Rutland  and  Burlington  Railroad  Company  shall 
not  construct  said  road  within  two  years,  they  shall  take  nothing 
by  this  Act. 

Sect.  3.  If  the  Rutland  and  Burlington  Railroad  Company  shall 
construct  said  road,  then,  and  in  that  case,  the  Vermont  and 
Canada  Railroad  Company  shall  be  released  and  forever  dis- 
charged from  their  obligation  to  connect  with  the  Rutland  and 
Burlington  Railroad,  at  the  village  of  Burlington. 

Sect.  4.  The  Rutland  and  Burlington  Railroad  Company,  in  the 
construction  of  said  road,  shall  have  all  the  rights  and  privileges, 
and  be  subject  to  all  the  liabilities  contained  in  their  original  char- 
ter, and  the  Acts  in  addition  thereto. 

Sect.  5.  The  Rutland  and  Burlington  Railroad  Company  shall 
have  the  right  to  enter  upon  and  use  the  Vermont  and  Canada 
Railroad,  on  the  terms  and  conditions  contained  in  the  Act  of 
incorporation  of  the  Vermont  and  Canada  Railroad.  And  the 
Vermont  and  Canada  Railroad  Company  shall  have  the  saraf 
right  to  enter  upon  and  use  the  Rutland  and  Burlington  Rail- 
road. 

Sect.  6.  If  the  Vermont  and  Canada  Railroad  Company  shall 
not  expend  thirty  thousand  dollars  upon  that  portion  of  their  road, 
extending  from  the  point,  viz. :  the  village  of  St.  Albans,  at  which 
the  extension  of  the  road  to  be  built  by  the  Rutland  and  Burling- 
ton Railroad  Company  shall  connect  with  the  Vermont  and  Canada 
Railroad,  to  the  west  shore  of  Grand  Isle  county,  within  eighteen 
months  from  the  passage  of  this  Act,  and  complete  said  portion  of 
67* 


798  BRATTLEBORO'    AND    FITCHBURG  RAILROAD    COMPANY. 

their  road  within  three  years  from  the  passage  of  this  Act,  then 
the  said  Rutland  and  Burhngton  Railroad  Company  shall  be,  and 
hereby  are,  authorized  and  empowered  to  construct  and  own  that 
portion  of  the  aforesaid  road,  from  such  point  of  connection  to 
the  western  shore  of  Grand  Isle  county ;  and  if  the  said  Ver- 
mont and  Canada  Railroad  Company  shall  not  locate,  construct, 
and  complete  that  portion  of  their  road,  extending  from  some 
convenient  point,  at  or  near  the  village  of  Swanton,  to  Canada 
line,  in  the  town  of  Highgate,  as  soon  as  any  railroad  shall  be 
constructed  from  any  point  on  the  Richelieu  River,  to  the  north 
line  of  Highgate,  then,  and  in  that  case,  the  said  Rutland  and 
Burlington  Railroad  Company  shall  be,  and  hereby  are,  authorized 
and  empowered  to  construct  and  own  said  road,  from  said  point 
of  divergence  to  Canada  line.     Apj)roved,  November  9th,  1849. 


BEATTLEBORO'   AND   FITCHBURG  RAILROAD   COMPANY. 

INCORPORATED    IN    VERMONT    IN    1843. 

No.  56  of  the  Private  Acts  of  1843  contains  the  Chat-ter. 

Sect.  1  grants  corporate  powers,  with  the  right  to  construct  a  railroad  on  the  route 

described,  and  transport  persons  and  property  thereon. 
Sect.  2  provides,  if  within  five  years  herefrom  they  do  not  complete  and  put  in 

operation  said  road,  that  this  Act  shall  be  void. 
Sect.  3  fixes  the  capital  stock  at  $300,000,  which  may  be  increased,  to  be  divided 

into  shares  of  $50  each. 
Sect.  4  appoints  Commissioners,  who  shall,  within  one  year,  open  books  for  receiv- 
ing subscriptions  to  the  stock ;  when  the  stock  is  subscribed,  they  shall  call  a 
meeting  of  stockholders  for  choice  of  Directors,  shall  preside  at  their  election,  and 
decide  who  are  chosen  :  the  Directors  may  cause  surveys  to  be  made,  and  designate 
the  location  of  the  route. 
Sect.  5  provides  that  the  Directors  shall  choose  a  President  and  Vice-President,  and 

may  fill  vacancies. 
Sect.  6  defines  the  powers  and  duties  of  the  Directors. 

Sect.  7  empowers  the  Corporation,  by  their  agents,  to  take  and  hold  land  necessary 
for  the  railroad,  by  paying  damages,  if  not  agreed,  to  be  assessed  as  therein  pro- 
vided. 
Sect.  8  gives  to  either  party  the  right  of  appeal,  from  such  assessment,  to  the  County 

Court,  whose  decision  shall  be  final. 
Sect.  9  grants  to  the  Company  a  toll  for  transportation  on  said  road;  the  rates 
thereof  being  subject  to  revision  by  the  Supreme  Court. 


VEEMONT.  799 

Sect.  10  authorizes  the  Directors  to  erect  toll-houses,  and  demand  tolls,  and  requires 

the  company  to  keep  correct  account  of  receipts  and  expenditures. 
Sect.  1 1  requires  the  Company  to  pviblicly  exhibit  the  rates  of  toll. 
Sect.  12  provides,  if  any  person  -wilfully  injure  said  railroad  or  appurtenances,  that 

he  shall  forfeit  to  the  Company  treble  the  damages  sustained,  and  shall  be  liable 

to  indictment. 
Sect.  13  authorizes  the  road  to  be  constructed  across  any  private  v,-ay,  highway,  or 

watercourse,  provided  they  be  restored  or  sufficiently  repaired. 
Sect.  14  reserves  to  the  Legislature  the  right  to  permit  another  Company  to  enter, 

with  their  road,  upon  this,  by  paying  the  tolls  prescribed  and  complying  with  the 

regulations. 
Sect.  15  reserves  to  the  State  the  right,  after  fifty  years  from  the  completion  of  the 

road,  to  purchase  its  franchise  and  property,  by  paying  its  cost,  and  10  per  cent. 

per  annum  interest  thereon,  if  the  income  shall  not  have  equalled  that  amount. 
Sect.  16  authorizes  the  Directors  to  require  payment  of  instalments  on  the  stock,  as 

they  may  deem  proper,  under  penalty  of  forfeiture  of  previous  payments. 
Sect.  17  authorizes  the  Commissioners  to  order  any  part  thereof  to  be  paid  in  cash, 

at  the  time  of  subscribing. 
Sect.  18  provides  that  this  Act  shall  take  effect  immediately. 
Sect.  19  requires  the  Clerk's  office  to  be  kept  in  this  State. 
Sect.  20  authorizes  this  Company  to  unite  with  the  Fitchburg  Railroad  Company, 

or  any  Company  chartered  between  Fitchburg  and  Brattleboro'. 

No.  19  of  the  Private  Acts  of  1S47  contains  an  Act  in  addition  to  the  Acts  incorporating 
the  Connecticut  River,  and  Brattleboro'  and  Fitchburg  Railroad  Companies. 

Sect.  1  authorizes  the  Connecticut  River  Railroad  Company  to  make  their  southern 
terminus  at  the  northern  terminus  of  the  Brattleboro'  and  Fitchburg  Railroad 
Company. 

Sect.  2  provides,  that  if  the  first  named  Company  shall  build  said  road  to  Bellows 
Falls,  as  required  in  the  original  Act,  they  shall  enjoy  said  portion  of  the  road. 

Sect.  3  authorizes  said  first  named  Company  to  lease  or  sell  their  corporate  property 
to  the  last  named  Company. 

Sect.  4  enacts  that  the  Supreme  Court  shall,  on  application,  fix  the  rates  of  trans- 
portation of  the  U.  S.  Mail. 

Sect.  5  directs  the  Brattleboro'  and  Fitchburg  Railroad  Company  to  make  a  com- 
modious connection  with  a  Company  to  be  chartered  in  Massachusetts,  from 
Greenfield  to  the  south  line  of  this  State,  and  to  permit  them  to  use  their  road,  on 
making  fair  compensation  therefor. 

Sect.  6  makes  said  Connecticut  River  Railroad  Company  amenable  to  such  general 
laws  respecting  railroads  as  may  be  passed,  unless  they  are  inconsistent  with  this 
Act,  or  other  Acts  relating  to  this  Company.  [Vide  the  Charter  of  the  Connecticut 
and  Passiimpsic  Rivers  Railroad  Company,  ante,  p.  767.] 

No.  6  of  the  Private  Acts  of  1848  contains  an  additional  Act. 

It  provides  that  Section  2  of  the  charter  shall  be  amended  so,  that  if,  within  six 
years  from  October  31,  1843,  the  Company  shall  not  build  and  put  in  operation 
said  road,  this  Act  shall  be  void. 


800  BRATTLEBORO'    AND   FITCHBURG  RAILROAD    COMPANY. 


No.  64  of  the  Private  Acts  of  1849  contains  an  Additional  Act. 

Sect.  1  authorizes  this  Company  to  unite  ^vith  the  Vermont    and  Massachusetts 

Railroad  Company,  under  the  latter  name. 
Sect.  2  requires  one  or  more  of  the  Directors  to  reside  in  this  State,  upon  whom 

process  may  be  served. 
Sect.  3  requires  separate  accounts  to  be  kept  of  receipts  and  expenditures  in  each 

State,  a  Commissioner  being  appointed  in  each  State  to  apportion  them. 
Sect.  4  makes  said  Company  subject  to  the  provisions  of  said  Act,  and  the  general 

laws  of  this  State. 
Sect.  5  requires  the  assent  of  both  Corporations,  at  meetings  held  for  that  purpose, 

before  this  Act  can  take  eifect. 
Sect.  6  authorizes  said  Company  to  lease  or  sell  said  road,  or  a  part  thereof,  to  the 

Connecticut  River  Railroad  Company,  or  any  other  Railroad  Company. 
Sect.  7  makes  this  Corporation  subject  to  the  general  laws  respecting  railroads. 


Laws  of  1843,  No.  oQ. 
An  Act  to  incorporate  the  Brattlcboro'  and  Fitchburgh  Railroad  Company. 

Sect.  1.  It  is  hereby  enacted^  c5'c.  That  Gardner  C.  Hall,  Cal- 
vin Townsley,  Nathan  B.  Wilhston,  Ferdinand  Tyler,  John  H. 
Wheeler,  Samuel  Dutton,  John  R.  Blake,  Larkin  G,  Mead,  Henry 
Smith,  Zelotes  Dickinson,  Jonathan  D.  Bradley,  Paul  Chase, 
Charles  Chapin,  and  Asa  Keyes,  of  Brattleboro',  Cyrus  Washburn, 
Marshall  Whithead,  and  Jarvis  F.  Burroughs,  of  Vernon,  their 
associates  and  successors,  are  constituted  a  body  corporate,  by  the 
name  of  the  Brattleboro'  and  Fitchburgh  Railroad  Company,  with 
the  right  of  building  a  raih'oad,  with  a  single  or  double  track,  from 
the  east  village  of  said  Brattleboro'  southerly,  to  the  south  or  east 
line  of  the  State,  where  it  will  most  conveniently  meet  the  Fitch- 
burgh Railroad,  on  the  line  of  this  State,  for  the  purpose  of  trans- 
porting persons  and  property  thereon,  by  steam  or  otherwise  ;  and 
by  that  name  may  sue  and  be  sued,  may  have  a  seal,  and  may 
have  all  the  rights  and  privileges  incident  to  corporations  for  the 
purpose  aforesaid. 

Sect.  2.  If  said  company  shall  not,  within  five  years  from  the 
passing  of  this  Act,  build  and  put  in  operation  said  road,  then 
said  company  shall  be  dissolved,  and  this  Act  be  void. 

Sect.  3.  The  capital  stock  of  said  company  shall  be  three  hun- 
dred thousand  dollars ;  which  may  be  increased  to  such  an  amount 


VERMONT.  SOI 

as  may  be  necessary  to  complete  said  road,  and  furnish  all  neces- 
sary buildings,  carriages  and  other  needful  appurtenances  thereto; 
and  said  capital  stock  shall  be  divided  into  shares  of  fifty  dollars 
each,  and  shall  be  deemed  personal  property,  and  may  be  transfer- 
red in  the  manner  which  said  company  may  prescribe  by  their  by- 
laws. 

Sect.  4.  Gardner  C.  Hall,  Calvin  Townsley,  Henry  Smith,  Lar- 
kin  G.  Mead,  John  R.  Blake,  John  H.  Wheeler,  and  Paul  Chase, 
shall  be  commissioners,  who  shall,  within  one  year  from  the  pass- 
ing of  this  Act,  at  some  suitable  place  in  said  Brattleboro'  and  at 
such  other  places  as  they  may  deem  proper,  open  books  for  sub- 
scription to  the  capital  stock  of  said  company,  giving  twenty  days' 
notice  thereof  in  all  the  newspapers  printed  in  the  county  of  Wind- 
ham ;  and  shall  call  all  other  meetings  of  said  company  neces- 
sary for  the  due  organization  of  the  same ;  as  soon  as  the  capital 
stock  shall  be  subscribed,  the  commissioners  shall  call  a  meeting 
of  the  stockholders,  giving  twenty  days'  notice  thereof,  by  publi- 
cation as  aforesaid,  to  choose  seven  directors ;  and  said  directors 
shall  be  chosen  by  such  of  the  stockholders  as  shall  attend  in  per- 
son or  by  proxy,  each  stockholder  having  as  many  votes  as  he 
shall  own  shares  ;  and  said  commissioners  shall  be  inspectors  of 
the  first  election  of  directors,  and  shall  certify  the  names  of  those 
elected,  and  deliver  the  books  of  subscription  to  such  directors ; 
and  the  time  and  place  of  holding  the  first  meeting  of  the  directors 
shall  be  fixed  by  said  commissioners ;  a  new  election  of  directors 
shall  be  made  annually,  at  such  time  and  place  as  the  board  of 
directors  shall  appoint,  giving  twenty  days'  notice  of  said  meeting, 
by  a  publication  thereof  in  some  newspaper  printed  in  said  county 
of  Windham  ;  said  directors  may  appoint  an  engineer,  and  cause 
such  examinations  and  surveys  of  said  road  to  be  made  as  they 
.  may  deem  necessary  ;  and  said  directors,  after  making  such  exam- 
inations and  surveys,  shall,  by  certificates  under  their  hands  and 
seals,  designate  the  line  or  route  on  which  said  railroad  shall  be 
made;  and  they  shall  cause  the  same  to  be  recorded  in  the  several 
town  clerks'  offices  in  the  towns  through  which  said  road  shall 
pass  ;  said  company  may  make  any  alterations  in  the  route  of  said 
road,  from  time  to  time,  always  causing  the  same  to  be  recorded  in 
the  town  clerk's  office  in  the  town  where  such  alterations  shall  be 
made  ;  the  expense  of  such  examinations  and  surveys,  as  well  as 
all  preliminary  surveys  now  making  or  made,  and  all  incidental 
expenses  relating  thereto,  shall  be  paid  by  said  company. 


802  BRATTLEBORO'    AND   FITCHBURG   RAILROAD    COMPANY. 

Sect.  5.  The  directors,  as  soon  as  may  be  after  their  election, 
shall,  annually,  elect  from  their  own  number,  a  president  and  vice 
president  ;  and  in  case  of  the  death,  resignation,  or  absence  of  the 
president,  the  vice-president  shall  preside  until  another  president 
shall  be  chosen ;  and  in  case  of  the  death  or  resignation  of  any 
officer  of  the  company,  the  directors  may  fill  such  vacancy  until 
the  next  annual  election. 

Sect.  6.  Seven  directors  shall  form  a  board,  who  shall  be  com- 
petent to  transact  ail  the  business  of  said  company ;  they  may 
make  such  by-laws,  rules,  and  regulations  as  they  shall  deem  need- 
ful and  proper,  touching  the  management  and  disposition  of  the 
stock,  property  and  effects  of  said  company,  the  transfer  of  shares, 
the  duties  and  conduct  of  their  officers,  the  election  of  directors, 
and  all  other  matters  appertaining  to  the  concerns  of  said  com- 
pany ;  they  may  also  appoint  a  clerk  and  treasurer,  who  shall  give 
bonds  for  the  faithful  discharge  of  their  duties,  and  as  many  ser- 
vants as  they  shall  think  best,  and  fix  the  salary  and  compensa- 
tion of  every  officer  and  servant  of  said  company. 

Sect.  7.  Said  corporation  may,  by  their  engineers  and  agents, 
enter  upon  the  route  so  to  be  designated  as  aforesaid  by  said 
directors,  as  the  line  or  route  upon  which  to  make  said  road,  and 
take  possession  of  and  use  all  such  land  and  real  estate  as  may  be 
necessary  for  the  construction  and  maintenance  of  said  road,  and 
the  accommodation  requisite  to  the  same;  and  may  take  and  hold 
all  grants  and  donations  of  land  and  real  estate  that  may  be  made 
to  said  company  for  the  purposes  herein  granted  :  Provided,  that 
all  lands  and  real  estate  thus  entered  upon,  taken  possession  of, 
and  used  by  said  company,  and  not  granted  as  above  mentioned, 
shall  be  purchased  by  said  company  of  the  owner  thereof;  and  in 
case  of  disagreement  as  to  the  price,  the  county  court  for  the 
county  of  Windliam,  upon  application  of  either  party,  shall  appoint 
three  disinterested  commissioners  to  determine  the  damages  which 
the  owner  of  the  land  or  real  estate  so  entered  upon  by  said  com- 
pany may  have  sustained,  or  shall  be  likely  to  sustain,  by  the 
occupation  thereof,  and  said  commissioners  shall  hear  said  claim 
for  damages,  giving  the  parties  ten  days'  notice  of  the  time  and 
place  of  hearing,  and  shall  deliver  to  the  parties  a  written  state- 
ment of  their  award  in  the  premises,  with  a  description  of  the  land 
by  them  appraised,  and  upon  the  payment  of  such  damages,  toge- 
ther with  the  costs  and  charges  of  such  appraisal,  the  said  com- 
missioners being  allowed  three  dollars  per  day  each,  by  said  com- 


VERMONT.  803 

pany,  or  upon  depositing  in  either  of  the  banks  in  said  Windham 
county,  the  amount  of  such  damages,  costs,  and  charges,  to  the 
credit  of  the  person  to  whom  said  commissioners  have  awarded  the 
same,  and  giving  such  person  notice  thereof,  said  company  shall 
be  deemed  to  be  seised  and  possessed  of  such  land  or  real  estate, 
so  appraised  by  said  commissioners.  And  in  case  the  owner  of 
any  land  or  real  estate,  taken  by  said  company,  shall  be  a  married 
woman,  an  infant,  idiot,  or  insane,  or  shall  reside  out  of  this  State, 
then  said  company  shall  cause  such  damages  to  be  determined  in 
the  manner  above  prescribed,  and  shall  pay  such  damages  to  such 
last  mentioned  owners,  whenever  the  same  shall  be  lawfully 
demanded,  with  the  interest  thereon,  which  said  amount  and 
interest  shall  be  a  specific  lien  on  .the  real  estate  of  said  com- 
pany, and  shall  be  preferred  to  any  other  demand  against  said 
company. 

Sect.  8.  Should  said  company,  or  the  owner  of  any  land  or  real 
estate,  feel  aggrieved  by  the  decision  of  said  commissioners,  either 
party  may,  within  ninety  days  from  the  making  of  said  decision 
and  notice  thereof,  or  from  the  removal  of  the  disabilities  men- 
tioned in  section  seven,  or  from  the  return  of  such  non-resident  to 
this  State,  appeal  to  the  county  court  of  said  Windham  county, 
and  the  decision  of  said  court  shall  be  final  thereon,  and  said 
court  shall  tax  costs  for  or  against  either  party,  as  shall  be  just  and. 
equitable. 

Sect.  9.  Said  company  may  take  toll  for  their  sole  benefit,  for 
all  passengers  and  property  transported  on  said  road,  at  such  rates 
per  mile  as  may  from  time  to  time  be  established  by  the  board  of 
directors;  all  matters  in  relation  to  the  construction  of  carriages, 
and  the  transportation  of  passengers  and  property  upon  said  road, 
shall  be  under  the  direction  of  said  board  of  directors  :  Provided, 
that  the  supreme  court,  at  any  stated  session  thereof  in  the  county 
of  Windham,  upon  the  application  of  ten  freeholders  in  any  town 
or  towns  through  which  said  road  may  pass,  may  alter  or  establish 
the  rates  of  toll  upon  said  road,  for  any  term  not  exceeding  ten 
years  at  any  one  time,  and  in  such  manner  that  said  company 
shall  not  receive  less  than  ten  per  cent,  on  the  amount  of  capital 
stock,  together  with  all  charges  and  expenses  of  said  company. 

Sect.  10.  The  board  of  directors  may  erect  toll-houses,  and 
demand  and  receive  toll  upon  said  road  when  finished ;  said  com- 
pany shall  keep  true  accounts  of  all  expenditures  made  in  con- 
structing said  road,  and  keeping  the  same  in  repair;  and  also  of 


804  BRATTLEBORO'    AND    FITgnBURa   RAILROAD    COMPANY. 

all  moneys  received  for  tolls,  or  from  other  sources  of  profit ;  and 
the  books  of  said  company  shall  at  all  times  be  open  to  the  inspec- 
tion of  any  committee  of  the  legislature  or  of  the  supreme  court ; 
and  any  such  committee  may  examine  any  officer  of  said  com- 
pany, under  oath,  relative  to  the  receipts  and  expenditures  of  said 
company. 

Sect.  11.  Said  company  shall  always  keep  exposed  to  view,  at 
all  places  where  they  shall  receive  passengers  or  freight,  a  sign 
with  the  rates  of  toll  legibly  printed  or  written  thereon. 

Sect.  12.  If  any  person  shall  wilfully,  maliciously,  or  wantonly, 
obstruct  the  passage  of  any  carriage  on  said  road,  or  in  any  way 
injure  or  destroy  said  road,  or  any  part  thereof,  or  any  thing 
belonging  thereto,  or  any  implement  or  material  to  be  employed  in 
the  construction  of  said  road,  or  for  the  use  of  the  same,  he,  and 
every  person,  aiding  or  abetting  therein,  shall  forfeit  and  pay  to 
said  company,  for  every  such  offence,  treble  such  damages  as  shall 
be  found  by  any  justice,  court,  or  jury,  before  whom  trial  shall  be 
had  ;  to  be  recovered  before  any  justice  or  court  proper  to  try  the 
same;  and  the  person  so  offending,  shall  be  liable  to  indictment  by 
the  grand  jury  for  said  Windham  county,  and,  on  conviction 
thereof,  shall  pay  a  fine,  not  exceeding  one  hundred  dollars,  to  the 
use  of  the  State. 

Sect.  13.  If  said  railroad  shall  cross  any  private  way,  the  com- 
pany shall  so  construct  the  same  as  not  to  obstruct  the  safe  and 
convenient  use  of  such  private  way;  and  if  said  railroad  shall 
not  be  so  constructed,  the  party  aggrieved  shall  be  entitled  to  his 
action  on  the  case,  in  any  court  proper  to  try  the  same,  and  shall 
recover  his  reasonable  damages  for  such  injury  ;  if  said  railroad 
shall  cross  any  highway,  said  railroad  shall  be  so  constructed  as 
not  to  impede  or  obstruct  the  safe  and  convenient  use  of  said 
highway ;  and  said  company  may  raise  or  lower  such  highway 
or  private  way,  so  that  said  railroad,  may  conveniently  pass 
over  or  under  the  same;  and  if  said  company  shall  raise  or  lower 
any  highway,  or  private  way,  and  shall  not  do  the  same  to  the 
satisfaction  of  the  selectmen  of  the  town  in  which  said  highway 
or  private  way  is  situated,  such  selectmen  may  require,  in  writing, 
of  said  company,  such  alteration  or  amendment  as  they  may 
think  necessary;  and  if  the  required  amendment  be  reasonable 
and  proper,  and  the  said  company  shall  unreasonably  neglect  to 
make  the  same,  such  selectmen  may  proceed  to  make  such  alter- 
ation or  amendment,  and  may  prosecute  to  final  judgment  and  exe- 


VERMONT.  805 

ciition,  in  any  court  proper  to  try  the  same,  any  action  of  the  case 
against  said  company,  and  shall  therein  recover  reasonable  dam- 
ages, for  all  charges,  payments,  labor,  and  services,  occasioned  by 
making  such  alteration  or  amendment,  with  costs  of  suit.  If  said 
railroad  shall  cross  any  stream  or  watercourse,  said  company  may 
construct  their  road  upon  or  across  the  same  :  Provided,  said  com- 
pany shall  restore  said  stream  or  watercourse  to  its  former  state,  or 
in  such  manner  as  not  to  impair  its  usefulness.  And  the  said  com- 
pany shall  maintain  a  sufficient  fence  on  each  side  of  said  road, 
through  its  whole  length.  Provided,  that  nothing  in  this  Act 
shall  be  so  construed  as  to  prevent  the  crossing  of  said  road 
with  teams  or  otherwise,  in  such  a  manner  as  not  to  injure  said 
road. 

Sect.  14.  The  legislature  may  grant  to  any  other  railroad  com- 
pany the  right  to  enter  with  another  railroad,  at  any  point  of  said 
road  granted  by  this  Act,  using  a  whole  or  a  part  of  the  same,  pay- 
ing for  the  right  of  so  using  the  same,  such  rate  of  toll  as  the  legis- 
lature may,  from  time  to  time,  prescribe,  and  complying  with 
such  regulations  as  may  be  established  by  said  company  under  the 
provisions  of  this  Act. 

Sect.  15.  The  State  may,  at  any  time,  after  the  expiration  of 
fifty  years  from  the  completing  of  said  railroad,  purchase  the  same 
of  said  company,  with  all  the  franchises,  property,  rights,  and 
privileges  of  said  company,  by  paying  them  therefor  the  amount 
expended  in  making  said  road,  and  keeping  the  same  in  repair,  and 
all  other  expenses  relating  thereto;  and  if,  at  the  time  of  such  pur- 
chase, said  company  shall  not  have  received  an  income  equal  to 
ten  per  cent,  per  annum  on  the  original  cost,  over  and  above  all 
expenses  for  repairs,  together  with  all  other  expenses  relating 
thereto,  the  State  shall  pay  said  company  such  sum,  that,  with  the 
tolls  and  profits  of  every  kind,  shall  be  equal  to  ten  per  cent,  per 
annum  on  the  cost  of  said  road,  from  the  date  of  the  payment  by 
the  stockholders  to  the  time  of  such  purchase. 

Sect.  16.  The  board  of  directors  may  require  the  payment  of  the 
sums  subscribed  to  the  capital  stock,  at  such  times  and  in  such 
proportions,  as  they  may  think  best,  under  the  penalty  of  for- 
feiting all  previous  payments  thereon,  giving  notice  of  the  time 
and  place  of  such  payments,  thirty  days  previous  thereto,  in  some 
newspaper  printed  in  said  Windham  county,  and  by  letter,  through 
the  post  office,  to  each  stockholder. 

Sect.  17.  The  commissioners  named  in  section  four,  may,  at 

68 


806  ERATTLEBORO'    AND    FITCHBURGH    RAILROAD    COMPAXY. 

the  time  of  subscription  to  the  capital  stock,  require  such  portions 
of  the  stock  to  be  paid  in  cash,  as  they  may  deem  proper. 

Sect.  18.  This  Act  shall  take  effect  from  its  passage. 

Sect.  19.  The  office  of  the  clerk  of  said  company  shall  be  kept 
in  this  State. 

Sect.  20.  Said  company  may  unite  with  the  Fitchburgh  Rail- 
road Company,  or  with  any  company  that  may  be  chartered 
between  Fitchburgh  and  Brattleboro',  in  any  way  not  inconsist- 
ent with  the  laws  of  this  State  which  said  company  may  deem 
expedient,  to  promote  the  general  interest  of  the  railroad  from  Bos- 
ton to  Brattleboro'.     Approved,  October  31,  1843. 

La-ws  of  1848,  No.  6. 

An  Act  to  amend  "  An  Act  to  incoqiorato  the  Brattleboro'  and  Fitchburgh  Railroad 

Company." 

It  is  hereby  enacted,  (|'c.  That  the  second  section  of  the  Act,  of 
which  this  is  an  amendment,  is  hereby  altered,  so  that  the  same 
shall  read  as  follows,  to  wit : 

If  the  said  company  shall  not,  within  six  years  from  the  thirty- 
first  day  of  October,  A.  D.  1843,  build,  and  put  in  operation  said 
road,  then  said  company  shall  be  dissolved,  and  this  Act  of  incor- 
poration shall  be  void.     Approved,  October  27,  1848. 

Laws  of  1849,  Xo.  64. 

An  Act  to  amend  the  "  Act  to  incorporate  the  Brattleboro'  and  Fitchburgh  Railroad 

Company." 

Sect.  1.  It  is  hereby  enacted,  c5'*c.  That  the  said  Brattleboro'  and 
Fitchburgh  Railroad  Company  are  hereby  authorized  to  unite  with 
the  Vermont  and  Massachusetts  Railroad  Company,  leading  from 
the  south  line  of  this  State  to  Fitchburgh,  in  the  State  of  Massa- 
diusetts ;  and  when  the  said  companies  shall  have  united,  the 
stockholders  of  one  company  shall  become  the  stockholders  in  the 
other,  and  the  two  companies  shall  constitute  one  corporation, 
under  the  name  of  the  Vermont  and  Massachusetts  Railroad  Com- 
pany, and  all  the  franchises,  property,  powers,  and  privileges, 
granted  or  acquired  under  the  authority  of  the  said  States,  respect- 
ively, shall  be  held  and  enjoyed  by  all  the  said  stockholders,  in 
proportion  to  the  amount  of  property  held  by  them,  respectively, 


VERMONT.  807 

in  either  or  both  of  said  corporations ;  or,  if  it  sliall  be  deemed  a 
more  convenient  mode  of  union,  the  said  Vermont  and  Massachu- 
setts Railroad  Company  may  purchase  and  hold  the  shares  of 
capital  stock  in  said  Brattleboro'  and  Fitchburgh  Railroad. 

Sect.  2.  One  or  more  of  the  directors,  or  other  officers  of  said 
Vermont  and  Massachusetts  Railroad  Company,  as  is  provided  in 
the  precedhig  section,  shall,  at  all  times,  be  an  inhabitant  of  this 
State,  on  whom  process  against  said  company  may  be  legally 
served;  and  said  company  shall  be  held  to  answer,  in  the  juris- 
diction where  the  service  is  made,  and  the  process  is  returnable. 

Sect.  3.  The  said  company  shall  keep  separate  accounts  of  their 
expenditures  in  Massachusetts  and  Vermont,  and  one  commis- 
sioner shall  be  appointed  by  the  Governor  of  each  State,  in  which 
said  road  extends,  to  hold  their  office  for  the  term  of  four  years, 
and  to  be  reasonably  compensated  by  said  company,  who  shall 
decide  what  portion  of  all  expenditures  of  said  company,  and  of 
its  receipts  and  profits,  properly  pertain  to  that  part  of  the  road 
within,  and  that  part  without,  this  State  ;  and  the  annual  report, 
required  to  be  made  to  the  legislature,  shall  be  approved  by  the 
said  commissioners,  and  shall  show  the  expenditures,  receipts,  and 
profits,  belonging  to  the  respective  parts  of  said  road,  in  each  of 
the  States  aforesaid. 

Sect.  4.  The  said  company,  and  the  stockholders  therein,  so  far 
as  their  road  shall  be  situated  in  Vermont,  shall  bis  subject  to  all 
the  duties  and  liabilities  of  the  Brattleboro'  and  Fitchburgh  Rail- 
road Company,  and  the  general  laws  of  this  State,  to  the  same 
extent  as  the  said  Brattleboro'  and  Fitchburgh  Railroad  Company, 
and  the  stockholders  therein,  would  have  been,  had  the  whole  line 
of  said  railroad  been  located  within  the  limits  of  this  State. 

Sect.  5.  The  provisions  of  this  Act  shall  not  take  effect,  until 
they  shall  have  been  accepted  by  the  stockholders  of  said  corpora- 
tions, respectively,  at  legal  meetings  held  for  that  purpose. 

Sect.  6.  Said  Vermont  and  Massachusetts  Railroad  Company, 
united  as  aforesaid,  may  lease  or  sell  that  part  of  their  said  road 
lying  within  this  State,  to  the  Connecticut  River  Railroad  Com- 
pany, or  any  other  railroad  company,  or  may  make  any  other 
contract  or  arrangement  with  any  other  company,  for  the  running 
of  that  part  of  said  road  lying  within  this  State. 

Sect.  7.  This  corporation  shall  be  subject  to  any  general  rail- 
road law,  that  may  pass  at  this  or  any  future  session  of  the  Gene- 
ral Assembly  of  this  State.     Approved^  October  26th,  1849. 


808  VERMONT   AND    CANADA   RAILROAD    COMPANY. 


VERMONT  AND    CANADA   RAILROAD    COMPANY. 

INCORPORATED    IN    VERMONT    IN    1845. 

No,  25  of  the  Private  Acts  of  1845  contains  the  Charter. 

Sect.  1  decribes  the  location  of  the  route. 

Sect.  2  fixes  the  respective  times  of  commencing  and  completing  the  road. 

Sect.  3  limits  the  capital  stock  to  $1,000,000,  in  shares  of  $100  each,  Avith  power 

to  increase  it,  if  necessary. 
Sect.  4  appoints  Commissioners  to  receive  subscriptions  to  the  capital  stock,  and  to 

organize  the  Company. 
Sect.  5  prescribes  the  mode  of  electing  the  President. 
Sect.  6  authorizes  the  election  of  directors  at  another  time,  if  not  elected  as  by 

Section  4. 
Sect.  7  defines  the  powers   and  duties  of  the  officers,  authorizes  the  Company  to 

take  land  for  the  purposes  of  the  road,  establishes  the  manner  of  estimating  land 

damages,  and  provides  for  the  appointment  of  Commissioners  for  that  purpose. 
Sect.  8  settles  the  form  of  appeal  from  the  decision  of  said  Commissioners. 
Sect.  9  authorizes  the  Company  to  build  a  single  or  double  track. 
Sect.  10  empowers  the  Company  to  fix  the  rates  of  toll,  providing,  however,  for  an 

appeal  to  the  Supreme  Court. 
Sect.  1 1  requires  the  Company  to  keep  true  books  of  account. 
Sect.  12  compels  the  Company  to  pubUcly  post  their  rates  of  toll. 
Sect.  13  affixes  a  penalty  for  damages  done  to  said  road,  and  defines  the  mode  of 

recovering  the  same. 
Sect.  14  prescribes  the  manner  of  crossing  private  ways,  and  of  recovering  damages 

therefor. 
Sect.  15  authorizes  the  Champlain  and  Connecticut  River  Railroad  Company,  and 

the  Vermont  Central  Railroad  Company  to  enter  upon  this  road,  by  making  pro- 
per compensation  therefor. 
Sect.  16  provides  for  the  purchase,  by  the  State,  of  the  rights  and  franchise  of  the 

Company,  after  the  expiration  of  fifty  years. 
Sect.  17  gives  to  the   Directors  power  to  require  paj'ment  of  subscriptions  to  the 

capital  stock,  when  they  shall  think  proper. 
Sect.  19  authorizes  this  Company  to   enter  upon  land  contiguous  to  the  route,  for 

the  purpose  of  procuring  materials  for  building  the  road. 
Sect.  20  directs  this  Act  to  be  construed  as  a  Public  Act. 
Sect.  21  appoints  the  time  of  making  the  annual  report. 
Sect.  23  provides  that  the  Supreme  Court  shall,  on   application  therefor,  regulate 

the  rates  of  transportation  of  the  United  States  Mail. 

No.  20  of  the  Private  Acts  of  1847  repeals  part  of  Section  1  of  the  Act  of  incorporation. 


VERMONT.  809 

La-r'S  op  1845,  No.  25. 
An  Act  to  incorporate  the  Vermont  and  Canada  Railroad  Company. 

Sect.  1.  It  is  hereby  enacted,  ^'c.  That  Benjamin  Swift,  John 
Smith,  Lawrence  Brainerd,  William  O.  Gadcomb,  Victor  At  wood, 
Abel  Houghton,  Gardner  G.  Smith,  Romeo  H.  Hoyt,  Samuel  W. 
Keyes,  Stephen  S.  Keyes,  Timothy  Foster,  George  Green,  Brad- 
ley Barlow,  Peter  Chase,  Jacob  Wead,  William  Green,  Hn-am  Bel- 
lows, Homer  E.  Hubbell,  Isaac  Patrick  Clark,  Alvah  Sabin,  Joseph 
Clark,  Albert  G.  Whittemore,  Daniel  H.  Onion,  Oscar  A.  Burton, 
Horace  Eaton,  William  Clapp,  and  Asa  Owen  Aldis,  and  their 
associates  and  successors,  are  constituted  a  corporation,  by  the 
name  of  the  Vermont  and  Canada  Railroad  Company,  for  the  pur- 
pose and  with  the  right  of  building  a  railroad,  with  a  single  or 
double  track,  from  some  point  in  Highgate,  on  Canada  line,  thence 
through  the  village  of  St.  Albans,  to  some  point  or  points  in  Chit- 
tenden county,  most  convenient  for  meeting,  at  the  village  of  Bur- 
lington, a  railroad  to  be  built  on  the  route  described  in  the  Act  to 
incorporate  the  Champlain  and  Connecticut  River  Railroad  Com- 
pany, and  to  some  point  or  points  in  Chittenden  county  most  con- 
venient for  meeting  a  railroad  to  be  built  on  the  route  described  in 
the  Act  to  incorporate  the  Vermont  Central  Railroad  Company,  and 
with  the  right,  and  for  the  further  purpose,  of  extending  a  railroad 
from  any  point  in  the  aforesaid  route  to  some  point  on  the  western 
shore  of  Grand  Isle  county,  passing  across  the  sandbar  to  South 
Hero,  as  the  said  company  may  hereafter  designate  ;  to  carry  per- 
sons or  property  on  the  said  road,  by  the  power  of  steam,  or  other- 
wise, and  by  that  name  may  sue  and  be  sued,  may  have  a  seal, 
and  shall  have  all  the  rights  incident  to  corporations. 

Sect.  2.  If  the  company  shall  not,  within  five  years,  com- 
mence the  construction  of  the  road,  and  shall  not  within  thirteen 
years  complete  and  put  in  operation  said  road,  coimecting  the  rail- 
roads, to  be  built  by  the  Champlain  and  Connecticut  River  Railroad 
Company  and  by  the  Vermont  Central  Railroad  Company,  with 
Canada  line,  then  this  corporation  shall  cease,  and  this  Act  be 
void :  Provided,  that  if  either  of  the  railroads  to  be  built  by  the 
Champlain  and  Connecticut  River  Railroad  Company,  or  by  the 
Vermont  Central  Railroad  Company,  shall  fail  to  be  built  and  com- 
pleted, then  this  company  shall  not  be  required  to  build  to  the 

68* 


810  VERMONT   AND    CANADA   RAILROAD    COMPANY. 

points  of  connection  with  such  road  so  failing  to  be  built ;  and  this 
company  shall  have  at  least  three  years  after  such  roads  are  com- 
pleted, to  connect  with  thein  as  aforesaid. 

Sect.  3.  The  capital  stock  of  the  company  shall  be  one  million 
of  dollars,  which  may  be  increased  by  the  said  company,  to  an 
amount  sufficient  to  complete  the  road,  and  furnish  carriages  and 
necessary  apparatus  for  the  convenient  and  profitable  use  of  the 
road,  which  capital  shall  be  divided  into  shares  of  one  hundred 
dollars  each,  and  shall  be  deemed  personal  property,  and  be  trans- 
ferable in  such  manner  as  the  company  shall,  by  their  by-laws, 
direct. 

Sect,  4.  Samuel  W.  Keyes,  Stephen  S.  Keyes,  Abel  Houghton, 
Lawrence  Brainerd,  John  Smith,  Hiram  Bellows,  Joseph  Clark, 
Lemuel  B,  Piatt,  and  Daniel  H.  Onion,  shall  be  commissioners, 
whose  duty  it  shall  be,  within  five  years,  to  open  books  for  receiv- 
ing subscriptions  to  the  capital  stock  of  the  said  company,  at  some 
convenient  places  in  Franklin  and  Chittenden  and  Grand  Isle 
counties,  and  in  such  other  places  as  they  may  deem  proper;  and 
twenty  days'  notice  shall  be  given  by  them  of  the  time  and  place 
of  opening  the  said  books,  by  publishing  the  same  in  some  news- 
paper printed  in  each  of  the  counties  of  Chittenden  and  Franklin; 
and  when  one  thousand  shares  shall  be  subscribed,  or  as  soon 
thereafter  as  the  commissioners  shall  direct,  the  commissioners 
may  give  a  like  notice  for  the  meeting  of  the  stockholders,  at  such 
time  and  place  as  the  commissioners  may  appoint,  to  choose  seven 
directors,  and  such  election  shall  then  be  made  by  the  stockholders 
who  may  attend  for  that  purpose,  either  in  person  or  by  proxy; 
each  share  of  the  stock  shall  entitle  a  stockholder  to  one  vote ; 
the  commissioners  shall  be  inspectors  of  the  first  election  of  direct- 
ors, and  shall  certify  the  names  of  those  duly  elected,  and  deliver 
to  such  directors  the  books  of  subscription,  and  all  sums  of  money 
deposited  with  them  on  all  shares  subscribed  as  aforesaid ;  the 
time  and  place  for  the  first  meeting  of  the  directors  shall  be 
fixed  by  the  commissioners;  a  new  election  shall  be  made  annu- 
ally, at  such  time  and  place  as  the  directors  shall  appoint,  giv- 
ing thirty  days'  notice  thereof  in  one  newspaper  printed  in  each 
of  the  counties  of  Franklin  and  Chittenden,  and  in  such  other 
papers  as  they  may  deem  proper.  The  directors  may  cause  such 
examinations  and  surveys  of  the  said  road  to  be  made,  as  may  be 
necessary  to  enable  them  to  determine  upon  the  best  route  for  a 
road  between  the  points  mentioned;  and  the  directors,  or  a  major 


VERMONT.  811 

part  of  them,  after  such  examinations  and  surveys  shall  be  made, 
shall  designate  the  route  which  they  shall  deem  the  most  advan- 
tageous for  the  road  through  each  town,  and  make  a  certificate 
thereof,  ruider  their  hands  and  seals,  and  cause  the  certificate  to  be 
recorded  in  the  town  clerk's  office  in  each  town  through  which  the 
road  shall  pass ;  which  route  so  designated  and  certified,  shall  be  the 
route  on  which  the  company  shall  construct  and  make  their  single 
or  double  track.  And  the  corporation,  from  time  to  time,  may  make 
such  alterations  in  the  course  of  the  road  as  they  may  deem  expe- 
dient, causing  a  certificate  of  the  same  to  be  recorded  in  the  office 
of  the  town  clerk  of  each  town  in  which  the  alteration  is  made,  the 
expenses  of  which  surveys,  and  all  incidental  expenses  relating 
thereto,  shall  be  paid  by  the  corporation. 

Sect.  5.  The  directors  shall  elect  from  their  own  number,  a 
president,  and  vice-president;  the  president,  or,  in  case  of  his 
absence,  death,  or  inability,  the  vice-president  shall  preside  at  all 
meetings  of  the  directors  and  stockholders;  and  in  case  of  the  death, 
or  resignation,  of  the  president  or  any  director,  the  vacancy  may  be 
filled  for  the  remainder  of  the  year,  by  such  person,  being  a  stock- 
holder, as  the  directors  shall  choose. 

Sect.  6.  If  an  election  of  directors  should  not  be  made  on  any 
day  as  provided  in  this  Act,  the  company  shall  not  thereby  be  dis- 
solved, but  such  election  may  be  made  at  any  other  time  directed 
by  the  by-laws  of  the  company,  and  the  old  directors  shall  hold 
their  offices  until  new  ones  are  elected. 

Sect.  7.  Four  directors  shall  form  a  board,  who  shall  be  com- 
petent to  transact  all  the  business  of  the  company ;  who  may 
make  such  by-laws  and  regulations  as  may  be  necessary  for  the 
management  and  disposition  of  the  stock,  property,  and  effects  of 
the  corporation,  the  transfer  of  shares,  the  duties  and  conduct 
of  their  officers  and  servants,  the  election  of  directors,  and  for 
all  other  matters  relating  to  the  company,  and  may  appoint  a 
clerk  and  treasurer,  and  fix  their  salaries,  and  the  salary  of  the 
president  and  other  officers  and  servants  of  the  company.  The 
treasurer  shall  give  bonds  to  the  corporation,  Avith  sureties,  to  the 
satisfaction  of  the  directors,  in  a  sum  not  less  than  twenty  thousand 
dollars,  for  the  faithful  discharge  of  his  trust.  The  corporation,  by 
their  officers  or  servants,  may  enter  upon  the  route  so  designated 
for  said  road,  to  lay  out  the  road,  not  exceeding  six  rods  in  width, 
through  ihe  whole  length  of  the  route ;  may  enter  upon,  take  pos- 
session of,  and  use  all  such  lands  and  real  estate,  as  may  be  neces- 


812  VERMONT   AND    CANADA   RAILROAD    COMPANY. 

sary  for  the  construction  and  maintenance  of  their  railroad,  and 
for  the  requisite  accommodation  of  the  same ;  and  may  take  and 
hold  all  such  grants  and  donations  of  real  estate,  as  may  be  made 
to  the  company,  for  their  use  and  benefit.  All  lands  thus  entered 
upon  and  used  by  the  said  corporation,  which  are  not  gifts,  shall 
be  purchased  by  the  corporation  of  the  owner  or  owners  of  the 
same  ;  and  in  case  the  parties  disagree  upon  the  price  of  said  lands, 
and  before  making  any  portion  of  the  road  upon  such  lands,  it  shall 
be  the  duty  of  the  judges  of  the  county  court  of  the  county  in  which 
such  lands  lie,  upon  the  petition  of  the  said  corporation,  to  appoint 
three  disinterested  commissioners,  who  shall  determine  the  dam- 
ages which  the  owner  or  owners  of  said  lands,  so  entered  upon, 
may  have  sustained,  or  shall  be  likely  to  sustain,  by  the  occu- 
pation of  the  same  :  and,  upon  payment  of  such  damages,  with  the 
expenses  attending  the  same,  the  commissioners  being  allowed  three 
dollars  per  day  each,  while  thus  employed,  or,  upon  said  corpo- 
ration depositing  in  any  bank,  either  in  Franklin  or  Chittenden 
county,  to  the  credit  of  the  person,  or  persons,  to  whom  an  award 
may  have  been  made,  the  amount  of  said  damages,  and  paying  the 
expenses  of  said  appraisal,  the  proper  officers  of  said  bank  giving 
notice  to  such  person  or  persons,  of  such  deposit  by  letter,  then  the 
corporation  shall  be  deemed  to  be  seised  and  possessed  of  such 
lands  in  their  own  right.  The  commissioners  shall  give  three 
days'  notice  to  the  occupants  or  owners  of  the  lands  to  be  appraised, 
of  the  time  and  place  when  and  where  they  will  attend  to  such 
appraisal ;  and  when  such  appraisal  is  made,  they  shall  deliver 
to  the  said  corporation  a  written  statement  of  the  same,  with  a 
description  of  the  land  so  by  them  appraised,  which,  within  sixty 
days  thereafter,  the  company  shall  cause  to  be  recorded  in  the 
town  clerk's  office  of  the  town  in  which  such  lands  lie ;  and  in 
case  the  owner  of  lands  taken  by  the  company,  shall  be  a  mar- 
ried woman,  an  infant,  idiot,  or  insane,  or  shall  not  reside  in 
this  State,  then  the  company  shall  cause  the  damages  to  be  deter- 
mined in  the  manner  above  described,  and  shall  pay  the  same  to 
the  owners  last  above  mentioned,  when  the  same  shall  be  lawfully 
demanded,  with  the  interest  thereon  at  the  rate  of  six  per  cent,  per 
annum,  which  said  damages,  and  the  interest  thereon,  shall  be  a 
specific  lien  upon  the  real  estate  of  said  company,  and  shall  be 
preferred  before  any  other  demand  against  the  company. 

Sect.  8.  The  corporation,  or  the  owner  of  such  lands,  or  mate- 
rials, feeling  aggrieved  by  the  decision  of  the  commissioners,  either 


VERMONT.  813 

party  may,  within  ninety  days  from  the  making  of  such  decision, 
appeal  to  the  county  court  in  the  county  where  such  land  or  other 
real  estate  lies,  by  lodging  with  the  county  clerk  a  written  appeal 
from  such  decision,  and  serving  a  copy  of  such  appeal  upon  the 
adverse  party;  and  the  decision  of  the  judges  of  the  county  court, 
upon  such  appeal  and  appraisal,  shall  be  final,  and  the  court  may 
tax  costs  for  either  party  as  may  be  just. 

Sect.  9.  The  company  may  build 'and  use  a  double  or  single 
track  upon  said  road,  as  they  may  determine. 

Sect.  10.  The  company  may  regulate  the  time  and  manner  in 
which  passengers  and  property  shall  be  transported  on  the  rail- 
road, and  may  erect  and  maintain  toll  houses,  and  other  buildings, 
for  their  accommodation  and  the  convenient  use  of  the  road,  as 
they  may  deem  suitable;  and  may  collect  and  receive  tolls  and 
charges,  for  the  transportation  of  passengers  and  property  upon 
said  road,  at  such  rate  per  mile  as  may  from  time  to  time  be  fixed 
by  the  corporation  :  Provided,  the  supreme  court,  at  any  stated 
session  thereof,  held  either  in  Franklin  or  Chittenden  counties,  on 
application  of  ten  freeholders,  in  any  town  through  which  the 
said  road  passes,  may  alter  or  establish  the  rate  of  toll,  upon  said 
road,  for  a  term  of  time  not  exceeding  ten  years  at  any  one  time, 
and  in  such  a  manner  that  the  corporation  shall  not  receive  less 
than  twelve  per  centum  per  annum,  on  the  amount  of  capital 
stock,  after  deducting  all  the  expenses  of  the  corporation,  after  the 
corporation  shall  commence  taking  toll  on  said  road. 

Sect.  11.  The  corporation  shall  keep  just  and  true  books  and 
accounts  of  all  expenses  incurred  in  surveying,  building,  and  keep- 
ing in  repair,  the  said  railroad,  and  also  of  all  the  income  arising 
from  the  said  road,  which  books  and  accounts  shall,  at  all  times, 
be  open  to  the  inspection  of  any  committee  of  the  legislature,  or 
of  the  supreme  court;  and  any  such  committee  may  examine  the 
officers  of  the  corporation,  under  oath,  as  to  their  receipts  and 
expenses. 

Sect.  12.  The  corporation  shall  keep  constantly  exposed  to 
view,  at  all  places  where  they  have  toll-houses,  or  gates,  and 
at  all  public  places  where  they  receive  passengers  or  freight,  a 
sign  or  handbill,  with  the  rates  of  toll  legibly  written  or  printed 
thereon. 

Sect.  13.  If  any  person  shall  wilfully  obstruct  the  passage  of 
any  carriage  on  the  said  road,  or  in  any  way  injure  or  destroy  the 
said  road,  or  any  part  thereof,  or  any  building,  engine,  machine 


814  VERMONT   AND    CANADA   EAILROAD    COMPANY. 

work,  or  any  thing  belonging  to  said  road,  or  any  material  or 
implement  used  in  tlie  construction  thereof,  he,  or  any  person  or 
persons  assisting,  aiding,  or  abetting,  in  such  act  or  acts,  shall  for- 
feit and  pay  to  the  corporation,  treble  the  amount  of  damages 
sustained  by  such  offence,  to  be  recovered  in  the  name  of  the  com- 
pany, with  costs,  by  an  action  of  debt,  and  shall  be  liable  to 
indictment  by  the  grand  jury  of  the  county  in  which  such  offence 
was  committed,  for  such  offence,  and  on  conviction  thereof,  before 
such  county  court,  shall  be  punished  as  for  a  misdemeanor,  or  pay 
a  fine  not  exceeding  one  hundred  dollars  and  not  less  than  thirty 
dollars,  to  the  use  of  the  State,  in  the  discretion  of  the  court. 

Sect.  14.  If  the  railroad  shall  cross  any  private  way,  the  corpo- 
ration shall  so  construct  the  same  as  not  to  obstruct  the  safe  and 
convenient  use  of  such  private  way;  and  if  the  railroad  shall  not 
be  so  constructed,  the  party  aggrieved  may  have  an  action  on  the 
case  in  any  court  proper  to  try  the  same,  and  recover  reasonable 
damages  for  such  injury;  and  if  the  railroad  shall  cross  any  high- 
way or  turnpike,  the  same  shall  be  so  constructed  as  not  to  impede 
or  obstruct  the  safe  and  convenient  use  of  such  highway  or  turn- 
pike, and  the  corporation  may  raise  or  lower  such  turnpike,  high- 
way, or  private  way,  so  that  the  railroad  may,  if  necessary,  pass 
over  or  under  the  same.  And  if  the  corporation  shall  raise  or 
lower  any  such  turnpike,  highway,  or  private  way,  and  shall  not 
so  raise  or  lower  the  same  as  to  be  satisfactory  to  the  proprietors 
of  the  turnpike,  or  to  the  selectmen  of  the  town,  in  v/hich  the  high- 
way or  private  way  is  situated,  such  proprietors  or  selectmen,  may 
require  in  writing  of  the  corporation  such  alteration  or  amendment 
as  they  may  think  necessary;  and  if  the  required  amendment  or 
alteration  be  reasonable  and  proper,  and  the  corporation  shall 
unnecessarily  neglect  to  make  the  same,  such  proprietors  or  select- 
men may  make  such  alteration  and  amendment,  and  may  have  an 
action  on  the  case  against  said  corporation,  in  any  court  proper  to 
try  the  same,  and  shall  therein  recover  reasonable  damages  for  all 
expenses  occasioned  by  making  such  alteration  or  amendment, 
with  costs  of  suit,  lind  if  the  said  railroad  shall  intersect  or  cross 
any  stream  of  water,  or  watercourse,  the  corporation  may  construct 
the  same  across  a  stream  or  watercourse,  provided  they  restore  the 
same  as  near  as  practicable  to  its  former  state  and  usefulness. 
And  the  said  corporation  shall  build  and  maintain  a  sufficient 
fence  on  each  side  of  their  railroad,  through  its  whole  route,  where 
a  fence  may  be  requisite  for  the  owners  or  occupants  of  the  adja- 


VERMONT. 


815 


cent  land :  Provided,  that  nothing  in  this  Act  shall  be  so  construed 
as  to  prevent  the  crossing  of  said  railroad  with  teams  or  otherwise, 
in  a  manner  not  calculated  to  injure  the  same. 

Sect.  15.  The  Champlain  and  Connecticut  River  Railroad  Com- 
pany, and  the  Vermont  Central  Railroad  Company,  and  any  other 
railroad  company  hereafter  authorized  so  to  do  by  the  legislature, 
may  enter  with  another  railroad  at  any  point  of  the  road  herein 
granted,  paying  for  the  right  of  using  the  same,  or  any  part 
thereof,  such  toll  or  other  compensation  as  the  legislature  may 
prescribe,  and  complying  with  such  rules  and  regulations  as  this 
corporation  may  establish:  Provided,  that  any  corporation  feeling 
aggrieved  by  such  rules  and  regulations,  may  apply  to  the  supreme 
court  sitting  for  Chittenden  or  Franklin  county,  who  shall,  there- 
upon, appoint  commissioners  to  settle  and  determine  upon  such 
rules  and  regulations  as,  with  a  proper  regard  to  the  interests  of 
this  company,  shall  secure  no  unreasonable  advantage  to  one  cor- 
poration over  another ;  and  such  rules  and  regulations,  if  adopted 
by  the  court,  shall  thereby  become  established  until  altered,  on  a 
shuilar  application,  by  the  court. 

Sect.  16.  The  legislature  may,  at  any  time,  after  the  expiration 
of  fifty  years  from  the  opening  for  use  of  the  road,  and  not  before, 
purchase  of  the  corporation  the  railroad,  and  all  the  property, 
rights,  and  privileges  thereof,  by  paying  therefor  the  amount 
expended  in  making  the  same,  the  expenses  of  repairs,  and  all 
other  expenses  relating  thereto.  And  if,  at  the  time  of  purchase, 
the  corporation  shall  not  have  received  an  income  equal  to  ten  per 
centum  per  annum  on  the  original  costs  over  and  above  the  charges 
and  expenses  relating  thereto,  the  legislature  shall  pay  the  corpo- 
ration such  additional  sum  as,  together  with  the  tolls  and  profits  of 
every  kind  received  from  the  road,  will  be  equal  to  ten  per  centum 
per  annum  on  the  cost  of  the  road,  from  the  date  of  the  payment 
thereof,  by  the  stockholders  of  the  corporation,  to  the  time  of  such 
purchase. 

Sect.  17.  The  directors  of  the  company  may  require  payment 
of  the  sums  subscribed  to  the  capital  stock,  in  such  proportions, 
and  at  such  times,  as  they  shall  deem  best,  not  exceeding  ten  dol- 
lars at  one  time,  and  one  hundred  dollars  upon  any  one  share, 
under  the  penalty  of  forfeiture  of  all  previous  payments  thereon, 
and  when  the  directors  shall  require  the  payment  of  any  portion 
of  the  capital  stock  of  said  company,  they  shall  give  at  least  thirty 
days'  notice  of  the  time  and  place  of  such  payment,  by  publishing 


816  VERMONT   AND    CANADA   RAILROAD    COMPANY. 

the  same  in  at  least  one  newspaper  in  each  of  the  counties  of 
Franklin  and  Chittenden,  and  at  such  other  places  as  they  may- 
deem  proper. 

Sect.  18.  The  office  of  the  Clerk  of  the  corporation  shall  be 
kept  in  this  State. 

Sect.  19.  The  company  may,  by  their  engineers,  agents,  or 
workmen,  with  such  teams,  carriages,  and  tools,  as  they  may  find 
convenient,  enter  upon  any  lands  contiguous  to  the  road,  or  the 
works  connected  therewith,  to  dig,  blast,  carry  away,  and  use, 
such  stone,  gravel,  and  earth  as  may  be  necessary  for  building  or 
repairing  the  road,  doing  thereby  as  little  damage  as  the  nature  of 
the  case  will  permit;  and  in  case  damage  shall  be  claimed  by  the 
owner  of  the  land  thus  entered  upon,  and  for  the  stone,  gravel, 
and  earth,  thus  carried  away,  and  the  owner  and  the  company  do 
not  agree  upon  the  sum  to  be  paid  therefor,  the  same  shall  be 
assessed  by  commissioners  in  the  manner  before  prescribed  in  this 
Act,  and  either  the  company  or  the  owner  feeling  aggrieved  may 
appeal  as  aforesaid. 

Sect.  20.  This  Act  shall  be  deemed,  and  taken  to  be,  a  pubhc 
Act,  and  shall  be  construed  favorably  and  beneficially  for  all  the 
purposes  for  which  it  is  intended. 

Sect.  21.  The  directors,  shall,  annually,  on  or  before  the  third 
Thursday  of  October,  make  a  report  to  the  legislature  of  their  pro- 
ceedings, receipts,  and  expendit\u-es,  and  their  books  shall  at  all 
times  be  open  to  the  inspection  of  a  committee  of  the  legislature 
appointed  for  that  purpose. 

Sect,  22.  This  Act  shall  take  effect  from  its  passage. 

Sect.  23.  The  supreme  court  shall,  on  application  for  that  pur- 
pose, fix  the  price  for  which  the  United  States'  mail  shall  be  trans- 
ported to  and  from  any  different  points  on  said  road,  which  shall 
continue  to  be  the  price  for  which  said  company  shall  transport 
said  mail,  until  the  same  shall  be  diminished  or  increased  by  said 
court,  which  they  are  hereby  authorized  to  do  on  application  for 
that  purpose.     Approved,  October  31,  1845. 

Laws  of  1847,  No.  20. 

An  Act  in  amendment  of  the  Act  incorporating  tlie  Vermont  and  Canada  Railroad 

Company. 

It  is  hereby  enacted,  i^c.  That  so  much  of  the  first  section  of  the 
Act  to  incorporate  the  Vermont  and  Canada  Railroad  Company, 


VERMONT.  817 

approved  October  31,  A.  D.  1845,  as  is  expressed  and  contained  in 
the  words,  "  passing  across  the  sand-bar  to  South  Hero,"  is  hereby, 
by  consent  of  said  company,  repealed.     Apinoved,  November  15, 

1847. 


WESTERN'  VERMONT  RAILROAD   COMPANY. 

INCORPORATED    IN    VERMONT    IN    1845. 
No.  28  of  the  Private  Acts  of  1845  contains  the  Charter. 

Sect.  1  describes  the  location  of  the  route. 

Sect.  2  fixes  the  respective  times  of  commencing  and  completing  the  road. 

Sect.  3  limits  the  capital  stock  to  $1,000,000,  with  power  to  increase  it,  if  neces- 
sary. 

Sect.  4  appoints  Commissioners  to  receive  subscriptions  to  the  capital  stock,  and  to 
organize  the  Company. 

Sect.  0  empowers  the  Vice-President  to  preside  at  meetings,  in  the  absence  of  the 
President. 

Sect.  6  provides  that  the  Corporation  shall  exist,  although  Directors  be  not  elected, 
as  by  Section  4. 

Sect.  7  defines  the  powers  and  duties  of  the  officers,  authorizes  the  Company  to 
take  land  for  the  purposes  of  the  road,  establishes  the  manner  of  estimating  land 
damages,  and  provides  for  the  appointment  of  Commissioners  for  that  purpose. 

Sect.  8  settles  the  form  of  appeal  from  the  decision  of  said  Commissioners. 

Sect.  9  authorizes  the  Company  to  use  a  single  or  double  track. 

Sect.  10  gives  to  the  Companj"-  power  to  receive  toll,  providing,  however,  for  an 
appeal  to  the  Supreme  Court. 

Sect.  II  requires  the  Company  to  keep  just  and  true  books  of  account. 

Sect.  12  requires  that  they  publicly  post  the  rates  of  toll. 

Sect.  13  affixes  a  penalty  for  damages  done  to  said  road,  and  defines  the  mode  of 
recovering  the  same. 

Sect.  14  prescribes  the  manner  of  crossing  private  ways,  highways,  canals,  or  turn- 
pikes, and  of  recovering  damages  therefor. 

Sect.  15  authorizes  this  Company  to  enter  upon  the  road  of  the  Champlain  and 
Connecticut  River  Railroad  Company,  by  making  reasonable  compensation 
therefor. 

Sect.  16  provides  that  the  Legislature,  after  the  expiration  of  fifty  years,  may  pur- 
chase the  rights  and  franchise  of  the  Company. 

Sect,  17  provides  that  the  Directors  may  require  payment  of  subscriptions,  when 
and  as  they  think  proper. 

Sect.  18  provides  that  the  Commissioners  may  require  payments  at  the  time  of 
making  subscriptions. 

Sect.  20  authorizes  the  Company  to  make  contracts  with  any  other  Company,  for 
transportation  of  their  freight  or  passengers. 

69 


818  AVESTERN   YERMOKT   RAILROAD    COMPANY. 

Sect.  21  provides  for  the  union  of  this  Company  -with  a  contemplated  Company  in 

Massachusetts,  by  the  name  of  the  Western  Vermont  and  Massachusetts  Raikoad 

Company. 
Sect.  22  provides  that  thereafterwards  they  shall  act  as  one  Corporation. 
Sect.  23  makes  the  shares  liable  to  attachment. 
Sect.  24  requires  separate  accounts  to  be  kept  of  the  receipts  and  expenditures  of 

the  road  in  each  State,  and  appoints  two  Commissioners,  one  from  each  State,  to 

regulate  the  same. 
Sect.  25  subjects  that  part  of  the  road  within  this  State,  to  the  operation  of  its 

laws. 
Sect.  26  suspends  the  operation  of  Sections  21,  22,   23,  and  24  of  this  Act,  until 

similar  enactments  shall  be  made  by  Massachusetts. 
Sect.  27  makes  this  a  Public  Act,  to  be  construed  liberally. 
Sect.  28  fixes  the  time  of  making  the  annual  report. 
Sect.  29  provides  for  the  transportation  of  the  TJ.  S.  Mail. 
Sect.  30  requires  the  road  and  cars  to  be  kept  in  good  repair,  and  gives  the  Company 

a  lien  on  goods,  for  their  freight. 

No.  Ql  of  the  Private  Acts  q/"  1849  coyitains  an  additional  Act. 

Sect.  1  extends  the  provisions  of  said  Act,  so  that  the  Company  shall  have  three 

years  herefrom  to  commence  the  construction  of  said  road,  and  five  years  herefrom 

to  complete  the  same  or  some  part. 
Sect.  2  describes  the  route  of  the  road. 
Sect.  3  appoints  Commissioners  to  perform  the  dvities  specified  in  Section  4  of  said 

Act,  and  extends  the  time  for  opening  subscription  books,  one  year. 
Sect.  4  provides,  when  1000  shares  shall  be  subscribed,  that  said  Commissioners 

•shall  call  a  meeting  of  stockholders,  and  organize  the  Company. 
Sect.  5  repeals  Sections  21,  22,  23,  24,  25,  and  26  of  said  Act. 
Sect.  6  makes  this  Act  subject  to  general  laws  respecting  railroads. 
Sect.  7  provides  that  this  Act  shall  take  effect  from  its  passage. 


Laws  of  1845,  No.  28. 

An  Act  to  incorporate  the  Western  Yei-mont  Eailroad  Company. 

Sect.  1.  It  is  hereby  enacted,  S^^c.  Such  persons  as  shall  hereaf- 
ter become  stockholders,  are  constituted  a  body  corporate,  by  the 
name  of  the  Western  Vermont  Railroad  Company,  for  the  purpose 
and  Avith  the  right  of  building  a  railroad,  with  a  single  or  double 
track,  from  some  pomt  on  the  southern  line  of  the  State,  in  the  town 
of  Pownal,  to  some  point  in  the  town  of  Rutland,  east  or  west  of 
Otter  Creek,  to  transport  and  carry  persons  and  property,  on  the 
same,  by  the  power  of  steam  or  otherwise,  as  said  company  may 
direct,  and  by  that  name  may  sue  and  be  sued,  may  have  a  com- 


VERMONT.  819 

mon  sea],  and  may  have  all  the  rights  and  privileges  incident  to 
corporations,  for  the  purpose  aforesaid. 

Sect.  2.  If  the  said  corporation  shall  not,  within  five  years  from 
the  passing  of  this  Act,  build  and  put  in  operation  said  road,  or  at 
least  ten  miles  thereof,  then  said  company  shall  be  dissolved,  and 
this  Act  be  void ;  and  if  the  said  company  shall  not,  within  ten 
years  from  the  passing  of  this  Act,  build  and  put  in  operation  the 
whole  of  said  road,  then  the  rights  and  powers  granted  by  this 
Act,  shall  cease  for  such  parts  of  said  road  as  shall  not  be  com- 
pleted, but  shall  be  valid  for  such  parts  of  said  road  as  shall  then 
be  built  and  put  in  operation. 

Sect.  3.  The  capital  stock  of  said  company  shall  be  one  million 
of  dollars,  which  maybe  increased  to  an  amount  sufticient  to  com- 
plete said  road  and  furnish  all  necessary  apparatus  for  conveyance, 
which  shall  be  divided  into  shares  of  one  hundred  dollars  each, 
and  shall  be  deemed  personal  property,  and  transferable  in  such 
manner  as  such  corporation  shall  by  their  by-laws*direct. 

Sect.  4.  Hiland  Hall,  John  S.  Robinson,  C.  W.  Fenton,  Simeon 
Morse,  Benjamin  F.  Morgan,  Zadock  L.  Taft,  Enos  Adams,  Lemuel 
Grover,  Leonard  Sargeant,  Myron  Clark,  A.  R.  Vail,  Harvey  Button, 
Silas  H.  Hodges,  and  George  W.  Strong,  shall  be  commissioners, 
whose  duty  it  shall  be,  within  three  years,  to  open  books  for  receiv- 
ing subscriptions  to  the  capital  stock  of  said  company,  at  some 
convenient  place  in  Bennington,  Manchester,  Wallingford,  and 
Rutland,  and  such  other  places  as  said  commissioners  shall  direct ; 
and  twenty  days'  notice  shall  be  given  by  said  commissioners 
of  the  time  and  place  of  opening  said  books,  by  publishing  the 
same  in  some  public  newspaper  printed  in  each  of  the  coun- 
ties of  Bennington  and  Rutland ;  and  as  soon  as  said  stock 
shall  be  subscribed,  shall  give  notice  in  like  manner  for  a  meet- 
ing of  the  stockholders,  at  such  time  and  place  as  they  shall 
order,  for  the  election  of  nine  directors.  And  such  election  shall 
then  and  there  be  made,  by  such  of  the  stockholders  as  shall  be 
present,  either  in  person  or  by  proxy,  each  proprietor  being  entitled 
to  as  many  votes  as  he  holds  shares;  provided  they  do  not  amount 
to  more  than  one  fourth  part  of  the  whole  number.  And  the  com- 
missioners shall  be  inspectors  of  said  election,  and  shall  certify  the 
names  of  those  duly  elected,  and  deliver  over  to  said  directors  the 
subscription  books  and  other  papers.  And  said  directors  shall  then 
proceed  to  elect  from  their  number  a  president  and  vice-president, 
and  so  at  all  subsequent  elections  of  directors.     And  the  time  and 


820  WESTERN   VERMONT   RAILROAD    COMPANY. 

place  of  holding  the  first  meeting  of  the  directors,  shall  he  fixed  hy 
the  commissioners;  and  a  new  election  shall  be  made  annnally,  at 
such  time  and  place  as  the  directors  shall  appoint,  giving  twenty 
days'  notice  of  the  same,  by  publication  in  one  newspaper  printed 
in  each  of  the  counties  aforesaid.  And  said  directors  may  cause 
such  examinations  and  surveys  of  said  road,  or  any  part  thereof, 
to  be  made,  as  they  shall  deem  necessary.  And  when  said  road, 
or  any  part  thereof,  shall  be  surveyed,  the  directors  shall  certify 
the  same  under  their  hands  and  seals,  and  cause  certificates  to  be 
recorded  in  each  town  through  which  such  road  is  laid,  of  that 
portion  of  the  road  lying  within  said  town ;  which  road,  so  sur- 
veyed and  certified,  shall  be  deemed  the  line  upon  which  said  road 
is  to  be  constructed,  as  hereinafter  mentioned.  And  the  corporation 
may  make  such  alterations,  from  time  to  time,  in  the  course  of  said 
road,  as  they  shall  deem  expedient,  causing  a  certificate  of  the 
same  to  be  recorded  in  the  oflice  of  the  town  clerk  of  the  town 
in  which  such  alteration  is  made,  the  expenses  of  which  surveys, 
and  all  incidental  expenses  relating  thereto,  shall  be  paid  by  said 
corporation. 

Sect.  5.  The  vice-president  shall  preside  at  all  meetings  of  the 
directors  in  case  of  the  absence  or  resignation  of  the  president,  and 
may  exercise  such  powers  and  functions  as  the  corporation  shall 
by  their  by-laws  provide. 

Sect.  6.  If  it  should  happen  at  any  time  that  an  election  of 
directors  should  not  be  made  on  the  day  it  ought  to  have  been 
pursuant  to  this  Act,  said  corporation  shall  not  for  that  cause  be 
dissolved,  but  the  election  may  be  held  at  any  other  time  provided 
for  by  their  by-laws. 

Sect.  7.  The  directors,  or  such  portion  of  them  as  their  by- 
laws direct,  shall  form  a  board,  who  shall  be  competent  to 
transact  all  the  business  of  said  corporation,  and  shall  have 
power  to  make  and  prescribe  by-laws  and  regulations  for  the 
proper  management  and  disposition  of  the  stock,  property,  and 
effects  of  said  corporation,  the  transfer  of  shares,  conduct  of  their 
ofiicers,  election  of  directors,  and  all  other  matters  appertaining  to 
said  corporation  ;  and  shall  have  power  to  appoint  a  clerk  and 
treasurer,  who  shall  give  bonds  to  said  corporation,  with  sureties 
to  the  satisfaction  of  the  directors,  in  a  sum  not  less  than  twenty 
thousand  dollars,  for  the  faithful  discharge  of  his  trust ;  and  to 
establish  such  salaries  for  the  ofiicers  of  said  corporation  as  they 
deem  proper.     And   said  corporation  are  hereby  authorized,  by 


i 


TERMONT.  821 

their  agents,  surveyors,  and  engineers,  to  enter  upon  said  route, 
designated  as  aforesaid,  and  it  shall  be  lawful  for  said  corpo- 
ration to  enter  upon,  and  take  possession  of  all  such  lands  and 
real  estate,  as  is  necessary  for  the  construction  and  maintenance 
of  their  railroad  and  the  requisite  accommodations  appertain- 
ing thereto;  and  may  enter  upon  any  lands  in  the  vicinity  of 
said  railroad,  for  the  purpose  of  procuring  earth,  sand,  gravel,  or 
stone,  for  the  construction  and  repairs  of  said  railroad ;  and  may 
receive,  hold,  and  take,  all  voluntary  grants  and  donations  of 
real  estate  as  shall  be  made  to  said  corporation  for  the  benefit  of 
said  company.  All  lands  thus  entered  upon  and  used  by  said 
corporation,  which  are  not  gifts  or  donations,  shall  be  purchased 
by  said  corporation,  of  the  owner  or  owners  of  the  same ;  and  in 
case  the  parties  disagree  upon  the  price  of  said  lands,  and  before 
making  any  portion  of  said  road  upon  such  lands,  it  shall  be  the 
duty  of  the  judges  of  the  county  court  of  the  county  in  which  such 
lands  lie,  to  appoint  three  disinterested  commissioners,  who  shall 
determine  the  damages  which  the  owner  or  owners  of  said  lands 
so  entered  upon  may  have  sustained,  or  shall  be  likely  to  sus- 
tain, by  the  occupation  of  the  same;  and  upon  payment  of  such 
damages,  with  the  expenses  attending  the  appraisement,  the  said 
commissioners  being  allowed  three  dollars  each,  per  day,  while 
thus  employed  ;  or  upon  said  corporation  depositing  in  any  bank, 
in  either  county  through  which  said  road  passes,  to  the  credit  of 
the  person  or  persons  to  whom  an  award  may  have  been  made, 
the  amount  of  said  damages,  with  the  expenses  aforesaid,  the 
proper  officers  of  said  bank  giving  notice  to  such  person  or  persons, 
by  letter,  of  such  deposit;  then  said  corporation  shall  be  deemed 
to  be  seised  and  possessed  of  such  lands  so  appraised  by  said 
commissioners.  And  it  shall  be  the  duty  of  said  commissioners 
to  give  fifteen  days'  notice  of  the  time  and  place  of  such  appraise- 
ment, to  the  owners  or  occupants  of  the  lands  to  be  appraised ; 
and  after  the  appraisal,  shall,  as  soon  as  may  be,  deliver  to  said 
corporation  a  written  statement  of  the  awards  by  them  made,  with 
a  description  of  the  lands  appraised,  which  shall,  within  sixty  days, 
be  recorded  in  the  office  of  the  town  clerk  of  the  town  in  which 
said  lands  lie  ;  and  in  case  any  owner  or  owners  of  lands  taken 
by  said  company  shall  be  married  women,  infants,  idiots,  or  insane, 
or  shall  reside  without  this  State,  in  such  case,  said  corporati(jn 
shall  cause  the  damages  to  be  ascertained  in  the  manner  above 
prescribed,  and  shall  pay  the  amount  of  said  last  mentioned  dam- 

69  * 


822  WESTERN   VERMONT   RAILROAD    COMPANY. 

ages,  to  the  owners,  respectively,  whenever  the  same  shall  be  law- 
fully demanded,  with  the  interest  at  the  rate  of  six  per  centum  per 
annum  ;  which  amount  and  interest  shall  be  a  specific  lien  on  the 
real  estate  of  said  corporation,  and  shall  have  a  preference  to  any 
other  demand  against  said  corporation. 

Sect.  8.  Should  such  corporation,  or  the  owner  of  any  lands,  feel 
themselves  aggrieved  by  the  decision  of  the  commissioners,  afore- 
said, either  party  may,  within  ninety  days  from  the  making  said 
decision  and  notice  thereof,  or  from  the  removal  of  the  disabilities 
in  the  preceding  section  mentioned,  or  from  the  return  of  such 
non-resident,  appeal  to  the  county  court  in  the  county  in  which 
said  lands  or  other  property  lie;  and  the  decision  of  said  court 
shall  be  final ;  and  said  court  shall  tax  costs  for  or  against  either 
party,  as  they  shall  judge  equitable. 

Sect.  9.  Said  company  may  build  and  use  a  double  or  single 
track  upon  said  road,  as  shall  be  determined  by  said  company. 

Sect.  10.  Toll  is  granted  for  the  benefit  of  said  corporation,  upon 
all  passengers  and  property  which  may  be  conveyed  or  trans- 
ported upon  said  road,  at  such  rate  per  mile  as  may  be  established 
from  time  to  time  by  the  directors  :  Provided,  the  supreme  court, 
at  any  stated  session  thereof,  holden  in  either  of  the  comities 
through  which  said  road  passes,  on  application  of  ten  freeholders 
in  any  town  through  which  said  road  passes,  may  alter  or  estab- 
lish the  rate  of  toll,  and  price  of  transportation,  upon  said  road, 
for  a  term  not  exceeding  ten  years,  at  any  one  time,  and  in  such 
manner  that  said  corporation  shall  not  receive  less  than  ten  per 
centum  per  annum,  on  the  amount  of  capital  stock,  including  all 
expenses  of  said  corporation,  for  the  first  fifty  years  after  said 
corporation  shall  commence  taking  toll  on  said  road;  and  in  such 
manner  that  said  corporation  shall  not  receive  less  than  six  per 
centum  per  annum  on  the  amount  of  capital  stock,  including  all 
expenses  of  said  corporation,  thereafter. 

Sect.  11.  The  directors  of  said  corporation  may  erect  toll-houses, 
establish  gates,  appoint  toll-gatherers,  and  demand  toll,  upon  said 
road  when  completed  or  upon  such  parts  thereof  as  shall,  from 
time  to  time,  be  completed  ;  and  shall  keep  just  and  true  books 
and  accounts  of  all  expenditures  made  in  building  and  keeping 
in  repair  said  railroad,  and  also  of  all  the  income  arising  from  said 
rgad;  which  book  shall,  at  all  times,  be  open  to  the  inspection  of 
any  committee  of  the  legislature,  or  of  the  supreme  court;  and 
any  such  committee  may  examine  the  officers  of  said  corporation, 


VERMONT. 


823 


under  oath,  touching  the  receipts  and  expenditures  of  said  corpo- 
ration. 

Sect.  12.  Said  corporation  shall  keep  constantly  exposed  to  view, 
at  all  places  where  they  have  toll-houses,  or  gates,  and  at  all  pub- 
lic places  where  they  receive  passengers,  or  freight,  a  sign  or  hand- 
bill, with  the  rates  of  toll  legibly  written  or  printed  thereon. 

Sect.  13.  If  any  person  shall  wilfully,  maliciously,  or  wantonly, 
obstruct  the  passage  of  any  carriage  on  said  road,  or  in  any  way 
injure,  or  destroy  said  road,  or  any  part  thereof,  or  any  thing 
belonging  thereto,  or  any  material  or  implement  employed  in  the 
construction  thereof,  he,  or  any  person  or  persons  assisting,  aiding, 
or  abetting  in  such  trespass,  shall  forfeit  and  pay  to  said  corpora- 
tion, for  every  such  offence,  treble  damages,  as  shall  be  assessed 
before  any  court  proper  to  try  the  same  ;  and  such  offender  or 
offenders  shall  be  liable  to  indictment  by  the  grand  jury  of  the 
county  within  which  such  trespass  shall  have  been  committed, 
for  any  offence  contrary  to  the  above  provisions,  and  on  conviction 
thereof,  before  such  county  court,  shall  pay  a  fine  not  exceeding 
one  hundred  dollars,  and  not  less  than  thirty  dollars,  to  the  use  of 
the  State. 

Sect.  14.  If  said  railroad  shall  cross  any  private  way,  said  cor- 
poration shall  so  construct  the  sam.e  as  not  to  obstruct  the  safe  and 
conveuient  use  of  said  private  way ;  and  if  said  railroad  shall  not  be 
so  constructed,  the  party  aggrieved  may  have  an  action  on  the  case 
in  any  court  proper  to  try  the  same,  and  recover  reasonable  dama- 
ges for  such  injury ;  and  if  said  railroad  shall  cross  any  canal,  high- 
way, or  turnpike,  the  same  shall  be  so  constructed  as  not  to  impede 
or  obstruct  the  safe  and  convenient  use  of  such  canal,  highway,  or 
turnpike,  and  said  corporation  may  raise  or  lower  such  turnpike, 
highway,  or  private  way,  so  that  said  railroad,  if  necessary,  may 
pass  over  or  under  the  same.  And  if  said  corporation  shall  raise  or 
lower  any  such  turnpike,  highway,  or  private  way,  and  shall  not  so 
raise  or  lower  the  same  as  to  be  satisfactory  to  the  proprietors  of 
said  turnpike,  or  to  the  selectmen  of  the  town  in  which  said  high- 
way or  private  way  is  situated,  said  proprietors  or  selectmen  may 
require,  in  writing,  of  said  corporation,  such  alteration  or  auiend- 
ment  as  they  may  think  necessary  ;  and  if  the  required  amendment 
or  alteration  be  reasonable  and  proper,  and  said  corporation  shall 
unnecessarily  neglect  to  make  the  same,  such  proprietors,  or  select- 
men, may  make  such  alteration  and  amendment,  and  may  prosecute 
to  final  judgment  and  execution,  in  any  court  proper  to  try  the 


824  WESTERN    VERMONT   RAILROAD    COMPANY. 

same,  an  action  of  the  case  against  said  corporation,  and  shall 
therein  recover  a  reasonable  indemnity,  in  damages,  for  all  expenses 
occasioned  by  making  such  alteration,  with  costs  of  suit.  And  if 
said  railroad  shall  intersect  or  cross  any  stream  of  water,  or  water- 
course, said  corporation  may  construct  the  same  across  a  stream  or 
watercourse,  provided  they  restore  said  stream  or  watercourse  to 
its  former  state,  or  in  a  sufficient  manner  not  to  impair  its  useful- 
ness; and  the  said  company  shall  constantly  maintain  in  good 
repair,  all  bridges,  with  their  abutments  and  embankments,  wdiich 
they  may  construct  for  the  purpose  of  conducting  said  road  over 
any  turnpike,  private  way,  or  highway,  or  for  conducting  such 
turnpike,  private  way,  or  highway,  over  said  railroad,  and  in 
default  thereof,  shall  be  liable  to  an  action  on  the  case,  to  pay  all 
damages  to  any  party  aggrieved;  and  said  company  shall  build 
and  maintain  a  sufficient  fence  upon  each  side  of  their  railroad, 
through  the  whole  route  thereof:  Provided^  that  nothing  in  this 
Act  contained  shall  be  so  construed  as  to  prevent  the  crossing  of 
said  railroad,  with  teams  or  otherwise,  m  a  manner  not  calculated 
to  injure  the  same. 

Sect.  15.  This  corporation  may  enter  the  road  of  the  Champlain 
and  Connecticut  River  Railroad  Company,  at  any  convenient 
point  in  Rutland,  and  said  company,  and  any  other  corporation 
authorized  so  to  do  by  the  legislature,  may  enter  the  road  herein 
granted,  at  any  convenient  point ;  the  corporation,  so  entering  the 
road  of  another,  paying  for  the  use  of  the  same,  or  any  part  thereof, 
such  toll  or  compensation  as  the  legislature  may  prescribe,  and 
submitting  to  such  rules  and  regulations  of  the  corporation  owning 
such  road,  as  to  give  no  unreasonable  advantage  to  one  corpora- 
tion over  another. 

Sect.  16.  The  legislature  may,  at  any  time,  during  the  continu- 
ance of  this  Act,  after  the  expiration  of  fifty  years  from  the  open- 
ing for  use  of  said  road,  and  not  before,  purchase  of  said  corpora- 
tion the  said  railroad,  and  all  the  property,  rights,  and  privileges 
thereof,  by  paying  therefor  the  amount  expended  in  making  the 
same,  the  expenses  of  repairs,  and  all  other  expenses  relating 
thereto.  And  in  case,  at  the  purchase,  said  corporation  shall  not 
have  received  an  income  equal  to  ten  per  centum  per  annum  on  the 
original  cost,  over  and  above  the  charges  and  expenses  relating 
thereto,  the  legislature  shall  pay  said  corporation  such  additional 
sum  as,  together  with  the  tolls  and  profits  of  every  kind  received 
from  said  road,  will  be  equal  to  ten  per  centum  per  annum  on  the 


to 


VERMONT.  825 

cost  of  said  road,  from  the  date  of  the  payment  thereof  by  the 
stockholders  of  said  corporation  to  the  time  of  such  purchase. 

Sect.  17.  The  directors  may  require  payment  of  the  sums  sub- 
scribed to  the  capital  stock,  at  such  times,  and  in  such  proportions, 
and  on  such  conditions,  as  they  shall  deem  best,  under  the  penalty 
of  forfeiture  of  all  previous  payments  thereon;  and  shall  give 
notice  of  the  payments  required,  and  the  time  and  place  where  the 
same  are  to  be  paid,  at  least  thirty  days  previous  diereto,  in  a 
newspaper  published  in  each  of  the  counties  through  which  said 
road  passes. 

Sect.  IS.  The  commissioners  may,  at  the  time  of  subscription 
of  any  person  for  the  capital  stock  of  said  corporation,  require  pay- 
ment by  the  person  subscribing,  of  such  sums  towards  each  share, 
as  they  may  deem  best,  and  unless  the  same  shall  be  paid,  the 
subscription  shall  be  void,  and  in  case  a  greater  amount  of  capital 
stock  shall  be  subscribed  than  the  sum  of  one  million  of  dollars, 
the  commissioners  shall  distribute  the  stock  in  such  manner  as 
they  shall  deem  equitable  and  just. 

Sect.  19.  The  office  of  the  clerk  of  said  corporation  shall  be 
kept  within  some  one  of  the  counties  through  v^'hich  said  road 
passes. 

Sect.  20.  The  said  corporation  is  hereby  authorized  to  contract 
with  any  other  railroad  company  which  has  been,  or  may  here- 
after be,  created  by  this  State,  or  by  the  commonwealth  of  Massa- 
chusetts, whose  road  enters  upon,  or  shall  be  connected  with,  the 
road  of  this  corporation,  to  do  and  perform  all  the  transportation 
of  persons  and  freight,  upon  and  over  said  road  or  roads,  upon 
such  terms  and  conditions  as  may  be  mutually  agreed  upon  by  the 
parties. 

Sect.  21.  The  persons  who  shall  become  stockholders  of  any 
railroad  company  which  has  been  or  may  hereafter  be  created  by 
the  commonwealth  of  Massachusetts,  and  whose  road  shall  con- 
nect with  the  road  of  this  corporation  at  the  south  line  of  this  State, 
shall  be  stockholders  of  this  corporation,  together  with  such  per- 
sons as  shall  be  stockliolders  of  this  corporation,  and  when  the 
stockholders  shall  have  assented  thereto,  the  said  corporations 
shall  become  united  in  one  corporation,  by  the  name  of  the  Western 
Vermont  and  Massachusetts  Railroad  Company,  with  a  capital  not 
exceeding  the  amount  of  the  joint  capital  of  both  corporations ;  and 
all  the  tolls,  franchises,  rights,  powers,  privileges,  and  property, 
granted  or  to  be  granted,  acquired  or  to  be  acquired,  under  the 


826  WESTERN   VERMONT  RAILROAD    COMPANY. 

authority  of  the  State  of  Massachusetts  or  of  this  State,  shall  be 
held  and  enjoyed  by  all  the  stockholders,  in  proportion  to  the  num- 
ber of  shares  in  either  or  both  of  said  corporations. 

Sect.  22.  After  the  said  union  shall  be  perfected,  the  said  stock- 
holders shall  hold  their  meetings,  make  their  by-laws,  appoint  their 
officers,  and  transact  all  their  business  as  one  corporation ;  provided, 
that  one  or  more  of  the  officers  of  said  corporation  shall  be  resident 
in  this  State,  and  one  or  more  of  them  in  the  commonwealth  of 
Massachusetts,  on  whom  process  against  said  corporation  may  be 
legally  served  in  either  State;  and  said  corporation  shall  be  held 
to  answer,  within  the  jurisdiction  where  service  shall  be  made, 
and  the  process  is  returnable. 

Sect.  23.  The  share  or  shares  of  any  stockholder  in  said  united 
corporation  shall  be  liable  to  attachment,  and  to  be  taken  on  execu- 
tion, in  the  State  where  such  stockholder  shall  reside  at  the  time 
of  the  service  of  such  process;  and  if  such  stockholder  shall  not 
reside  in  either  State,  then  the  same  shall  be  so  liable  in  either  State ; 
and  an  attested  copy  of  such  writ  or  execution,  and  of  the  returns 
of  the  officer  thereon,  shall  at  the  time  of  such  service,  be  left  with 
the  clerk  or  a  director  of  said  corporation,  or  at  his  usual  place  of 
abode,  by  the  officer  making  the  service. 

Sect.  24.  The  said  united  corporation  shall  so  make  out  and 
keep  an  account  of  the  expenditures  on  said  road,  from  its  com- 
mencement to  its  completion,  as  clearly  to  exhibit  what  portion 
thereof  belongs  to  that  part  of  said  road  situated  in  Yermont,  and 
what  portion  to  that  part  in  Massachusetts,  and  two  commissioners 
shall  be  appointed,  one  by  the  Governor  of  each  State,  to  hold 
their  offices  for  the  term  of  four  years,  and  to  be  reasonably  com- 
pensated for  their  services  by  said  corporation,  who  shall  ascertain 
what  proportion  of  expenditures  on  said  road,  and  of  the  other 
expenses  attending  its  construction,  maintenance,  and  use,  also 
what  proportion  of  the  receipts  and  profits  of  said  railroad,  shall 
properly  appertain  and  belong  to  the  portions  of  said  road  in  each 
State  respectively,  and  shall  annually  make  report  thereof  to  the 
legislature  of  this  State;  the  books  of  said  united  corporation 
shall  at  all  times  be  open  to  the  inspection  of  any  committee  of 
the  legislature  or  of  the  supreme  court  of  this  State  ;  and  any 
such  committee  may  examine  any  officer  of  said  corporation, 
under  oath,  relative  to  the  receipts  and  expenditures  of  said  cor- 
poration. 

Sect.  25.  The  said  corporation,  so  far  as  their  road  shall  be 


VERMONT.  827 

situated  in  Vermont,  shall  be  subject  to  the  general  laws  of  this 
State,  to  the  same  extent  as  if  their  road  were  wholly  therein. 

Sect.  26,  The  twenty-first,  twenty-second,  twenty-third,  and 
twenty-fourth  sections  of  this  Act  shall  not  take  effect,  until  the 
legislature  of  the  commonwealth  of  Massachusetts  shall  have 
enacted  provisions  similar  to  those  contained  in  said  sections ;  nor 
until  the  provisions  so  enacted  in  each  State  shall  have  been 
accepted  by  the  stockholders  of  said  corporations,  at  meetings  duly 
called  for  the  purpose;  nor  until  the  same  shall  have  been  accepted 
by  the  stockholders  of  said  united  corporation,  at  a  meeting  called 
for  that  purpose ;  at  which  meeting  they  may  ratify  and  confirm 
all  or  any  of  their  former  doings,  and  adopt  them  as  the  acts  and 
doings  of  said  united  corporation. 

Sect.  27.  This  Act  shall  be  taken  and  deemed  a  public  Act,  and 
shall  be  construed  favorably  and  beneficially  for  all  the  purposes 
for  which  the  same  is  enacted. 

Sect.  28.  The  directors  of  said  Western  Vermont  Railroad  Com- 
pany shall  annually,  on  or  before  the  third  Thursday  of  October, 
make  a  report  to  the  legislature  of  their  proceedings,  receipts,  and 
expenditures. 

Sect.  29.  The  corporations  hereby  established  shall  be  required 
to  transport  upon  their  respective  railroads,  by  their  regular  trips, 
the  mails  of  the  United  States,  and  in  case  of  any  disagreement 
between  the  said  corporations  and  the  agents  of  the  General  Gov- 
ernment, touching  the  compensation  for  the  same,  it  shall  be  the 
duty  of  the  supreme  court,  on  application  of  either  of  the  parties, 
to  establish  and  define  the  rates  of  compensation  ;  which  rates  shall 
be  binding  upon  the  parties,  until  altered  by  said  court  upon  similar 
application. 

Sect.  30.  And  said  corporation,  after  they  shall  commence  the 
receiving  of  toll,  shall  be  bound,  at  all  times,  to  have  said  road  in 
good  repair,  and  a  sufficient  number  of  suitable  carriages  and 
vehicles,  for  the  transportation  of  persons  and  articles,  and  be 
obliged  to  receive,  at  all  proper  times  and  places,  and  convey  the 
same,  when  the  appropriate  tolls  therefor  shall  be  paid  or  ten- 
dered ;  and  a  lien  is  hereby  created  on  all  articles  transported,  for 
the  tolls  due  for  the  transportation  thereof.  Ajyproved,  November 
5,  1845. 


828  WESTERN   VERMONT   RAILROAD    COMPANY. 

Laws  of  1849,  No.  61. 
An.  Act  to  extend  the  Charter  of  the  Western  Vermont  Hailroad  Company. 

Sect.  1.  It  is  hereby  enacted^  ^c.  That  an  Act  entitled  "  An 
Act  to  incorporate  the  Western  Vermont  Railroad  Company,"  ap- 
proved November  5,  1845,  is  hereby  re-enacted  and  extended,  so 
that  said  corporation  shall  have  three  years  from  the  passage  of 
this  Act,  to  commence  the  construction  of  said  railroad,  and  five 
years  from  the  passage  hereof,  to  complete  the  same,  or  some  por- 
tion thereof,  agreeably^to  the  second  section  of  said  Act  of  incorpo- 
ration, with  such  alterations,  amendments,  and  restrictions  as  are 
hereinafter  specified. 

Sect.  2.  The  said  railroad  shall  commence  at  some  point  in  the 
town  of  Rutland,  connecting  with  the  Rutland  and  Burlington 
Railroad,  thence  run  through  Wallingford,  Manchester,  and  Arling- 
ton, to  some  point  or  points  in  the  town  of  Bennington,  to  connect 
with  any  railroad  or  railroads  leading  to  said  town  of  Bennington, 
or  to  some  point  in  the  west  line  of  the  county  of  Bennington,  or 
to  each  of  said  points,  as  the  said  corporation  may  hereafter  elect 
and  designate. 

Sect.  3.  George  T.  Hodges,  Harvey  Button,  Robinson  Hall, 
Aaron  R.  Vail,  Elisha  Lapliam,  James  Curtis,  Myron  Clark,  Gil- 
man  Wilson,  Daniel  Roberts,  Jr.,  Darwin  Andrews,  Harmon  Can- 
field,  Martin  C.  Deming,  Jedediah  Dewey,  and  Benjamin  F.  Fay, 
shall  be  commissioners,  to  perform  the  duties  specified  in  section 
four  of  said  Act;  and  the  time  for  opening  books,  for  receiving 
subscriptions  to  the  capital  stock  of  said  corporation,  shall  be 
extended  to  one  year  from  the  passage  of  this  Act. 

Sect.  4.  Whenever  one  thousand  shares  of  the  capital  stock  of 
said  corporation  shall  be  subscribed,  the  commissioners  may  give 
notice  for  a  meeting  of  the  stockholders,  for  the  organization  of  said 
corporation,  and  the  same  shall  be  organized  agreeably  to  section 
four  of  said  Act. 

Sect.  5.  Sections  twenty,  twenty-one,  twenty-two,  twenty-three, 
twenty-four,  twenty-five,  and  twenty-six,  of  the  Act  aforesaid, 
and  all  other  parts  thereof  inconsistent  with  this  Act,  are  hereby 
repealed. 

Sect.  6.  This  Act  shall  be  subject  to  all  general  laws  now  in 
force,  or  which  may  be  passed  at  this  or  any  future  session  of  the 


VERMONT.  829 

legislature,  for  the  regulation  and  government  of  railroad  corpora- 
tions in  this  State. 

Sect.  7.  This  Act  shall  take  effect  from  its  passage.     Ajiproved^ 
November  6th,  1849. 


No.  oi  of  the  Public  Ads  of  1847  contains  Resolutions  respecting  a  railroad  from  Lake 

Michigan  to  the  Pacific  Coast. 


Resolves  of  1847,  Xo.  54. 

Resolutions  relative  to  tlie  project  for  a  Railroad  from  Lake  Micliigan  to  the  Pacific 

Ocean. 

Sect.  1.  Resolved^  (|*c.  That  the  plan  of  Asa  Whitney,  Esq.,  of 
New  York,  as  explained  by  himself,  for  a  railroad,  from  some 
point  on  Lake  Michigan  to  the  Pacific  Ocean,  meets  our  cordial 
approval,  and  we  concur  in  recommending  the  same. 

Sect.  2.  Resolved,  That  our  Senators  and  Representatives  in 
Congress  be  requested,  by  their  votes  and  acts,  to  promote  said 
object,  by  granting  the  right  and  power  to  Asa  Whitney,  Esq.,  to 
construct  said  road,  and  to  pledge  the  public  lands  along  said  con- 
templated route,  for  the  purpose  of  constructing  said  road,  in  such 
manner,  and  under  such  regulations,  as  Congress  shall  consider 
will  best  promote  and  secure  the  rights  and  interests  of  the  whole 
Union,  and  best  accomplish  the  desired  results. 

Sect.  3.  Resolved^  That  the  Governor  cause  copies  of  these 
resolutions,  to  be  furnished  to  the  Governors  of  the  several  States, 
respectively,  and  to  each  of  our  Senators  and  Representatives  in 
Congress.     App7'oved,  November  9,  1847. 


AVOODSTOCK  R.VILROAD    COMPANY. 

INCORPORATED    IN    VERMONT    IN    1847. 

No.  15  of  the  Private  Acts  of  1847  contains  the  Charter. 

Sect.  1  describes  the  location  of  the  route. 

Sect.  2  fixes  the  respective  times  of  commencing  and  completing  the  road, 
70 


830  WOODSTOCK   RAILROAD    COMPANY. 

Sect.  3  limits  the  capital  stock  to  $150,000,  in  shares  of  $30  each,  with  power  to 

iacrease  it. 
Sect.  4  appoints   Commissioners  to  receive  subscriptions  to  the  capital  stock,  and  to 

organize  the  Company. 
Sect.  5  provides  for  the  election  of  a  President  by  the  Directors,  and  appoints  the 

mode  of  calling  an  annual  meeting  for  that  purpose. 
Sect.  6  empowers   the   Directors   to   cause   surveys  of  the  road  to  be  made,  and 

directs,  that  when  made  and  recorded,  they  shall  be  considered  the  line  of  the 

road. 
Sect.  7  defines  the  powers  of  Directors. 
Sect.  8  requires  the  Clerk  and  Treasurer  to  give  bonds. 
Sect.  9  authorizes  the  Company  to  enter  upon  and  receive  grants  of  land  for  the 

purposes  of  the  road. 
Sect.  10  establishes  the  manner  of  estimating  land  damages,  and  provides  for  the 

appointment  of  Commissioners  for  that  purpose. 
Sect.  1 1  requires  said  Commissioners  to  notify  the  land  owner  and  the  Company  of 

their  award,  and  provides  the  mode  of  its  paj-ment. 
Sect.  12  settles  the  form  of  appeal  from  the  decision  of  the  Commissioners. 
Sect.  13  gives  to  the  Company  power  to  regulate  the  mode  of  transportation,  the 

erection  of  buildings  and  fixing  rates  of  toll. 
Sect.  11  affixes  a  penalty  for  damages   done  to  said  road,  and  defines  the  mode  of 

recovering  them. 
Sect.  15  prescribes  the  manner  of  crossing  private  ways,  canals,  highways,  or  turn- 
pikes. 
Sect.  16  declares  that  the  State  may  authorize  any  Company  to  enter  upon  this 

road,  on  paying  siich  rates  as  it  shall  prescribe. 
Sect.  17  gives  to  the  Directors  power  to  require  payment  of  subscriptions  to  the 

capital  stock,  when  they  shall  think  proper. 
Sect.  18  gives  to  the   Commissioners  power  to  require  payments  to  be  made  at  the 

time  of  making  subscriptions. 
Sect.  19  requires  the  Clerk's  office  to  be  kept  in  this  State. 
Sect.  20  requires  the  Company  to  take  proper  precautions,  at  the  approach  of  the 

engine  and  at  crossings  of  roads,  to  prevent  accidents  ;  and  makes  them  liable  for 

damages. 
Sect.  21  provides  for  making  preliminary  surveys. 
Sect.  22  provides  for  transporting  the  U.  S.  Mail. 


Laws  of  1817,  Xo.  15. 

An  Act  to  incorporate  the  Woodstock  Eailroad  Company. 

Sect.  1.  Be  it  enacted,  6^'c.  That  such  persons  as  shall  hereafter 
become  stockholders  of  said  company,  are  hereby  constituted  a  body 
corporate,  by  the  name  of  the  Woodstock  Railroad  Company,  for 
the  purpose,  and  with  the  right  of  building  a  railroad,  with  a  sin- 
gle or  double  track,  from  some  point  in  the  village  of  Woodstock, 


VERMONT.  831 

to  some  point  on  tlie  railroad  of  the  Vermont  Central  Railroad 
Company,  for  the  transportation  of  persons  and  property,  by  steam 
or  horse  power;  and  shall  have  all  the  rights  incident  to  corpora- 
tions. 

Sect.  2.  If  said  corporation  shall  not,  within  seven  years,  com- 
mence the  construction  of  said  road,  and  expend  thereon  at  least 
the  sum  of  five  thousand  dollars,  and  shall  not,  within  fifteen 
years,  complete  and  put  in  operation  said  road,  then  said  corpora- 
tion shall  cease  and  this  Act  become  void. 

Sect.  3.  The  capital  stock  of  said  company  shall  be  one  hundred 
and  fifty  thousand  dollars,  which  may  be  increased  to  an  amount 
suflicient  to  complete  said  road,  and  furnish  all  necessary  appa- 
ratus for  conveyance ;  which  shall  be  divided  into  shares  of  thirty 
dollars  each,  and  shall  be  deemed  personal  property,  and  be  trans- 
ferable in  such  manner  as  said  corporation  shall,  by  their  by- 
laws, direct. 

Sect.  4.  Oliver  P.  Chandler,  Andrew  Tracy,  Porter  B.  South- 
gate,  Orteman  A.  Bryant,  Daniel  Taft,  Owen  Taft,  Albert  G. 
Dewey,  and  James  Udall,  shall  be  commissioners,  who  shall  within 
five  years,  open  books  for  receiving  subscriptions  to  the  capital 
stock  of  said  company,  at  some  convenient  place  in  Woodstock, 
and  such  other  places  as  the  said  commissioners  shall  direct ;  and 
twenty  days'  notice  shall  be  given  by  said  commissioners,  of  the 
time  and  place  of  opening  said  books,  by  publishing  the  same  in 
some  public  newspaper  printed  in  the  county  of  Windsor;  and  as 
soon  as  said  stock  shall  be  subscribed,  said  commissioners  shall, 
in  like  manner,  give  notice  for  a  meeting  of  the  stockholders,  at 
such  time  and  place  as  they  shall  order,  for  the  election  of  nine 
directors;  and  such  election  shall  then  and  there  be  made,  by  such 
of  the  stockholders  as  shall  be  present,  either  in  person  or  by 
proxy,  each  proprietor  being  entitled  to  as  many  votes  as  he  holds 
shares  :  Provided^  they  do  not  amount  to  more  than  one  fourth 
part  of  the  whole  number  of  shares. 

Sect.  5.  The  said  commissioners  shall  be  inspectors  of  said  elec- 
tion, and  shall  certify  the  names  of  those  duly  elected,  and  shall 
deliver  to  the  directors  the  subscription  books  and  other  papers  ;  and 
the  said  directors  shall  then  proceed  to  elect  from  their  number,  a 
president  and  vice-president,  and  the  directors  and  officers,  so  elect- 
ed, shall  hold  their  respective  offices  one  year,  and  until  others  are 
elected  in  their  place.  The  time  and  place  of  holding  the  annual 
meetings  for  this  purpose,  shall  be  appointed  by  the  directors,  and 


832  WOODSTOCK   RAILROAD    COMPANY. 

twenty  days'  notice  thereof  shall  be  given,  by  publication  in  one 
newspaper  printed  in  the  county  of  Windsor. 

Sect.  6.  The  directors  may  cause  such  examinations  and  sur- 
veys of  said  road  to  be  made,  as  they  shall  deem  necessary  ;  and 
when  the  road  shall  be  finally  surveyed  and  laid  out,  the  directors 
shall  certify  the  same,  under  their  hands  and  seals,  one  of  which 
certificates  shall  be  recorded  in  the  town  clerk's  office  of  each  town 
through  which  said  road  shall  pass  ;  which  road,  so  surveyed  and 
certified,  shall  be  deemed  the  line  upon  which  said  road  is  to  be 
constructed,  as  hereinafter  mentioned ;  and  the  corporation  may 
make  such  alterations,  from  time  to  time,  in  the  course  of  said 
road,  as  they  shall  deem  expedient,  causing  a  certificate  of  the 
same  to  be  recorded  in  the  office  of  the  town  clerk  of  the  town  in 
which  such  alteration  is  made ;  and  the  expenses  of  said  surveys, 
and  all  incidental  expenses  relating  thereto,  shall  be  paid  by  said 
corporation. 

Sect.  7.  Seven  directors  shall  constitute  a  quorum,  and  shall  be 
competent  to  transact  all  the  business  of  the  corporation,  and  shall 
have  power  to  prescribe  by-laws  and  regulations  for  the  proper 
management  and  disposition  of  the  stock,  property,  and  effects  of 
the  corporation,  the  transfer  of  shares,  the  conduct  of  their  officers, 
election  of  directors,  and  all  other  matters  appertaining  to  the 
corporation,  and  shall  have  power  to  appoint  a  clerk  and  trea- 
surer, and  to  establish  such  salaries  for  the  officers  of  the  corpo- 
ration as  they  deem  proper. 

Sect.  8.  The  clerk  and  treasurer  shall  give  bonds  to  the  corpo- 
ration, with  sureties,  to  the  satisfaction  of  the  directors,  in  a  sum 
not  less  than  seven  thousand  dollars,  for  the  faithful  discharge  of 
their  trust. 

Sect.  9.  The  said  corporation  may  enter  upon  the  route  desig- 
nated for  their  road,  as  herein  provided,  and  may  enter  upon  and 
take  possession  of  all  such  lands  and  real  estate,  as  may  be  neces- 
sary for  the  construction  and  maintenance  of  their  railroad,  and  the 
requisite  accommodations  appertaining  thereto,  and  may  receive. 
and  hold,  all  voluntary  grants  of  real  estate  which  may  be  made 
to  them. 

Sect.  10.  All  lands  thus  entered  upon  and  used  by  the  corpora- 
tion, which  are  not  voluntarily  granted  to  them,  shall  be  purchased 
by  them  of  the  owner  or  owners  thereof;  and  in  case  the  parties 
disagree  as  to  the  price  of  the  land,  it  shall  be  the  duty  of  the 
judges  of  the  county  court  of  Windsor  county,  to  appoint  three  dis- 


VERMONT.  833 

interested  commissioners,  who  shall  determine  the  damages  which 
the  owner  or  owners  of  the  lands  so  entered  upon,  may  have  sus- 
tained, or  shall  be  likely  to  sastain,  by  the  occupation  of  the  same  ; 
and  upon  payment  of  such  damage,  with  the  expenses  attending 
such  appraisement,  or  upon  the  corporation's  depositing  in  any 
bank  in  the  county  of  Windsor,  to  the  credit  of  the  person  or  per- 
sons to  whom  an  award  may  have  been  made,  the  amount  of  said 
damages,  with  the  expenses  aforesaid,  and  giving  notice  of  said 
deposit  to  such  person  or  persons,  then  the  corporation  shall  be 
deemed  to  be  seised  of  such  lands  so  appraised. 

Sect.  11.  It  shall  be  the  duty  of  said  commissioners  to  give 
fifteen  days'  notice  of  the  time  and  place  of  such  appraisement,  to 
the  owner  of  the  lands  to  be  appraised,  and  they  shall,  as  soon  as 
may  be  after  the  appraisal,  deliver  to  the  corporation  a  written, 
statement  of  the  awards  made  by  them,  with  a  description  of  the 
lands  appraised,  which  shall,  within  sixty  days,  be  recorded  in  the 
office  of  the  town  clerk  of  the  town  in  which  the  lands  lie.  And 
in  case  any  owner  or  owners  of  lands  taken  by  said  company  shall 
be  married  women,  infants,  idiots,  or  insane,  or  shall  reside  with- 
out the  State,  the  corporation  shall  cause  the  damages  to  be  ascer- 
tained, in  the  manner  above  prescribed,  giving  notice  as  aforesaid, 
to  the  husband,  guardian,  or  agent,  of  such  owner  or  owners, 
respectively,  if  any  such  there  be,  and  shall  pay  the  amount  of 
damages  to  the  owners  respectively,  whenever  the  same  shall  be 
lawfully  demanded,  with  interest  at  the  rate  of  six  per  cent,  per 
annum ;  which  amount  and  interest  shall  be  a  specific  lien  on 
the  real  estate  of  the  corporation,  and  shall  have  a  preference  to 
any  other  demand  against  them. 

Sect.  12.  Should  the  corporation,  or  owner  of  any  lands  feel 
aggrieved  by  the  decision  of  the  commissioners  aforesaid,  either 
party  may,  within  ninety  days  from  the  time  of  recording  said 
decision  in  the  town  clerk's  ofiice,  as  aforesaid,  or  from  the 
removal  of  the  disabilities  in  the  preceding  section  mentioned,  or 
from  the  return  of  such  non-resident,  appeal  to  the  county  court 
in  the  county  of  Windsor ;  and  the  decision  of  said  court  shall  be 
final ;  and  said  court  shall  tax  costs  for  or  against  either  party,  as 
they  shall  judge  equitable. 

Sect.  13.  Said  corporation  may  regulate  the  time  and  manner  in 
v/hich  passengers  and  property  sliall  be  transported  upon  their 
road,  and  may  erect  such  buildings  for  their  accommodation  as 
they  may  deem  suitable,  and  may,  from  time  to  time,  fix,  regulate, 

70* 


834  WOODSTOCK  RAILROAD    COMPANY. 

and  receive  tolls  and  charges,  for  the  transportation  of  persons  and 
property  upon  said  road  :  Provided,  that  the  supreme  court,  at  any- 
stated  session  held  in  the  county  of  Windsor,  may  on  the  applica- 
tion of  any  ten  freeholders  in  any  town  or  towns  through  which  said 
road  may  pass,  alter  or  establish  the  rates  of  toll  upon  said  road, 
for  a  term  of  time  not  exceeding  ten  years,  at  any  one  time,  so 
that  said  company  shall  not  receive  less  than  ten  per  cent,  per 
annum  on  the  capital  stock,  over  and  above  all  charges  and  expen- 
ses of  said  company. 

Sect.  14.  If  any  person  shall  wilfully,  maliciously,  or  wantonly, 
obstruct  the  passage  of  any  carriage  on  said  road,  or  in  any  way 
injure  or  destroy  said  road,  or  any  part  thereof,  or  any  build- 
ings, engine,  carriage,  or  machine  appertaining  thereto,  or  any 
material  or  implement  employed  in  the  construction  thereof,  he 
shall  forfeit  and  pay  to  said  company  treble  damages,  to  be  recov- 
ered in  the  name  of  said  company,  with  full  costs,  in  an  action  on 
the  case,  before  any  court  competent  to  try  the  same,  and  shall 
also  be  liable  to  indictment  by  the  grand  jury  of  the  county  of 
Windsor,  and  be  punished  as  for  a  misdemeanor. 

Sect.  15.  If  said  railroad  shall  cross  any  private  way,  said  cor- 
poration shall  so  construct  the  same  as  not  to  obstruct  the  safe  and 
convenient  use  of  said  private  way;    and  if  said  railroad   shall 
not  be  so  constructed,  the  party  aggrieved  may  have  an  action  on 
the  case,  in  any  court  proper  to  try  the  same,  and  recover  reason- 
able damages  for  such  injury  ;  and  if  said  railroad  shall  cross  any 
canal,  highway,  or  turnpike,  the  same  shall  be  so  constructed  as 
not    to  impede  or  obstruct  the  safe  and  convenient  use  of  such 
canal,  highway,  or  turnpike ;  and  said  corporation  may  raise  or 
lower  such  turnpike,  highway,  or  private  way,  so  that  said  rail- 
road, if  necessary,  may  pass  over  or  under  the  same;  and  if  said 
corporation  shall  raise  or  lower  any  such  turnpike,  highway,  or 
private  way,  and  shall  not  so  raise  or  lower  the  same  as  to  be 
satisfactory  to  the  proprietors  of  said  turnpike,  or  to  the  selectmen 
of  the  town  in  which  such  highway  or  private  way  is  situated, 
said  proprietors  or  selectmen  may  require,  in  writing,  of  said  cor- 
poration, such  alteration  or  amendment  as  they  may  think  neces- 
sary; and  if  the  required  alteration  or  amendment  be  reasonable  and 
proper,  and  said  corporation  shall  unnecessarily  neglect  to  make 
the  same,  such  proprietors  or  selectmen  may  recover  all  damages 
resulting,  or  likely  to  result,  from  such  neglect,  in  an  action  on  the 
case,  against  the  corporation,  with, costs  of  suit,  and  if  said  rail- 


VERMONT.  835 

road  shall  intersect  or  cross  any  stream  of  water,  or  watercourse, 
the  corporation  may  construct  their  road  across  the  same  :  Provid- 
ed, they  return  such  stream  or  water  course  to  its  former  state,  or 
in  a  sufficient  manner  not  to  impair  its  usefulness ;  and  said  cor- 
poration shall  build  and  maintain  a  sufficient  fence  upon  each  side 
of  their  railroad,  through  the  whole  route  thereof;  but  nothing  in 
this  Act  shall  be  so  construed  as  to  prevent  the  crossing  of  said 
road  with  teams,  or  otherwise,  in  a  manner  not  calculated  to  injure 
the  same. 

Sect.  16.  The  State  may  authorize  any  company  to  enter  with 
another  railroad,  at  any  point  of  the  road  hereby  granted,  paying 
for  the  right  to  use  the  same,  or  any  part  thereof,  such  rate  of  toll 
as  the  legislature  may  hereafter  prescribe,  and  complying  with 
such  rules  and  regulations  as  may  be  established  by  the  company 
hereby  incorporated. 

Sect.  17.  The  directors  may  require  payment  of  the  sums  sub- 
scribed to  the  capital  stock,  at  such  times,  and  in  such  proportions, 
and  on  such  conditions,  as  they  shall  deem  best,  under  the  penalty 
of  forfeiture  of  all  previous  payments  thereon  ;  and  shall  give  notice 
of  the  payments  required,  and  of  the  time  and  place  at  which  the 
same  is  to  be  paid,  at  least  thirty  days  previous  thereto,  in  some 
newspaper  published  in  the  county  of  Windsor. 

Sect.  IS.  The  commissioners  named  in  section  four  may,  at  the 
time  of  subscription  to  the  capital  stock,  require  such  portions  of 
the  stock  to  be  paid  in  cash,  as  they  may  deem  proper. 

Sect.  19.  The  office  of  the  clerk  of  said  company  shall  be  kept 
in  this  State. 

Sect.  20.  Said  corporation  shall  cause  seasonable  and  proper 
notice  to  be  given  of  the  approach  of  any  locomotive  engine  upon 
the  road,  to  the  place  where  said  railroad  crosses  any  turnpike, 
highway,  or  private  way,  upon  the  same  level  with  said  road,  and 
shall  cause  suitable  signs  to  be  placed  across  each  highway  or  turn- 
pike, where  the  same  is  crossed  by  said  railroad  upon  the  same 
level  therewith ;  and  said  corporation  shall  be  liable  for  all  dama- 
ges sustained  by  any  person,  by  reason  of  the  neglect  of  the  provis- 
ions of  this  section,  to  be  recovered  in  an  action  on  the  case,  by 
the  person  sustaining  such  damages. 

Sect.  21.  The  said  commissioners,  provided  for  in  section  four, 
may  cause  such  preliminary  explorations  and  surveys  to  be  made 
as  they  may  deem  expedient,  and  the  expenses  thereof  shall  be 
paid  by  the  said  corporation  when  organized. 


836  BLACK   RIVER  RAILROAD    COMPANY. 

Sect.  22.  The  supreme  court  shall,  on  application  for  that  pur- 
pose, fix  the  price  for  which  the  United  States'  mail  shall  be  trans- 
ported to  and  I'rora  any  different  points  on  said  road,  which  shall 
continue  to  be  the  price  for  which  said  mail  shall  be  transported, 
until  the  same  shall  be  altered  by  said  court,  on  application  for 
that  purpose.     Appi-oved,  October  26,  1847. 


BLACK   RIVER  RAILROAD    COMPANY. 

INCORPORATED    IN    VERMONT    IN    1847. 

A'o.  16  of  the  Private  Acts  of  1847  contains  the  Charter. 

Sect.  1  describes  the  location  of  the  route. 

Sect.  2  fixes  the  respective  times  of  commencing  and  completing  the  road. 

Sect.   3  limits  the  capital  stock  to  $100,000,  in  shares  of  $100  each,  -with  power  to 

increase  it. 
Sect.  4  appoints  Commissioners  to  receive  subscriptions  to  the  capital  stock,  and 

organize  the  Company. 
Sect.  5  provides  for  the  election  of  a  President. 
Sect.  G  provides  for  his  election,  if  not  chosen  as  b)''  Section  5. 

Sect.  7  defines  the  powers  and  duties  of  the  Directors,  authorizes  the  Company  to 
take  land  for  the  purposes  of   the  road,  establishes  the  manner  of  estimating  land 
damages,  and  provides  for  the  appointment  of  Commissioners  for  that  purpose. 
Sect.  8  directs  the  form  of  appeal  from  the  decision  of  said  Commissioners. 
Sect.  9  empowers  the  Company  to  regulate  the  mode  of  transportation,  erecting 
buildings,  and  the  rates  of  toll ;  providing,  however,  for  an  appeal  to  the  Supreme 
Court. 
Sect.  10  requires  the  Company  to  keep  true  books  of  account. 
Sect.  11  compels  the  Company  to  publicly  post  their  rates  of  toll. 
Sect.  1 2  affixes  a  penalty  for  damages  done  to  said  road,  and  defines  the  mode  of 

recovering  it. 
Sect.  13  prescribes  the  manner  of  crossing  private  ways  and  highways. 
Sect.  14  declares  that  the  Legislature  ma}%  after  fifty  years,  purchase  the  rights  and 
franchise  of  the  road,  by  paying  such  sum  as,  with  the  receipts  of  the  road,  shall 
equal  10  per  cent,  on  its  cost. 
Sect.  1-j  authorizes  the  Directors  to  prescribe  the  mode  of  paying  instalments  on 

shares,  under  penalty  of  forfeiture  of  previous  payments. 
Sect.  16  requires  the  Clerk's  office  to  be  kept  in  this  State. 
Sect.  17  gives  to  the  Company  and  its  agents  power  to  enter  upon  land  contiguous 

to  the  road,  for  the  purposes  of  its  construction. 
Sect.  18  declares  this  Act  to  be  a  Public  Act. 
Sect.  19  provides  for  making  an  annual  report. 
Sect.  20  provides  for  the  transportation  of  the  U.  S.  Mail. 
Sect.  21  makes  this  Corporation  amenable  to  such  general  laws   as  may  be  passed 

respecting  railroads. 
Sect.  22  provides  that  this  Act  shall  take  effect  from  its  passage. 


VERMONT.  837 

Laws  of  1847,  No.  16. 
An  Act  to  incorporate  the  Black  River  Eailroad  Company. 

Sect.  1.  It  is  hereby  enacted,  (^'c.  Tliat  Russell  Burke,  Henry- 
Barnard,  Ebenezer  A.  Knight,  Jonathan  Chase,  George  Washburn, 
Abner  Field,  William  M.  Pingrey,  Joseph  Kidder,  and  their  asso- 
ciates and  successors,  are  constituted  a  corporation,  by  the  name 
of  the  Black  River  Railroad  Company,  for  the  purpose,  and  with 
the  right  of  building  a  railroad,  with  a  single  or  double  track,  from 
some  point  in,  or  near  Perkinsville,  in  Weathersfield,  thence  down 
the  valley  of  Black  River,  through  Springfield,  to  some  point  on 
the  west  bank  of  Connecticut  River,  and  on  the  dividing  hue 
between  the  States  of  Vermont  and  New  Hampshire,  most  con- 
venient for  meeting,  or  connecting  with,  a  branch  or  spur,  that 
shall  be  built  from  the  railroad,  to  be  built  on  the  route  described 
in  the  Act  incorporating  the  Sullivan  Railroad  Company,  granted 
by  the  legislature  of  New  Hampshire,  or  with  some  other  railroad, 
that  shall  be  built  in  the  valley  of  Connecticut  River,  as  the  said 
company  shall,  hereafter,  designate;  to  carry  persons,  or  property, 
on  the  said  road,  by  power  of  steam,  or  otherwise ;  and  by  that 
name  may  sue  and  be  sued,  have  a  common  seal,  and  shall  have 
all  the  rights  incident  to  corporations. 

Sect.  2.  If  the  company  shall  not,  within  seven  years,  com- 
mence the  construction  of  said  road;  and  shall  not,  within  ten 
years,  complete,  and  put  in  operation  said  road,  then  this  corpora- 
tion shall  cease,  and  this  Act  be  void. 

Sect.  3.  The  capital  stock  of  the  company  shall  be  one  hundred 
thousand  dollars,  which  may  be  increased  by  the  company,  to  an 
amount  sufficient  to  complete  the  road,  and  furnish  carriages  and 
necessary  apparatus,  for  the  convenient  and  profitable  use  of  the 
road;  which  capital  stock  shall  be  divided  into  shares  of  one  hun- 
dred dollars  each,  and  shall  be  deemed  personal  property,  and  be 
transferable  in  such  manner  as  the  company  shall,  by  their  by- 
laws, direct. 

Sect.  4.  Russell  Burke,  Ebenezer  A.  Knight,  Abner  Field, 
Joseph  Kidder,  Jonathan  Chase,  William  M.  Pingrey,  Robert  B. 
Cram,  Charles  Barrett,  and  Hyren  Henry,  shall  be  commissioners, 
who  shall,  within  five  years,  open  books  for  receiving  subscriptions 
to  the  capital  stock  of  said  company,  at  some  convenient  place  or 


838  BLACK   RIVER  RAILROAD    COMPANY. 

places,  ill  Windsor  county,  and  in  such  other  places,  as  they  shall 
deem  proper;  and  twenty  days'  notice  shall  be  given  by  them,  of 
the  time  and  place  of  opening  the  said  books,  by  publishing  the 
same,  in  some  newspaper,  printed  in  the  county  of  Windsor,  and 
when  one  hundred  shares  shall  be  subscribed,  or  as  soon  thereafter 
as  the  commissioners  shall  direct,  the  commissioners  may  give  a 
like  notice,  for  the  meeting  of  the  stockholders,  at  such  time  and 
place  as  the  commissioners  may  appoint,  to  choose  seven  directors; 
and  such  election  shall  then  be  made  by  the  stockholders,  who 
may  attend  for  that  purpose,  either  in  person,  or  by  proxy,  each 
share  of  the  stock  entitling  the  stockholder  to  one  vote ;  and  the 
commissioners  shall  be  inspectors  of  the  first  election  of  directors, 
and  shall  certify  the  names  of  those  duly  elected,  and  deliver  to 
such  directors  the  books  of  subscription,  and  all  sums  of  money 
deposited  with  them,  on  all  shares  subscribed  as  aforesaid  ;  the 
time  and  place,  for  the  first  meeting  of  the  directors,  shall  be  fixed, 
by  the  commissioners;  and  a  new  election  shall  be  made  annually, 
at  such  time  and  place  as  the  directors  shall  appoint,  giving  thirty 
days'  notice  thereof,  in  one  newspaper,  printed  in  Windsor  county, 
and  in  such  other  papers,  as  they  may  deem  proper.  The  du'ec- 
tors  may  cause  such  examinations  and  surveys  of  the  said  road,  to 
be  made,  as  may  be  necessary,  to  determine  upon  the  best  route 
for  a  road;  between  the  points  mentioned:  and  the  directors,  or  a 
majority  of  them,  after  such  examination  and  surveys  shall  be 
made,  shall  designate  the  route,  which  they  deem  the  most  advan- 
tageous for  the  road,  between  the  points  aforesaid,  in  said  towns 
of  Weathersfield  and  Springfield,  and  make  a  certificate  thereof, 
under  their  hands  and  seals,  and  cause  the  certificate  to  be  record- 
ed in  the  town  clerk's  office,  in  each  town,  through  which  the  road 
shall  pass;  which  route  so  designated  and  certified,  shall  he-  the 
route  on  which  the  company  shall  construct  and  make  their  track  ; 
and  the  corporation  may,  from  time  to  time,  make  such  alterations 
in  the  course  of  the  road,  as  they  may  deem  expedient,  causing  a 
certificate  of  the  same  to  be  recorded  in  the  office  of  the  town  clerk 
of  each  town,  in  which  the  alteration  is  made;  the  expenses  of 
which  surveys,  and  all  incidental  expenses  relating  thereto,  shall 
be  paid  by  the  corporation. 

Sect.  5.  The  directors  shall  elect  from  their  own  number,  a  pre- 
sident and  vice-president;  and  the  president,  or  in  case  of  his 
absence,  death,  or  inability,  the  vice-president,  shall  preside  at  all 
the  meetings  of  the  directors  and  stockholders ;  and  in  case  of  the 


VERMONT,  839 

death  or  resignation  of  the  president,  or  any  director,  the  vacancy 
may  be  filled,  for  tiie  remainder  of  the  year,  by  such  person,  being 
a  stockholder,  as  the  directors  shall  choose. 

Sect.  G.  If  any  election  of  directors  should  not  be  made,  on  any 
day,  as  provided  in  this  Act,  the  company  shall  not  thereby  be 
dissolved ;  but  such  election  may  be  made  at  any  other  time, 
directed  by  the  by-laws  of  the  company ;  and  the  old  directors 
shall  hold  their  offices,  until  others  are  chosen  in  their  stead. 

Sect.  7.  Five  directors  shall  form  a  board  who  shall  be  compe- 
tent to  transact  all  the  business  of  the  company;  and  they  may 
make  such  by-laws  and  regulations,  as  may  be  necessary  for  the 
management  and  disposition  of  the  stock,  property,  and  effects  of 
the  corporation  ;  the  transfer  of  shares  ;  the  duties  and  conduct  of 
their  officers  and  servants;  the  election  of  directors;  and  for  all 
other  matters  relating  to  the  company  ;  and  may  appoint  a  clerk 
and  treasurer,  and  fix  their  salaries,  and  the  salary  of  the  president, 
and  all  other  officers  and  servants  of  the  company.  The  treasurer 
shall  give  bonds  to  the  corporation,  with  sureties,  to  the  satisfac- 
tion of  the  directors,  in  a  sum  not  less  than  ten  thousand  dollars, 
for  the  faithful  discharge  of  his  trust.  The  corporation,  by  their 
officers  and  servants,  may  enter  upon  the  route,  so  designated  for 
said  road,  to  lay  out  the  road,  not  exceedmg  six  rods  in  width, 
through  the  whole  length  of  the  route,  and  enter  upon  and  take 
possession  of,  and  use  all  such  land  and  real  estate,  as  may  be 
necessary  for  the  construction  and  maintenance  of  their  railroad, 
and  for  the  requisite  accommodations  of  the  same ;  and  may  take 
and  hold  all  such  grants  and  donations  of  real  estate,  as  may  be 
made  to  the  company,  for  their  use  and  benefit;  and  all  lands  thus 
entered  upon,  which  are  not  gifts,  shall  be  purchased  by  the  corpo- 
ratijon  of  the  owner  or  owners  of  the  same  ;  and  in  case  the  parties 
disagree  upon  the  price  of  said  lands,  and  before  making  any  por- 
tion of  the  road  upon  said  lands,  the  judges  of  the  county  court 
for  Windsor  county,  shall,  upon  the  petition  of  the  corporation, 
appoint  three  disinterested  commissioners,  who  shall  determine  the 
damages  which  the  owner  or  owners  of  said  lands,  thus  entered 
upon,  may  have  sustained  or  shall  be  likely  to  sustain,  by  the 
occupation  of  the  same,  and  upon  payment  of  such  damages, 
with  the  expenses  attending  the  same,  the  commissioners  being 
allowed  three  dollars  per  day  each,  while  thus  employed,  or  upon 
said  corporation  depositing,  in  any  bank  in  Windsor  county,  to  the 
credit  of  the  person  or  persons,  to  whom  an  award  may  have  been 


840  BLACK   RIVER   RAILROAD    COMPANY. 

made,  the  amount  of  said  damages,  and  paying  the  expenses  of 
said  appraisal,  the  proper  officers  of  said  bank  giving  notice  to  such 
person  or  persons,  of  such  deposit,  by  letter,  then  the  corporation 
shall  be  deemed  to  be  seised  of  such  lands.  The  commissioners 
shall  give  three  days'  notice  to  the  occupants  or  owners  of  the  lands 
to  be  appraised,  of  the  time  and  place,  when  and  where  they  will 
attend  to  such  appraisal ;  and  when  such  appraisal  is  made,  they 
shall  deliver  to  said  corporation  a  written  statement  of  the  same, 
with  a  description  of  the  land,  so  by  them  appraised,  which  the 
corporation  shall,  within  sixty  days  thereafter,  cause  to  be  recorded 
in  the  town  clerk's  office,  in  the  town  in  which  such  lands  lie;  and 
in  case  the  owner  of  lands  taken  by  the  company,  shall  be  a  mar- 
ried woman,  an  infant,  idiot,  or  insane,  or  shall  not  reside  in  this 
State,  then  the  company  shall  cause  the  damages  to  be  determined 
in  the  manner  above  described,  and  shall  pay  the  same  to  the 
owners  last  above  mentioned,  when  the  same  shall  be  lawfully 
demanded,  with  the  interest  thereon,  at  the  rate  of  six  per  centinn 
per  annum ;  which  said  damages,  and  the  interest  thereon,  shall 
be  a  specific  lien  upon  the  real  estate  of  said  company,  and  shall 
be  preferred  before  any  other  demand  against  said  company. 

Sect.  S.  The  corporation,  or  the  owner  of  such  lands  or  mate- 
rials, feeling  aggrieved  by  the  decision  of  the  commissioners,  either 
party  may  within  ninety  days  from  the  making  of  such  decision, 
appeal  to  the  county  court,  in  the  county  of  Windsor,  by  lodging 
with  tbe  county  clerk,  a  written  appeal  from  such  decision,  and 
servmg  a  copy  of  such  appeal  upon  the  adverse  party  ;  and  the 
decision  of  the  judges  of  the  county  court,  upon  such  appeal  and 
appraisal,  shall  be  final,  and  said  court  may  tax  costs  to  either 
party,  as  may  be  just. 

Sect.  9.  The  company  may  regulate  the  time  and  manner  in 
which  passengers  and  property  shall  be  transported  on  their  rail- 
road, and  may  erect  and  maintain  toll-houses  and  other  buildings 
for  their  accommodation,  and  the  convenient  use  of  the  road,  as 
they  may  deem  suitable ;  and  may  collect  and  receive  toll  and 
charges,  for  the  transportation  of  persons  and  property  on  said 
road,  at  such  rate  per  mile,  as  may,  from  time  to  time  be  fixed, 
by  the  corporation  :  Provided,  that  the  supreme  court,  at  any 
stated  session  thereof,  held  in  the  county  of  Windsor,  on  applica- 
tion of  ten  freeholders  in  Springfield  or  Weathersfield,  may  alter 
or  establish  the  rate  of  toll  upon  said  road,  for  a  term  of  time,  not 
exceeding  ten  years  at  any  one  time,  and  in  such  manner  that  the 


VERMONT.  841 

corporation  shall  receive  not  less  than  ten  per  centnm  per  annum, 
on  the  amount  of  capital  stock,  after  deducting  all  the  expenses  of 
the  corporation,  after  said  corporation  shall  commence  taking  toll 
on  said  road. 

Sect.  10.  The  corporation  shall  keep  just  and  true  books  and 
accounts  of  all  expenses  incurred,  in  surveying,  building,  and  keep- 
ing in  repair,  the  said  railroad  ;  and  also  of  all  the  income  arising 
from  the  same ;  which  books  and  accounts  shall,  at  all  times,  be 
open  to  the  inspection  of  any  committee  of  the  legislature,  or  of 
the  supreme  court ;  and  any  such  committee  may  examine  the 
officers  of  the  corporation  under  oath,  as  to  their  receipts  and 
expenses. 

Sect.  11.  The  corporation  shall  keep  constantly  exposed  to  view, 
at  all  places,  where  they  have  toll-houses  or  gates,  and  at  all  pub- 
lic places,  where  they  receive  passengers  or  freight,  a  sign  or  hand- 
bill, with  the  rates  of  toll  legibly  written  or  printed  thereon. 

Sect.  12.  If  any  person  shall  wilfully  obstruct  the  passage  on  the 
said  road,  or  in  any  way  injure  or  destroy  the  same,  or  any  part 
thereof,  or  any  building,  engine,  machine-work,  or  any  thing  be- 
longing to  said  road,  or  any  material  or  implement  used  in  the 
construction  thereof,  or  shall  assist,  aid,  or  abet  in  such  act  or  acts, 
he  shall  forfeit  and  pay  to  the  corporation  treble  the  amount  of 
damages  sustained,  by  reason  of  such  offence,  to  be  recovered  in 
the  name  of  the  company,  with  costs,  by  an  action  of  debt,  and 
shall  be  liable  to  indictment,  by  the  grand  jury  of  the  county  of 
Windsor,  for  such  offence,  and  on  conviction  thereof,  before  said 
county  court,  shall  be  punished  as  for  a  misdemeanor,  or  pay  a  fine, 
not  exceeding  one  hundred  dollars,  and  not  less  than  thirty  dollars, 
in  the  discretion  of  the  court,  to  the  use  of  the  State. 

Sect.  13.  If  the  railroad  shall  cross  any  private  way,  the  corpo- 
ration shall  so  construct  their  road,  as  not  to  obstruct  the  safe  and 
convenient  use  of  said  private  way  ;  and  if  the  said  road  shall  not 
be  so  constructed,  the  party  aggrieved  may  have  an  action  on  the 
case,  in  any  court  proper  to  try. the  same,  and  recover  reasonable 
damages  for  such  injury,  and  if  the  said  railroad  shall  cross  any 
highway,  the  same  shall  be  so  constructed  as  not  to  impede  or 
obstruct  the  safe  and  convenient  use  of  such  highway ;  and  the 
corporation  may  raise  or  lower  such  highway  or  private  way,  so 
that  the  railroad  may,  if  necessary,  pass  over  or  under  the  same; 
and  if  the  corporation  shall  raise  or  lower  any  such  highway  or 
private  way,  and  shall  not  so  raise  or  lower  the  same,  as  to  be 

71 


842  BLACK  EIVER   RAILROAD    COMPANY. 

satisfactory  to  the  selectmen  of  the  town,  in  which  the  highway  or 
private  way  is  situated,  such  selectmen  may  require,  in  writing,  of 
the  corporation,  such  alteration  or  amendment,  as  they  may  think 
necessary  ;  and  if  the  required  amendment  or  alteration  be  reason- 
able and  proper,  and  the  corporation  shall  unnecessarily  neglect  to 
make  the  same,  such  selectmen  may  have  an  action  on  the  case, 
against  said  corporation,  in  any  court  proper  to  try  the  same,  and 
shall  therein  recover  all  damages  Avhich  may  be  sustained  or  be 
likely  to  be  sustained,  by  reason  of  such  neglect,  with  costs  of  suit; 
and  if  the  said  railroad  shall  intersect  or  cross  any  stream  of  water, 
or  watercourse,  the  corporation  may  construct  the  same,  across 
such  stream  or  watercourse :  Provided,  they  restore  the  same,  as 
near  as  practicable,  to  its  former  state  and  usefulness.  And  the 
corporation  shall  build  and  maintain  a  sufficient  fence,  on  each 
side  of  their  railroad,  through  its  whole  route,  where  a  fence  is 
necessary,  for  the  owners  or  occupants  of  the  adjacent  land  :  Pro- 
vided, that  nothing  in  this  Act  shall  be  so  construed  as  to  prevent 
the  crossing  of  said  railroad,  with  teams  or  otherwise,  in  a  manner 
not  calculated  to  injure  the  same. 

Sect.  14.  The  legislature  may,  at  any  time,  after  the  expiration 
of  fifty  years,  from  the  opening  of  the  road  for  use,  and  not  before, 
purchase  of  the  corporation  the  railroad,  and  all  the  property, 
rights,  and  privileges  thereof,  by  paying  therefor  the  amount 
expended  in  making  the  same,  the  expense  of  repairs,  and  all  other 
expenses  relating  thereto  ;  and  if,  at  the  time  of  purchase,  the  cor- 
poration shall  not  have  received  an  income,  equal  to  ten  per  centum 
per  annum,  on  the  original  cost,  over  and  above  the  charges  and 
expenses  relating  thereto,  the  legislature  shall  pay  the  corporation 
such  additional  sum,  as  together  with  the  tolls  and  profits  of  every 
kind  received  from  the  road,  will  be  equal  to  ten  per  centum  per 
annum,  on  the  cost  of  the  road,  from  the  date  of  the  payment 
thereof,  by  the  stockholders  of  the  corporation,  to  the  time  of  such 
purchase. 

Sect.  15.  The  directors  of  the  company  may  require  payment  of 
the  sums  subscribed  to  the  capital  stock,  in  such  proportions,  and 
at  such  times,  as  they  shall  deem  best,  not  exceeding  ten  dollars  at 
one  time,  and  one  hundred  dollars  upon  any  one  share,  under  the 
penalty  of  the  forfeiture  of  all  previous  payments  thereon ;  and 
when  the  directors  shall  require  the  payment  of  any  portion  of  the 
capital  stock  of  said  company,  they  shall  give  at  least  thirty  days' 
notice,  of  the  time  and  place  of  such  payment,  by  publishing  the 


VERMONT.  843 

same,  in  at  least  one  newspaper,  in  the  county  of  Windsor,  and 
such  other  places  as  they  may  deem  proper. 

Sect.  16.  The  office  of  the  clerk  of  said  corporation  shall  be 
kept  in  this  State. 

Sect.  17.  The  company  may,  by  their  engineers,  agents,  or 
workmen,  with  such  teams,  carriages,  and  tools,  as  they  may  find 
convenient,  enter  npon  any  lands  contiguous  to  the  road,  or  the 
work  connected  therewith,  to  dig,  blast,  carry  away,  and  use,  such 
stone,  gravel,  and  earth,  as  may  be  necessary  for  building  or  re- 
pairing the  road,  doing  thereby  as  little  damage  as  the  nature  of 
the  case  will  permit;  and  in  case  damage  shall  be  claimed  by  the 
owner  of  the  land,  thus  entered  upon,  and  for  the  stone,  gravel, 
and  earth,  thus  carried  away,  and  the  owner  and  the  company  do 
not  agree  upon  the  sum  to  be  paid  therefor,  the  same  shall  be 
assessed  by  commissioners,  in  the  manner  before  prescribed,  in  this 
Act ;  and  either  the  company  or  the  owner,  feeling  aggrieved,  may 
appeal,  as  aforesaid. 

Sect.  18.  This  Act  shall  be  deemed  to  be  a  public  Act,  and  shall 
be  construed  favorably  and  beneficially,  for  all  the  purposes  for 
which  it  is  intended. 

Sect.  19.  The  directors  shall,  annually,  on  or  before  the  third 
Tuesday  of  October,  make  a  report  to  the  legislature,  of  their  pro- 
ceedings, receipts,  and  expenditures ;  and  their  books  shall,  at  all 
times,  be  open  to  the  inspection  of  a  committee  of  the  legislature 
appointed  for  that  purpose. 

Sect.  20,  The  supreme  court  shall,  on  application  for  that  pur- 
pose, fix  the  price  for  which  the  United  States'  mail  shall  be  trans- 
ported to  and  from  any  different  points  on  said  road;  which  shall 
continue  to  be  the  price,  for  which  said  company  shall  transport 
said  mail,  until  the  same  shall  be  diminished  or  increased  by  said 
court,  which  they  may  do,  on  application  for  that  purpose. 

Sect.  21.  This  corporation  shall  be  subject  to  any  general  law 
respecting  railroad  corporations,  which  shall  hereafter  be  passed, 
not  inconsistent  with  the  express  provisions  of  this  Act. 

Sect.  22.  This  Act  shall  take  efifect  from  its  passage.     Approved 
November  6,  1S47. 


844  RUTLAND   AND    WASHINGTON   RAILROAD    COMPANY. 


RUTLAND   AND  WASHINGTON  RAILROAD    COMPANY. 

INCORPORATED    IN    VERMONT    IN    1847. 

No,  17  of  the  Private  Acts  of  1847  contains  the  Charter. 

Sect   1  describes  the  location  of  the  route. 

Sect.  2  fixes  the  respective  times  of  commencing  and  completing  the  road. 

Sect.  3  limits  the  capital  stock  to  $300,000,  in  shares  of  $100  each,  with  power  to 

increase  it. 
Sect.  4  appoints  Commissioners  to  receive  subscriptions  to  the  capital  stock,  and 

organize  the  Company. 
Sect.  5  provides  for  the  election  of  a  President  by  the  Directors. 
Sect.  6  defines  the  powers  and  duties  of  Directors. 
Sect.  7  authorizes  the  Company  to  take  land  for  the  purposes  of  the  road,  establishes 

the  manner  of  estimating  land  damages,  and  provides  for  the  appointment  of  Com- 
missioners for  that  purpose. 
Sect.  8  settles  the  form  of  appeal  from  the  decision  of  said  Commissioners. 
Sect.  9  empowers  the  Company  to  receive  toll,  providing,  hov>'ever,  for  an  appeal  to 

the  Supreme  Court. 
Sect.  10  requires  the  Company  to  keep  true  books  of  accoimt. 
Sect.  1 1  affixes  a  penalty  for  damages  done  to  the  road,  and  defines  the  mode  of 

recovering  the  same. 
Sect.  12  prescribes  the  manner  of  crossing  any  private  way  or  highway,  and  of 

recovering  damages  therefor. 
Sect.  13  declares  that  the  Legislature  may  authorize  any  road  to  enter  upon  this, 

by  paying  such  rates  of  toll  as  it  shall  prescribe. 
Sect.  14  provides  for  the  purchase,  by  the  State,  of  the  rights  and  franchise  of  the 

Company,  after  the  expiration  of  fifty  years. 
Sect,  15  gives  to  the  Directors  power  to  require  payment  of  subscriptions  to  the 

capital  stock,  when  they  shall  think  jDroper. 
Sect.  16  gives  to   the  Commissioners  power  to  require  payments,  at  the  time  of 

making  subscriptions. 
Sect.  17  provides  that  this  Act  shall  take  effect  from  its  passage. 
Sect.  18  requires  the  Clerk's  office  to  be  kept  in  this  State,  in  some  town  on  the 

line  of  the  road. 
Sect.  19  authorizes  this  Company  to  malce  contracts  with  any  Company  in  New 

York,  now  or  to  be  incorporated,  for  transportation  of  persons  and  property  on 

this  road ;  also  to  lease  or  sell  this  road  to,  or  unite  with  such  Company. 
Sect.  20  authorizes  this  Company  to  unite  with  the  Saratoga  and  Washington  Rail- 
road Company,  and  to  enter  xipon  the  road  of  the  Champlam  and  Connecticut 

River  Railroad  Company. 
Sect.  21  declares  this  Act  to  be  a  Public  Act. 
Sect.  22  authorizes  the  Commissioners,  in  the  event  of  an  equal  division  of  opinion 

upon  any  subject,  to  ajDpoint  an  additional  member,  and  then  a  majority  shall 

control. 


VERMONT.  845 

Sect.  23  authorizes  this  Company  to  build  a  branch  to  the  town  of  Poultney,  or 

Castlcton,  or  Fairhaven. 
Sect.  24  provides  for  the  transportation  of  the  TJ.  S.  Mail. 
Sect.  25  appoints  the  mode  of  recei'sdng  subscriptions  to  the  capital  stock. 
Sect.  26  requires  the  Company  to  take  proper  precautions  on  the  approach  of  the 

engme  and  at  the  crossings,  to  prevent  accidents,  and  makes  them  liable  for 

damages. 
Sect.  27  makes  this  Company  amenable  to  such  general  laws  as  may  be  passed 

respecting  railroads,  unless  inconsistent  with  the  express  provisions  of  this  Act. 

No.  60  of  the  Private  Acts  of  1849  contains  an  additional  Act. 

Sect.  1  authorizes  said  Company  to  construct  a  branch  as  described. 

Sect.  2  empowers  them  to  enter  upon  and  use  lands  required  therefor. 

Sect.  3  authorizes  the  capital  stock  to  be  increased. 

Sect.  4  provides,  if  Avithin  three  years  they  do  not  commence  said  branch,  and 

within  five  years  complete  and  put  in  operation  the  same,  that  this  Act  shall  be 

void. 


Laws  of  1847,  No.  17. 
An  Act  to  incorporate  the  Rutland  and  Washington  Railroad  Company. 

Sect.  1.  It  is  hereby  enacted^  ^'c.  That  such  persons  as  shall 
hereafter  become  stockholders  of  said  company,  are  constituted  a 
body  corporate,  by  the  name  of  the  Rutland  and  Washington  Rail- 
road Company,  for  the  purpose  and  with  the  right  of  building  a 
railroad,  with  a  single  or  double  track,  from  some  point  in  the  town 
of  Rutland,  thence  through  the  towns  of  Ira,  Castleton,  and  Fair- 
haven,  or  Poultney,  to  some  point  in  the  west  line  of  this  State,  in 
said  town  of  Fairhaven  or  Poultney,  most  convenient  for  meeting 
and  connecting  with  a  railroad  to  be  built  by  the  Saratoga  and 
Washington  Railroad  Company,  in  the  State  of  New  York ;  to 
carry  persons  or  property  on  said  road,  by  the  power  of  steam,  or 
otherwise  ;  and  by  that  name  may  sue  and  be  sued,  may  have  a 
seal,  and  shall  have  all  the  rights  incident  to  corporations. 

Sect.  2.  If  said  corporation  shall  not,  within  five  years  from  the 
passage  of  this  Act,  build  and  put  in  operation  the  whole  of  said 
road,  then  the  rights  and  powers  granted  by  this  Act  shall  cease 
for  such  parts  of  said  road  as  shall  not  be  completed,  but  shall  be 
valid  for  such  parts  of  said  road  as  shall  then  be  built  and  put  in 
operation. 

Sect.  3,  The  capital  stock  of  said  corporation  shall  be  three  hun- 

71* 


846  RUTLAND    AND    WASHINGTON   RAILROAD    COMPANY. 

dred  thousand  dollars  ;  which  may  be  increased  to  such  an  amount 
as  may  be  necessary  to  complete  said  road,  and  furnish  all  neces- 
sary buildings,  carriages,  and  all  other  needful  appurtenances 
thereto;  and  said  capital  stock  shall  be  divided  into  shares  of  one 
hundred  dollars  each,  and  shall  be  deemed  personal  property,  and 
may  be  transferred  in  the  manner  which  said  corporation  may,  by 
their  by-laws  prescribe. 

Sect.  4.  Robert  Pierpoint,  William  Y.  Ripley,  James  Adams, 
Aruuah  W.  Hyde,   Benjamin  F,  Langdon,    William  C.  Kittredge, 
Alanson  Allen,  Michael  J.  Myers,  Alfred  H.  Griswold,  Edgar  L. 
Ormsbee,  Solomon  Foot,  Zimri  Howe,  Merritt  Clark,  Horace  Clark, 
Henry  Stanley,   Isaac  W.  Thompson,   Moses  Miller,   and  Charles 
W.  Kellogg,   shall  be  commissioners,  who  shall,  within  one  year, 
open  books  for  receiving  subscriptions  to  the  capital  stock  of  said 
corporation,    at    some    convenient   place   in   Rutland,   Castleton, 
Whitehall,  Poultney,  Granville,  and  Fort  Ann,  and  at  such  other 
places  as  they  shall  deem  proper,  giving  twenty  days'  notice  thereof 
in  all  the  newspapers  printed  in  the  county  of  Rutland,  and  in  the 
town  of  Whitehall ;  and  shall  call  all  meetings  of  said  corporation 
necessary  for  the  due  organization  of  the  same;  and  as  soon  as  the 
capital  stock,  or  one  hundred  thousand  dollars  of  the  same,  shall 
be  subscribed,  the  said  commissioners  shall  call  a  meeting  of  the 
stockholders,  giving  twenty  days'  notice  thereof,  by  publication 
as  aforesaid,  to  choose  seven  directors  :  and  said  directors  shall 
be  chosen  by  sucli  of  the  stockholders  as  shall  attend  in  per- 
son or  by  proxy,  each  stockholder  to  have  as  many  votes  as  he 
holds  shares ;  and  said  commissioners  shall  be  inspectors  of  the 
first  election  of  directors,    and   shall  certify  the   names  of  those 
elected,  and  deliver  the  books  of  subscription  to  such  directors; 
and  the  time  and  place  of  holding  the  first  meeting  of  the  directors 
shall  be  fixed  by  said  commissioners ;  a  new  election  of  directors 
shall  be  made  annually,  at  such  time  and  place  as  the  board  of 
directors  shall  appoint,  giving  twenty  days'  notice  of  said  meeting, 
by  a  publication  thereof  in  some  newspaper  printed  in  the  county 
of  Rutland  ;   said  directors  may  appoint  an  engineer,  and  cause 
such  examinations  and  surveys  of  said  road  to  be  made  as  they 
may  deem  necessary ;  and  said  directors,  after  making  such  exam- 
inations and  surveys,  shall,  by  certificates  under  their  hands  and 
seals,  designate  the  line  or  route  on  which  said  railroad  shall  be 
made;  and  they  shall  cause  the  same  to  be  recorded  in  the  several 
town  clerks'  offices  in  the  towns  through  which  said  road  shall  pass; 


VERMONT.  847 

and  said  company  may  make  any  alterations  in  the  route  of  said 
road,  from  time  to  time,  always  causing  the  same  to  be  recorded  in 
the  town  clerk's  office  in  the  town  where  such  alterations  shall  be 
made  ;  and  the  expense  of  such  examination  and  survey,  as  well 
as  all  preliminary  surveys  now  making  or  made,  and  all  incidental 
expenses  relating  thereto,  shall  be  paid  by  said  company. 

Sect.  5.  The  directors,  as  soon  as  may  be  after  their  election, 
shall,  annually,  elect  from  their  own  number,  a  president  and  vice- 
president  ;  and  in  case  of  the  death,  resignation,  or  absence  of  the 
president,  the  vice-president  shall  preside  until  another  president 
shall  be  chosen  ;  and  in  case  of  the  death  or  resignation  of  any 
officer  of  the  company,  the  directors  may  fill  such  vacancy  until 
the  next  annual  election. 

Sect.  6.  Five  directors  shall  form  a  board,  who  shall  be  com- 
petent to  transact  all  the  business  of  the  company ;  they  may 
make  such  by-laws,  rules,  and  regulations  as  they  shall  deem  need- 
ful and  proper,  for  the  management  and  disposition  of  the  stock, 
property,  and  effects  of  said  company,  the  transfer  of  shares, 
the  duties  and  conduct  of  their  officers,  the  election  of  directors, 
and  all  other  matters  pertaining  to  the  concerns  of  said  compa- 
ny ;  they  may  also  appoint  a  clerk  and  treasurer,  who  shall  give 
bonds  for  the  faithful  discharge  of  their  duties,  and  as  many  ser- 
vants as  they  shall  think  best,  and  fix  the  salary  of  every  officer 
and  servant  of  said  company. 

Sect.  7.  Said  corporation  may,  by  their  engineers  and  agents, 
enter  upon  the  route  so  to  be  designated  as  aforesaid  by  said 
directors,  as  the  line  or  route  upon  which  to  make  said  road,  and 
take  possession  of  and  use  all  such  land  and  real  estate  as  may  be 
necessary  for  the  construction  and  maintenance  of  said  road,  and 
the  accommodation  requisite  to  the  same;  and  may  take  and  hold 
all  grants  and  donations  of  land  and  real  estate,  that  may  be  made 
to  said  company  for  the  purpose  herein  granted  :  Provided^  that 
all  lands  and  real  estate  thus  entered  upon,  taken  possession  of, 
and  used  by  said  company,  and  not  granted  as  above  mentioned, 
shall  be  purchased  by  said  company  of  the  owner  thereof;  and  in 
case  of  disagreement  as  to  the  price,  the  county  court  for  the 
county  of  Rutland,  upon  application  of  either  party,  shall  appoint 
three  disinterested  commissioners  to  determine  the  damages  wliich 
the  owner  of  the  land  or  real  estate  so  entered  upon  by  said  com- 
pany may  have  sustained,  or  shall  be  likely  to  sustain,  by  the 
occupation  thereof,  and  said  commissioners  shall  hear  said  claim 


848  KUTLAXD    AXD    WASHINGTOX   RAILROAD    COMPAmT. 

for  damages,  giving  the  parties  ten  days'  notice  of  the  time  and 
place  of  hearing,  and  shall  deliver  to  the  parties  a  written  state- 
ment of  their  award  in  the  premises,  with  a  description  of  the 
land  by  them  appraised  ;  and  upon  payment  of  such  damages, 
with  the  costs  and  charges  of  such  appraisal,  the  said  commis- 
sioners being  allowed  three  dollars  per  day  each,  by  said  com- 
pany, or  upon  depositing  in  either  of  the  banks  in  said  county  of 
Rutland,  the  amount  of  such  damages,  costs,  and  charges,  to  the 
credit  of  the  person  to  whom  said  commissioners  have  awarded  the 
same,  and  giving  such  person  notice  thereof,  said  company  shall 
be  deemed  to  be  seised  and  possessed  of  such  land  or  real  estate, 
so  appraised  by  said  commissioners.  And  in  case  the  owner  of 
any  land  or  real  estate,  taken  by  said  company,  shall  be  a  married 
woman,  an  infant,  idiot,  or  insane,  or  shall  reside  out  of  this  State, 
then  said  company  shall  cause  such  damages  to  be  determined  in 
the  same  manner  above  prescribed,  and  shall  pay  such  damages 
to  such  last  mentioned  owners,  whenever  the  same  shall  be  law- 
fully demanded,  with  the  interest  thereon,  which  amount  and 
interest  shall  be  a  specific  lien  on  the  real  estate  of  said  com- 
pany, and  shall  be  preferred  to  any  other  demand  against  said 
company. 

Sect.  8.  Should  any  company,  or  the  owner  of  any  land  or  real 
estate,  feel  aggrieved  by  the  decision  of  said  commissioners,  either 
party  may,  within  ninety  days  from  the  making  of  said  decision 
and  notice  thereof,  or  from  the  removal  of  the  disabilities  men- 
tioned in  section  seven,  or  from  the  return  of  such  non-resident  to 
this  State,  appeal  to  the  county  court  of  said  Rutland  county, 
and  the  decision  of  said  court  shall  be  final  thereon,  and  said 
court  shall  tax  costs  for  or  against  either  party,  as  shall  be  just  and 
equitable. 

Sect.  9.  Said  company  may  take  toll  for  their  sole  benefit,  for 
all  passengers  and  property  transported  on  said  road,  at  such  rates 
per  mile,  as  may,  from  time  to  time,  be  established  by  the  board 
of  directors;  and  all  matters  in  relation  to  the  construction  of  car- 
riages, and  the  transportation  of  passengers  and  property  upon  said 
road,  shall  be  under  the  direction  of  said  board  of  directors  :  Pro- 
vided, that  the  supreme  court,  at  any  stated  session  thereof  in  the 
county  of  Rutland,  upon  the  application  of  ten  freeholders  in  any 
town  or  towns  through  which  said  road  may  pass,  may  alter  or 
establish  the  rates  of  toll  upon  said  road,  for  any  term  not  exceed- 
ing ten  years,  at  any  one  time,  and  in  such  manner,  that  said 


VERMONT.  849 

company  shall  not  receive  less  than  ten  per  cent,  on  the  amount  of 
capital  stock,  together  with  all  charges  and  expenses  of  said  com- 
pany. 

Sect.  10.  The  board  of  directors  may  erect  toll-houses,  and 
demand  and  receive  toll  upon  said  road,  when  finished  ;  and  said 
company  shall  keep  true  accounts  of  all  expenditures  made  in  con- 
structing said  Toad.  and  keeping  the  same  in  repair,  and  also  of  all 
moneys  received  for  tolls,  or  from  other  sources  of  profit ;  and  the 
books  of  said  company  shall,  at  all  times,  be  open  to  the  inspection 
of  any  committee  of  the  legislature,  or  of  the  supreme  court ;  and 
any  such  committee  may  examine  any  officer  of  said  company, 
under  oath,  relative  to  the  receipt  and  expenditures  of  said  com- 
pany. 

Sect.  11.  If  any  person  shall  wilfully,  maliciously,  or  wantonly, 
obstruct  the  passage  of  any  carriage  on  said  road,  or  in  any  way 
injure  or  destroy  said  road,  or  any  part  thereof,  or  any  thing 
belonging  thereto,  or  any  implement  or  material  to  be  employed  in 
the  construction  of  said  road,  or  for  the  use  of  the  same,  he.  and 
every  person  aiding  or  abetting  therein,  shall  forfeit  and  pay  to 
said  company,  for  every  such  offence,  treble  the  amount  of  dama- 
ges, found  by  any  justice,  court,  or  jury,  before  whom  trial  shall 
be  had  ;  and  the  person  so  offending,  shall  be  liable  to  indictment, 
by  the  grand  jury  for  said  Rutland  countyj  and  on  conviction 
thereof;  shall  pay  a  fine  not  exceeding  one  hundred  dollars,  to  the 
use  of  the  State. 

Sect.  12.  If  said  railroad  shall  cross  any  private  way,  the  com- 
pany shall  so  construct  the  same,  as  not  to  obstruct  the  safe 
and  convenient  use  of  such  private  way  :  and  if  said  railroad  shall 
not  be  so  constructed,  the  party  aggrieved  shall  be  entitled  to  his 
action  on  the  case,  in  any  court  proper  to  try  the  same,  and  shall 
recover  reasonable  damages  for  such  injury :  and  if  said  railroad 
shall  cross  any  highway,  it  shall  be  so  constructed  as  not  to 
impede  or  obstruct  the  safe  and  convenient  use  of  said  high- 
way; and  said  company  may  raise  or  lower  such  highway  or 
private  way,  so  that  said  railroad  may  conveniently  pass  over  or 
under  the  same  ;  and  if  said  company  shall  raise  or  lower  any 
highway  or  private  way,  and  shall  not  do  the  same  to  the  sat- 
isfaction of  the  selectmen  of  the  town  in  which  said  highway  or 
private  way  is  situated,  such  selectmen  may  require,  in  writing, 
of  said  company,  such  alteration  or  amendment,  as  they  may 
think  necessary :  and  if  the  required  amendment  be  reasonable 


850  RUTLAND    AND    WASHINGTON   RAILROAD    COMPANY. 

and  proper,  and  the  said  company  shall  unreasonably  neglect  to 
make  the  same,  such  selectmen  may  proceed  to  make  such  alter- 
ation or  amendment,  and  may  prosecute  to  final  judgment  and  exe- 
cution, in  any  court  proper  to  try  the  same,  any  action  of  the  case 
against  said  company,  and  shall  therein  recover  reasonable  dam- 
ages, for  all  charges,  payments,  labor,  and  services,  occasioned  by 
making  such  alteration  or  amendment,  with  costs  of  suit ;  and  if  said 
railroad  shall  cross  any  stream  or  watercourse,  said  company  may 
construct  their  road  upon  or  across  the  same  :  Provided,  that  said 
company  shall  restore  said  stream  or  watercourse  to  its  former  state, 
or  in  such  manner  as  not  to  impair  its  usefulness.  And  the  said  com- 
pany shall  maintain  a  sufficient  fence  on  each  side  of  said  road, 
through  its  whole  length.  Provided,  that  nothing  in  this  Act 
shall  be  so  construed  as  to  prevent  the  crossing  of  said  road 
with  teams  or  otherwise,  in  such  manner  as  not  to  injure  the  said 
road. 

Sect.  13.  The  legislature  may  grant  to  any  other  railroad  com- 
pany the  right  to  enter  with  another  railroad,  at  any  point  of  said 
road  granted  by  this  Act,  using  the  whole  or  a  part  of  the  same, 
paying  for  the  right  of  so  using  the  same,  such  rate  of  toll  as  the 
legislature  may,  from  tinfie  to  time,  prescribe,  and  complying  with 
such  regulations  as  may  be  established  by  said  company  under  the 
provisions  of  this  Act. 

Sect.  14.  The  State  may,  at  any  time,  after  the  expiration  of 
fifty  years  from  the  completion  of  said  railroad,  purchase  the  same 
of  said  company,  with  all  the  franchises,  property,  rights,  and 
privileges  of  said  company,  by  paying  them  therefor  the  amount 
expended  in  making  said  road,  and  keeping  the  same  in  repair,  and 
all  other  expenses  relating  thereto;  and  if,  at  the  time  of  such  pur- 
chase, said  company  shall  not  have  received  an  income  equal  to 
ten  per  cent,  per  annum  on  the  original  cost,  over  and  above  all 
expenses  for  repairs,  and  all  other  expenses  relating  thereto, 
the  State  shall  pay  said  company  such  sum,  as,  with  the  tolls  and 
profits  of  every  kind,  shall  be  equal  to  ten  per  cent,  per  annum  on 
the  cost  of  said  road,  from  the  date  of  the  payment  by  the  stock- 
holders to  the  time  of  such  purchase. 

Sect.  15.  The  board  of  directors  may  require  the  payment  of  the 
sums  subscribed  to  the  capital  stock,  at  such  times  and  in  such 
proportions,  as  they  may  think  best,  under  the  penalty  of  for- 
feiting all  previous  payments  thereon,  giving  notice  of  the  time 
and  place  of  such  payments,  thirty  days  previous  thereto,  in  some 


VERMONT.  851 

newspaper  printed  in  said  Rutland  county,  and  by  letter,  through 
the  post  office,  to  each  stockholder. 

Sect.  16.  The  commissioners  named  in  section  four,  may,  at 
the  time  of  subscription  to  the  capital  stock,  require  such  portions 
of  the  stock  to  be  paid  in  cash,  as  they  may  deem  proper. 

Sect.  17.  This  Act  shall  take  effect  from  its  passage. 

Sect.  18.  The  office  of  the  clerk  of  said  company  shall  be  kept 
in  this  State,  and  in  some  town  on  the  line  of  said  road. 

Sect.  19.  The  said  corporation  may  contract  with  any  other 
railroad  company,  which  has  been  or  may  hereafter  be  created  by 
the  legislature  of  this  State,  or  of  the  State  of  New  York,  whose 
road  may  enter  upon,  or  be  connected  with,  the  road  of  this  corpo- 
ration, to  do  and  perform  all  the  transportation  of  persons  and 
property,  upon  and  over  said  road  or  roads,  upon  such  terms  and 
conditions  as  may  be  mutually  agreed  upon  by  the  parties.  Said 
corporation  may  also  lease  or  sell  their  road  to  any  such  railroad 
company,  aforesaid,  whose  road  shall  enter  upon  or  be  connected 
with  the  road  of  this  corporation  ;  or  may  consolidate  their  stock 
with  the  stock  of  any  such  railroad  company  as  aforesaid,  upon 
such  terms  and  conditions  as  shall  be  mutually  agreed  upon  by 
the  respective  parties  :  Provided,  that  the  company  to  which  the 
road  of  this  corporation  may  be  sold  or  leased,  or  with  which  the 
stock  of  this  corporation  may  be  consolidated,  shall  be  subject  to 
the  provisions  of  this  Act,  so  far  as  the  pubhc  rights  respecting 
said  road  are  concerned. 

Sect.  20.  This  corporation  may  unite  with  the  Saratoga  and 
Washington  Railroad  Company  at  the  point  of  terminus  of  the 
road  of  said  Saratoga  and  Washington  Railroad  Company,  in  the 
west  line  of  this  State,  in  either  of  said  towns  of  Fairhaven  or 
Poultney,  as  the  case  may  be ;  and  may  also  enter  upon  the  road 
of  the  Champlain  and  Connecticut  River  Railroad  Company,  at 
any  convenient  point  in  Rutland  ;  this  corporation  paying  for  the 
use  of  said  road,  or  any  part  thereof,  such  toll  or  compensation  as 
the  respective  parties  may  agree  upon  ;  and,  in  case  of  their  disa- 
greement, such  toll  or  compensation  as  the  legislature  may  pre- 
scribe ;  and  submitting  to  such  rules  and  regulations  of  the  com- 
pany owning  such  road,  as  to  give  no  unreasonable  advantage  to 
one  corporation  over  the  other. 

Sect.  21.  This  Act  shall  be  deemed  and  taken  to  be  a  public 
Act,  and  shall  be  construed  favorably  and  beneficially  for  all  the 
purposes  for  which  it  is  intended. 


852  RUTLAND   AND    WASHINGTON   RAILROAD    COMPANY. 

Sect.  22.  In  case  the  commissioners  named  in  section  four,  of 
this  Act,  shall  be  equally  divided,  in  designating  the  particular 
manner  in  which  they  will  discharge  the  duties  enjoined  by  this 
Act  upon  them,  or  if  they  shall  be  equally  divided  upon  any  ques- 
tion of  duty  or  action  properly  within  their  powers,  they  may 
appoint  one  additional  member  of  their  board,  and  in  such  event, 
all  matters  of  difference  shall  be  decided  by  a  majority  of  said 
board.  And  in  case  the  number  of  shares  subscribed  for,  shall 
exceed  the  number  of  three  thousand,  such  excess  shall  be  deducted 
from  subscriptions  for  the  greatest  number  of  shares. 

Sect.  23.  The  said  corporation  may  extend  a  branch  or  branches 
of  their  said  road  to  the  town  of  Poultney  or  to  the  towns  of  Cas- 
tleton,  or  Fairhaven,  as  shall  be  considered  expedient,  whenever 
and  after  the  actual  location  of  said  road  is  finally  determined 
upon. 

Sect.  24.  Said  corporation  shall  be  required  to  transport  upon 
their  said  road  the  United  States'  mail,  by  their  regular  trips;  and 
in  case  of  any  disagreement  between  said  corporation  and  the 
general  government,  touching  the  compensation  for  the  same,  it 
shall  be  the  duty  of  the  supreme  court  of  this  State,  on  application 
of  either  party,  to  define  and  establish  the  rates  of  compensation  ; 
which  rates  shall  be  binding  upon  the  parties,  until  altered  by  said 
court,  upon  similar  application. 

Sect.  25.  Books  of  subscription  for  the  capital  stock  of  said  cor- 
poration, sliall  be  kept  open,  at  least,  ten  days,  by  the  commission- 
ers, named  in  section  four;  and  if,  at  the  expiration  of  ten  days, 
from  the  time  such  books  are  opened,  the  sum  of  one  hundred 
thousand  dollars  of  such  capital  stock  shall  have  been  subscribed, 
said  commissioners  shall  have  power  to  close  said  books  for  the 
time  being,  and  shall  proceed  to  organize  the  said  corporation 
agreeably  to  the  provisions  of  this  Act;  and  said  books  shall  there- 
after, be  re-opened  by  said  commissioners,  giving  notice  thereof 
agreeably  to  the  provisions  of  this  Act,  until  the  whole  of  said  capi- 
tal stock  shall  be  subscribed  for  :  Provided^  that  in  case  the  whole 
of  such  capital  stock  shall  be  subscribed  for,  at  the  expiration  of 
the  said  ten  days,  said  commissioners  shall  not  be  required  to  re- 
open said  books. 

Sect.  26.  Said  corporation  shall  cause  seasonable  and  proper 
notice  to  be  given,  of  the  approach  of  any  locomotive  engine,  upon 
their  road,  to  the  place  where  said  road  crosses  any  turnpike,  high- 
way, or  private  way,  upon  the  same  level  with  said  road  ;  and 


VERMONT.  853 

shall  cause  suitable  signs  to  be  placed  across  each  highway  or 
turnpike,  when  the  same  is  crossed  by  said  railroad,  upon  the 
same  level  therewith ;  and  said  corporation  shall  be  liable  for  any 
damages  sustained  by  any  person,  by  reason  of  the  neglect  of  the 
provisions  of  this  section,  to  be  recovered  in  an  action  on  the  case, 
by  the  person  sustaining  such  damage. 

Sect.  27,  The  said  Rutland  and  Washington  Railroad  Company 
shall  be  subject  to  all  the  duties,  liabilities,  restrictions,  and  pro- 
visions which  may,  hereafter,  be  established  by,  or  contained  in, 
any  general  law  of  this  State,  applicable  to,  and  respecting  all  rail- 
road corporations  within  the  State,  unless  the  same  shall  be  incon- 
sistent with  the  express  provisions  of  this  Act.  Approved,  Novem- 
ber 13,  1847. 

Laws  of  1849,  No.  60. 

An  Act,  in  addition  to  an  Act  incorporating  the  Rutland  and  Washington  Raikoad 

Company. 

Sect.  1,  It  is  hereby  enacted^  ^'c.  That  the  said  company  have 
power  to  construct  a  branch  of  their  Railroad  from  some  point  on 
their  line  in  the  town  of  Castleton  or  Poultney,  to  terminate  at  the 
west  line  of  the  State,  either  in  the  town  of  Poultney,  Wells,  Paw- 
let,  Rupert,  or  Sandgate;  and  if,  for  the  purpose  of  convenient 
construction,  said  branch  shall  cross  said  line  into  the  State  of 
New  York,  upon  its  return  said  company  shall  have  power  to 
resume  the  course  of  said  road  within  this  State,  to  terminate  as 
aforesaid. 

Sect.  2.  Said  company  may  enter  upon,  use,  and  occupy,  any 
lands  required  for  the  branch  depots  or  other  buildings,  with  the 
same  rights  and  powers,  and  subject  to  the  same  duties  and  respon- 
sibilities, as  provided  in  said  Act  of  incorporation,  and  such  general 
laws  as  are  applicable  to  all  railroads. 

Sect.  3.  The  capital  stock  of  said  company  may  be  increased,  to 
an  amount  sufficient  to  complete  said  branch  and  furnish  all  car- 
riages and  necessary  apparatus  for  the  convenient  and  profitable 
use  of  the  same. 

Sect.  4.  If  said  company  shall  not  within  three  years  commence 
the  construction  of  said  branch,  and  shall  not  within  five  years 
complete  and  put  in  operation  the  same,  then  this  Act  shall  be  void. 
Approved,  November  12th,  1849, 

72 


854  UNION  RAILROAD   COMPANY. 


UNION  RxilLROAD   C03IPANT. 

INCORPORATED    IN    VERiMONT    IN    1847. 

No.  18  of  the  Private  Acts  of  1847  contains  the  Charter. 

Sect.  1  describes  the  location  of  tlie  route. 

Sect.  2  fixes  the  respective  times  of  commencing  and  completing  the  road. 

Sect.  3  limits  the  capital  stock  to  $500,000,  in  shares  of  $100  each,  with  power  to 

increase  it. 
Sect.  4  appoints  Commissioners  to  receive  subscriptions  to  the  capital  stock,  and 

organize  the  Company. 
Sect,  o  prescribes  the  mode  of  electing  the  President. 
Sect.  6  authorizes  the  election  of  Directors  at  another  time,  if  not  elected  as  before 

provided. 
Sect.  7  defines  the  powers  and  duties  of  the  officers,  authorizes  the  Company  to 

take  land  for  the  purposes  of  the  road,  establishes  the  manner  of  estimating  land 

damages,  and  provides  for  the  appointment  of  Commissioners  for  that  purpose. 
Sect.  8  settles  the  form  of  appeal  from  the  decision  of  said  Commissioners. 
Sect.  9  gives  to  the  Company  power  to  build  one  or  more  tracks,  regulate  the  mode 

of  transportation,  and  erect  toll-houses  and  other  buildings. 
Sect.  10  prescribes  the  manner  of  crossing  any  private  "way,  highway,  canal,  or 

turnpike,  and  of  recovering  damages  therefor. 
Sect.  11  empowers  the  Company  to  fijx  the  rates  of  toll,  providing,  however,  for  an 

appeal  to  the  Supreme  Court. 
Sect.  12  affixes  a  penalty  for  damages  done  to  said  road,  and  defines  the  mode  of 

recovering  the  same. 
Sect.  13  gives  to  the  Directors  power  to  require  payment  of  subscriptions  to  the 

capital  stock,  when  they  shall  think  proper. 
Sect.  14  reqtiires  the  Clerk's  office  to  be  kept  in  this  State,  in  some  town  through 

which  the  railroad  may  pass. 
Sect.  15  gives  them  power  to  change   the   location,  if   rendered  necessary  from 

freshets,  they  complying  with  the  provisions  of  this  Act. 
Sect.  16  authorizes  the  Company  to  enter  upon  land  contiguous  to  the  route,  for  the 

purpose  of  procuring  materials  for  building  the  road. 
Sect.  17  appoints  the  time  of  making  the  annual  report. 
Sect.  18  provides  for  the  purchase  by  this  State,  of  the  rights  and  franchise  of  the 

Company,  after  the  expiration  of  fifty  years. 
Sect.  19  compels  the  Company  to  publicly  post  their  rates  of  toll. 
Sect.  20  directs  this  Act  to  be  construed  as  a  Public  Act. 
Sect.  21  provides  for  the  transportation  of  the  U.  S.  Mail. 


VERMONT.  855 

Laws  of  1847,  No.  18. 
An  Act  to  incorporate  the  Union  Railroad  Company. 

Sect.  1.  It  is  hereby  enacted^  i^c.  That  such  persons  as  shall 
hereafter  become  stockholders  of  said  company,  are  hereby  consti- 
tuted a  body  corporate,  by  the  name  of  the  Union  Railroad  Com- 
pany, for  the  purpose,  and  with  the  right  of  building  a  railroad, 
with  a  single  or  double  track,  from  some  point  m  the  village  of 
Montpelier,  thence  through  the  town  of  Barre,  to  some  point  in  the 
town  of  Bradford,  as  said  company  may  designate;  also  through 
the  said  town  of  Barre,  thence  through  the  Gulf,  so  called,  in 
Williamstown,  to  some  point  in  the  town  of  Royalton,  as  said  com- 
pany may  designate,  or  either  of  said  routes,  at  the  election  of  said, 
company ;  and  by  that  name  they  and  their  successors  may  con- 
struct and  build  a  railroad,  with  a  single  or  double  track,  and  may 
transport  and  carry  persons  and  property  upon  the  same,  by  the 
power  of  steam  or  otherwise,  as  said  company  may  direct ;  and  by 
their  corporate  name  may  sue  and  be  sued,  have  a  common  seal, 
and  may  have  the  rights  and  privileges  incident  to  corporations, 
for  the  purpose  aforesaid. 

Sect.  2.  If  said  company  shall  not,  within  five  years,  complete 
the  survey  of  said  road,  and  within  ten  years  from  the  passage  of 
this  Act  construct  and  put  in  operation  one-sixth  part  of  said  road, 
and  within  tv/elve  years  from  the  passage  of  this  Act,  construct 
and  put  in  operation  one-half  of  said  road,  and  shall  not  within 
fifteen  years  from  the  passage  of  this  Act,  construct,  finish,  and 
put  in  operation,  the  whole  of  said  road,  then  the  rights  and  powers 
granted  by  this  Act  shall  cease,  for  such  parts  of  said  road  as  shall 
not  be  completed  within  the  several  periods  aforesaid,  but  shall  be 
valid  for  such  parts  of  said  road  as  shall  be  completed  within  the 
said  periods  respectively. 

Sect.  3.  The  capital  stock  of  said  company  shall  be  five  hun- 
dred thousand  dollars,  which  shall  be  divided  into  shares  of  one 
hundred  dollars  each,  and  said  company  may  increase  said  capital 
to  such  amount  as  shall  be  necessary  to  complete  said  road,  and  to 
furnish  carriages  and  all  other  appurtenances  for  the  convenient  use 
of  said  road  ;  and  such  additional  capital  shall  also  be  divided  into 
shares  of  one  hundred  dollars  each.  The  shares  in  said  corporation 
shall  be  deemed  personal  property,  and  may  be  transferred  in  such 


856  UNION  RAILROAD   COMPANY. 

manner  as  said  company  shall,  by  their  laws,  direct;  and  when 
any  share  or  shares  shall  be  attached  on  any  process,  the  officer 
serving  the  same  shall  leave,  with  the  clerk  of  said  company,  an 
attested  copy  of  such  process,  with  his  return  thereon ;  and  such 
share  or  shares  may  be  taken  and  sold  on  execution  in  the  same 
manner  as  other  personal  estate,  the  purchaser  causing  an  attested 
copy  of  said  execution,  with  the  officer's  return  thereon,  to  be  left 
with  the  clerk  of  said  company,  within  twenty  days  after  such 
sale,  and  paying  for  recording  the  same,  which  shall  pass  to  the 
purchaser  all  the  right  of  the  stockholder,  for  whose  debt  the  same 
was  sold,  in  such  share  or  shares.  When  any  officer,  duly  autho- 
rized, shall  appear  at  the  office  of  the  clerk  of  said  company,  for 
the  purpose  of  attaching  any  share  or  shares,  or  for  the  purpose  of 
levying  execution  thereon,  the  clerk  shall  produce  to  such  officer 
the  books  of  said  company,  so  far  as  to  enable  such  officer  to  ascer- 
tain the  number  of  shares  owned  by  the  debtor,  and  shall  give  such 
officer  a  certificate,  in  his  official  capacity,  of  the  number  of  shares 
owned  by  such  debtor,  with  the  dividends  due  thereon,  and  all 
liens  of  said  company  on  such  share  or  shares. 

Sect.  4.  Thomas  Reed,  Charles  Clark,  George  W,  Coliamer, 
Webber  Tilden,  Darius  Pride,  Carlos  Carpenter,  and  Asa  Low, 
shall  be  commissioners,  who  shall  within  two  years,  at  some  suita- 
ble places  in  Montpelier  and  Bradford,  and  at  such  other  places 
as  they  may  deem  proper,  open  books  for  subscriptions  to  the  capi- 
tal stock  of  said  company;  and  said  commissioners  shall  give  at 
least  ten  days'  notice  of  the  time  and  places  of  opening  said  books, 
by  publishing  the  same  in  one  or  more  of  the  newspapers  printed 
in  such  places  as  they  shall  think  proper;  and  any  two  of  the 
commissioners  shall  constitute  a  board  for  receiving  subscriptions; 
and  every  person,  at  the  time  of  subscribing,  shall  pay  to  said 
commissioners,  five  dollars  on  each  share  for  which  he  may  sub- 
scribe, and  each  subscriber  shall  be  a  member  of  said  company  ; 
and  when  five  hundred  shares  shall  have  been  subscribed,  or  as 
soon  thereafter  as  the  commissioners  shall  think  proper,  said  com- 
missioners may  give  a  like  notice  for  a  meeting  of  the  stockholders, 
at  such  time  and  place  as  said  commissioners  shall  appoint,  to 
choose  seven  directors ;  and  such  election  shall  then  be  made  by  the 
stockholders  who  shall  attend  for  that  purpose,  either  in  person  or 
by  proxy,  each  share  of  said  stock  entitling  the  stockholder  to  one 
vote;  and  said  commissioners  shall  be  inspectors  of  the  first  elec- 
tion of  directors,  and  shall  certify  the  names  of  those  duly  elected. 


VERMONT.  857 

and  deliver  to  such  directors  the  books  of  subscription,  and  all  sums 
of  money  deposited  with  them  on  all  shares  subscribed  as  aforesaid  ; 
and  the  time  and  place  for  the  first  meeting  of  such  directors  shall 
be  fixed  by  said  commissioners ;  a  new  election  of  directors  shall 
be  made  annually,  at  such  time  and  place  as  the  board  of  directors 
shall  appoint,  by  giving  thirty  days'  notice  thereof,  by  publication 
in  the  newspapers  printed  at  Montpelier,  and  such  other  newspapers 
as  they  may  deem  proper.  Said  directors  may  appoint  an  engineer 
or  engineers,  and  cause  such  examinations  and  surveys  to  be  made, 
as  may  be  necessary  to  enable  them  to  determine  upon  the  best  line 
or  route  for  said  road  between  the  places  of  termination  before 
mentioned  ;  and  said  directors,  or  a  major  part  of  them,  after  such 
examinations  and  surveys  shall  be  made,  by  certificates  under  their 
hands  and  seals,  shall  designate  the  line  or  route  which  they  shall 
deem  most  advantageous  for  said  road,  through  each  town,  which 
certificate  shall  be  recorded  in  the  oflice  of  the  town  clerk  of  each 
town  through  which  said  road  shall  pass ;  which  line  or  route  so 
designated  and  certified,  shall  be  the  line  or  route  on  which  said 
company  shall  construct  and  make  their  single  or  double  track,  as 
hereinafter  mentioned;  and  the  expenses  of  such  examinations  and 
surveys,  and  all  other  expenses  relating  thereto,  shall  be  paid  by 
said  company. 

Sect.  5.  The  directors  chosen  at  the  meeting  aforesaid,  or  at  the 
annual  election,  as  soon  as  may  be  after  every  election,  shall  choose 
out  of  their  number  a  president,  who  shall  preside  at  all  meetings 
of  the  board  of  directors,  and  of  the  stockholders ;  and  in  case  of 
the  death  or  resignation  of  the  president  or  any  director,  such 
vacancy  may  be  fiUed  for  the  remainder  of  the  year,  by  the  board 
of  directors  ;  and  in  case  of  the  absence  of  the  president,  the  board 
of  directors  may  appoint  one  of  their  number  president  pro  tempore, 
who  shall  exercise  such  powers  as  the  by-laws  of  said  company 
shall  prescribe. 

Sect.  6.  In  case  an  election  of  directors  should  not  be  made  on 
any  day,  as  provided  by  this  Act,  said  company  shall  not  thereby 
be  dissolved,  but  such  election  may  be  made  at  any  other  time 
directed  by  the  by-laws  of  said  company. 

Sect.  7.  Four  directors  shall  constitute  a  board,  who  shall  be 
competent  to  transact  all  the  business  of  said  company ;  and  the 
said  directors  may  make  and  prescribe  such  by-laws  and  regula- 
tions as  shall  be  necessary  for  the  management  of  the  capital  stock, 
and  all  other  property  of  said  company,  the  transfer  of  shares,  the 

72* 


858  UNION  RAILROAD   COMPANY. 

duties  of  the  officers  and  servants  of  said  company,  the  elec- 
tion of  directors,  and  all  other  matters  relating  to  the  business  of 
said  company ;  they  may  also  appoint  a  clerk  or  secretary,  and 
treasurer,  and  fix  their  salaries,  and  the  salary  of  the  president ; 
said  corporation,  may  by  their  officers  or  servants,  enter  upon  said 
line  or  route,  so  to  be  designated  as  aforesaid  for  said  road,  to  lay 
out  said  road,  not  exceeding  six  rods  in  width  through  the  whole 
length  of  said  line  or  route ;  and  said  company  may  enter  upon, 
take  possession  of,  and  use,  all  such  lands  and  real  estate  as  may 
be  necessary  for  the  construction  of  said  road  and  the  accommo- 
dations requisite  and  appertaining  to  the  same  ;  and  may  take  and 
hold  all  such  grants  and  donations  of  land  and  real  estate  as  may 
be  made  to  said  company,  to  aid  in  the  construction,  maintenance, 
and  accommodation  of  said  road  :  Provided,  that  all  lands  or  other 
real  estate  thus  entered  upon  and  used  by  said  company,  which 
have  not  been  granted  or  given  to  said  company,  shall  be  pur- 
chased by  said  company  from  the  owners  of  the  same  ;  and  in  case 
of  a  disagreement  about  the  price  of  such  lands,  and  before  the 
making  of  any  portion  of  the  road  thereon,  any  two  of  the  judges 
of  the  supreme  court,  upon  application  for  that  purpose  by  the  com- 
pany, shall  appoint  three  disinterested  commissioners,  to  determine 
the  damages  which  the  owner  or  owners  of  such  real  estate  may 
have  sustained,  or  shall  be  likely  to  sustain,  by  the  occupation  of 
the  same  for  the  purposes  aforesaid ;  and  upon  the  payment  of  the 
damages,  determined  upon  by  said  commissioners,  with  the  costs 
and  charges  thereon  accruing,  by  said  company,  or  upon  said 
company's  depositing  in  such  bank  as  said  commissioners  shall 
direct,  the  amount  of  such  damages  with  the  costs  and  charges 
aforesaid,  to  the  credit  of  the  person  or  persons  to  whom  such 
damages  and  costs  have  been  awarded  by  the  commissioners,  such 
bank  giving  notice,  personally,  or  by  letter  through  the  post-office, 
to  such  person  or  persons,  that  such  deposit  has  been  made  by  said 
company,  said  company  shall  be  deemed  to  be  seised  and  possessed 
of  all  such  lands  or  real  estate  as  shall  have  been  appraised  by 
said  commissioners.  Said  commissioners  shall  give  three  days' 
notice  to  the  owners  or  occupants  of  the  land  to  be  appraised,  of  the 
time  and  place  at  which  they  will  attend  to  such  appraisal ;  and 
when  such  appraisal  is  made,  they  shall  deliver  to  said  company 
a  written  statement  of  the  same,  with  a  description  of  the  land  or 
real  estate  appraised,  which,  within  sixty  days  thereafter,  said 
company  shall  cause  to  be  recorded  in  the  town  clerk's  office  of 


VERMONT.  859 

the  town  where  such  land  or  real  estate  is  situated ;  and  in  case 
the  owner  of  lands  or  real  estate  taken  by  said  company,  shall  be 
a  married  woman,  an  infant,  idiot,  or  insane,  or  shall  not  reside  in 
this  State,  then  said  company  shall  cause  the  damages  sustained 
by  such  owners,  to  be  determined  in  the  manner  above  prescribed, 
and  shall  pay  the  same  to  the  owners  last  above  mentioned,  when 
the  same  shall  be  lawfully  demanded,  with  the  interest  thereon 
at  the  rate  of  six  per  centum  per  annum  ;  which  said  damages,  and 
the  interest  thereon,  shall  be  a  specific  lien  upon  the  real  estate  of 
said  company,  and  shall  be  preferred  before  any  other  demand 
against  said  company;  but  no  application  shall  be  made  to  said 
commissioners  to  determine  damages  which  may  be  sustained, 
unless  made  within  three  years  from  the  time  of  taking  said  land. 

Sect.  8.  Should  the  company,  or  the  owner  of  any  land  or  mate- 
rials, feel  aggrieved  by  the  decision  of  the  commissioners,  either 
party  may  within  ninety  days  after  the  making  of  such  decision, 
or  from  the  removal  of  the  disabilities  mentioned  in  the  preceding 
section,  or  from  the  return  of  such  non-resident,  appeal  to  the 
county  court,  in  the  county  where  such  land  or  other  real  estate 
lies ;  and  the  decision  of  such  court  shall  be  final,  and  said  court 
shall  tax  costs  for  either  party,  as  shall  be  just  and  equitable. 

Sect.  9.  Said  company  may  construct  and  use  one  or  more 
tracks  of  proper  width,  as  they  shall  determine,  on  the  route 
designated  by  the  directors  as  aforesaid,  and  may  regulate  the 
time  and  manner  in  which  passengers  and  property  shall  be  trans- 
ported on  the  same,  and  may  erect  and  maintain  toll-houses  and 
other  buildings  for  their  accommodation,  as  they  may  deem  suit- 
able. 

Sect.  10.  If  said  railroad  shall  cross  any  private  way,  said  corpo- 
ration shall  so  construct  the  same  as  not  to  obstruct  the  safe  and 
convenient  use  of  said  private  way;  and  if  said  road  shall  not 
be  so  constructed,  the  party  aggrieved  may  have  an  action  on 
the  case  in  a  court  proper  to  try  the  same,  and  recover  reasonable 
damages  for  such  injury;  and  if  said  road  shall  cross  any  canal, 
highway,  or  turnpike,  the  same  shall  be  so  constructed  as  not  to 
impede  or  obstruct  the  safe  and  convenient  use  of  such  canal, 
highway,  or  turnpike,  and  such  corporation  may  raise  or  make 
lower  such  turnpike,  highway,  or  private  way,  so  that  said  road 
may  pass  over  or  under  the  same.  And  if  said  corporation  shall 
raise  or  make  lower  any  such  turnpike,  highway,  or  private  way, 
and  shall  not  do  the  same  so  as  to  be  satisfactory  to  proprietors 


860  UNION  RAILROAD   COMPANY. 

of  said  turnpike,  or  to  the  selectmen  of  the  town  in  which  such  high- 
way or  private  way  is  situated,  said  proprietors  or  selectmen  may 
require  in  writing  of  said  corporation  such  alteration  or  amendment 
as  they  may  think  necessary ;  and  if  the  required  alteration  be 
reasonable  and  proper,  and  said  corporation  shall  unnecessarily 
neglect  to  make  the  same,  such  proprietors  or  selectmen  may 
recover  all  damages  resulting,  or  likely  to  result,  from  such  neglect, 
in  an  action  on  the  case  against  said  corporation,  with  costs  of 
suit ;  and  if  said  road  shall  intersect  or  cross  any  stream  of 
water,  or  watercourse,  said  corporation  may  construct  their  road 
across  the  same  :  Pi'ovided^  they  restore  such  stream  or  watercourse 
to  its  former  state,  or  in  such  a  manner  as  not  to  impair  its  useful- 
ness ;  and  said  corporation  shall  build  and  maintain  a  sufficient 
fence  upon  each  side  of  their  said  road,  through  its  whole  route ; 
and  nothing  in  this  Act  contained  shall  be  so  construed  as  to  pre- 
vent the  crossing  of  said  road,  by  teams  or  otherwise,  in  a  manner 
not  calculated  to  injure  the  same. 

Sect.  11.  Said  company  may  from  time  to  time,  fix,  regulate, 
and  receive,  toll  and  charges  for  the  transportation  of  passengers 
and  property  upon  said  road :  Provided^  that  the  supreme  court, 
at  any  stated  session,  held  in  the  county  of  Washington,  on  the 
application  of  any  ten  freeholders,  in  any  town  or  towns  through 
which  said  road  may  pass,  may  alter  or  establish  the  rate  of  toll 
upon  said  road,  for  a  term  of  time  not  exceeding  ten  years  at  any 
one  time,  iu  snch  a  manner  that  said  company  shall  not  receive 
less  than  twelve  per  centum  per  annum,  on  the  capital  stock,  over 
and  above  all  charges  and  expenses  of  said  company. 

Sect.  12.  If  any  person  shall  wilfully  do,  or  cause  to  be  done, 
any  act  whereby  any  building,  engine,  machine- work,  or  any  thing 
appertaining  to  said  road  shall  be  injured,  obstructed,  stopped,  or 
destroyed,  such  person  shall  forfeit  and  pay  to  said  company 
double  the  amount  of  damages  sustained  by  means  of  said  oflence, 
to  be  recovered  in  the  name  of  said  company,  with  costs,  by  an 
action  of  debt,  and  shall  also  be  liable  to  indictment  by  the  grand 
jury  of  the  county  where  said  offence  shall  have  been  committed, 
and  be  punished  as  for  a  misdemeanor. 

Sect.  13.  The  directors  of  said  company  may  require  payment 
of  the  sums  subscribed  to  the  capital  stock,  in  such  proportions, 
and  at  such  times,  as  they  shall  deem  best,  not  exceeding  ten  dol- 
lars at  any  one  time,  and  one  hundred  dollars  upon  any  one  share, 
under  the  penalty  of  forfeiture  of  all  previous  payments  thereon. 


VERMONT.  861 

and  when  said  directors  shall  require  the  payment  of  any  portion 
of  the  capital  stock  of  said  compan}",  they  shall  give  at  least  thirty 
days'  notice  of  the  time  and  place  of  such  payment,  by  publishing 
the  same  in  such  newspapers,  printed  at  Montpelier  and  at  such 
other  places,  as  they  may  deem  proper. 

Sect.  14.  The  office  of  clerk  or  secretary  of  said  company,  shall 
be  kept  in  this  State,  in  some  town  through  which  said  road  shall 
pass. 

Sect.  15.  If  the  directors  of  said  company  shall,  at  any  time, 
deem  it  expedient  to  change  the  location  of  said  road,  by  reason 
of  damages  sustained  by  freshets,  or  for  any  other  cause,  they 
may  change  the  location  of  such  parts  of  said  road  as  they  shall 
deem  proper,  always  complying  with  the  provisions  of  this  Act  in 
relation  to  the  examinations,  surveys,  and  designation,  of  the  line 
or  route,  and  construction  of  said  road. 

Sect.  16.  Said  company  may,  by  their  engineers,  agents,  or  work- 
men, with  such  teams,  and  carriages,  and  tools,  as  they  may  find 
convenient,  enter  upon  any  lands  contiguous  to  said  road,  or  the 
works  connected  therewith,  to  dig,  blast,  carry  away,  and  use,  such 
stone,  gravel,  earth,  and  other  materials  as  may  be  necessary  for 
building  or  repairing  said  road,  doing  as  little  damage  as  the  nature 
of  the  case  will  permit ;  and  in  case  any  damage  shall  be  claimed 
by  the  owner  of  the  land  thus  entered  upon,  and  for  the  stone,  gravel, 
and  other  materials  carried  away  as  aforesaid,  and  the  owner  and 
said  company  do  not  agree  upon  the  sum  to  be  paid  therefor,  the 
same  shall  be  assessed  by  commissioners  in  the  manner  before 
prescribed  in  this  Act,  and  all  persons  aggrieved  by  any  decision  of 
said  commissioners,  shall  have  the  right  to  appeal  as  hereinbefore 
provided. 

Sect.  17.  The  directors  of  said  company  shall,  annually,  on  or 
before  the  third  Thursday  of  October,  make  a  report  to  the  legis- 
lature of  their  proceedings,  receipts,  and  expenditures,  and  their 
books  shall  at  all  times  be  open  to  tlie  inspection  of  a  committee 
of  the  legislature,  appointed  for  that  purpose. 

Sect.  IS.  The  legislature  may,  at  any  time  during  the  continu- 
ance of  this  Act,  after  the  expiration  of  fifty  years  from  the  open- 
ing for  use  of  said  road,  purchase  of  said  corporation  the  said  road, 
and  all  the  rights,  privileges,  and  property  thereof,  by  paying 
therefor  the  amount  expended  in  making  the  same,  the  expenses 
of  repairs,  and  all  otiier  expenses  relating  thereto ;  and  in  case,  at 
the  purchase,  said  corporation  shall  not  have  received  an  income 


862  SOUTHERN   VERMONT  RAILROAD    COMPANY. 

equal  to  ten  per  centum  per  annum  on  the  original  cost,  over  and 
above  the  charges  and  expenses  relating  thereto,  the  legislature 
shall  pay  said  corporation  such  additional  sum  as,  together  with 
the  tolls  and  profits  of  every  kind  received  from  said  road,  will  be 
equal  to  ten  per  centum  per  annum,  on  the  cost  of  said  road,  from 
the  date  of  the  payment  thereof,  by  the  stockholders  of  said  corpo- 
ration, to  the  time  of  such  purchase. 

Sect.  19.  Said  company  shall  keep  exposed  to  view,  at  all 
places  where  they  shall  receive  passengers  or  freight,  a  sign  with 
the  rates  of  toll  legibly  written  or  printed  thereon. 

Sect.  20.  This  Act  shall  be  taken  and  deemed,  to  be  a  public 
Act,  and  shall  be  construed  favorably  and  beneficially  for  all  the 
purposes  for  which  the  same  is  enacted. 

Sect.  21.  The  supreme  court  shall,  on  application  for  that  pur- 
pose, fix  the  price  for  which  the  United  States'  mail  shall  be  trans- 
ported to  and  from  any  different  points  on  said  road,  which  shall 
continue  to  be  the  price  for  which  said  company  shall  transport 
said  mail,  until  the  same  shall  be  diminished  or  increased  by  said 
court,  which  they  are  hereby  authorized  to  do  on  application  for 
that  purpose.     Approved,  October  25,  1847. 


SOUTHERN  \^RiIONT  RAILROAD   COMPANY. 
INCORPORATED    IN    VERMONT    IN    1848. 

No.  2  of  the  Private  Acts  of  1848  contains  the  Charter. 

Sect.  1  grants  corpor.ate  powers,  with  the  right  to  construct  a  railroad  on  the  route 
described,  and  to  transport  persons  and  property  thereon. 

Sect.  2  provides,  if  within  two  years  they  do  not  commence  the  construction  of 
said  road,  and  witliin  five  years  complete  and  put  in  operation  said  road,  that  tlais 
Act  shall  be  void. 

Sect.  3  fixes  the  capital  stock  at  $200,000,  which  may  be  increased,  to  be  divided 
into  shares  of  $100  each. 

Sect.  4  appoints  Commissioners,  who  shall,  within  one  year,  open  books  for  receiv- 
ing subscriptions  to  the  stock ;  when  500  shares  are  subscribed,  they  shall  call  a 
meeting  of  stockholders  for  choice  of  Directors,  shall  preside  at  their  election,  and 
decide  who  are  chosen  ;  the  Directors  shall  elect  a  President  and  Vice-President, 
who  shall  be  chosen  annually ;  they  may  cause  surveys  to  be  made,  and  shall 
locate  the  route  of  the  road. 

Sect.  5  authorizes  the  Vice-President  to  preside  at  meetings,  in  the  absence  of  the 
President. 


VERMONT.  863 

Sect.  6  provides,  if  an  election  of  Dii-ectors  be  not  hold  on  the  day  appointed,  that 
it  may  be  subsequently  held  as  provided  in  the  by-laws. 

Sect.  7  defines  the  powers  and  duties  of  the  Directors ;  it  empowers  the  Corpora- 
tion, by  its  agents,  to  enter  upon  and  use  lands  necessary  for  the  road,  first  paying 
therefor  damages,  if  not  agreed,  to  be  assessed  as  therein  provided. 

Sect.  8  gives  to  either  party  the  right  of  appeal  from  such  assessment,  ■within  ninety 
days,  to  the  County  Court,  whose  decision  shall  be  final. 

Sect.  9  provides  that  the  Company  may  build  one  or  two  tracks. 

Sect.  10  grants  to  the  Corporation  a  toll  for  transportation  on  said  road,  the  rates 
being  subject  to  revision  by  the  Supreme  Court. 

Sect.  11  authorizes  the  Directors  to  erect  toll-houses  and  demand  tolls  ;  and  re- 
quires,them  to  keep  true  accounts  of  receipts  and  expenditures. 

Sect.  12  requires  the  Company  publicly  to  exhibit  the  rates  of  toll. 

Sect.  13  provides,  if  any  person  wilfully  injure  said  railroad  or  appurtenances,  that 
he  shall  forfeit  to  the  Company  the  damages  assessed,  and  shall  be  liable  to 
indictment. 

Sect.  14  requires  said  Company  so  to  construct  their  road,  where  it  crosses  or  inter- 
sects any  private  way,  highway,  or  watercourse,  as  not  to  obstruct  the  same ; 
being  Uable  for  damages  to  be  assessed  as  before  provided. 

Sect.  15  reserves  to  the  Legislature  the  right,  after  fifty  years  from  the  completion 
of  the  road,  to  purchase  the  franchise  and  property  of  the  Company,  by  paying 
its  cost,  and  such  further  sum  as,  -oith  the  net  profits,  shall  equal  ten  per  cent, 
per  annum  interest  thereon. 

Sect.  16  authorizes  the  Directors  to  prescribe  the  time  and  amount  of  payments  to 
be  made  on  the  stock,  under  penalty  of  forfeiture  of  previous  payments. 

Sect.  17  provides  that  the  Commissioners  may  direct  what  amount  shall  be  paid  on 
each  share,  at  the  time  of  subscribing  ;  and,  if  more  than  $200,000  are  subscribed, 
shall  apportion  the  stock. 

Sect.  18  requires  the  Clerk's  office  to  be  kept  in  this  State. 

Sect.  19  provides  that  persons  becoming  stockholders  in  any  road  having  the  right 
to  enter  iipon  this  road,  shall  be  stockholders  in  this  Company,  and  the  Corpora- 
tions shall  be  united,  under  the  name  of  the  Southern  Vermont,  Massachusetts, 
and  New  York,  Railroad  Company,  with  a  capital  not  larger  that  the  joint  capital, 
and  having  all  their  rights  and  privileges. 

Sect.  20  provides,  that  after  such  union  they  shall  be  one  Corporation,  one  officer 
residing  in  each  State,  and  the  Company  being  amenable  to  process  of  law  in 
either  State. 

Sect.  21  prescribes  the  mode  of  serving  process. 

Sect.  22  requires  said  united  Corporation  to  keep  an  account  of  the  expenditures, 
showing  the  proportion  in  each  State,  and  that  three  Commissioners  shall  be 
appointed  to  apportion  the  same  and  the  receipts  ;  their  books  shall  be  kept  open 
for  inspection. 

Sect.  23  makes  that  part  of  the  road  which  lies  in  Vermont,  subject  to  its  laws. 

Sect.  24  provides  that  the  four  preceding  Sections  shall  not  take  effect,  until  enacted 
in  Massachusetts  and  New  York,  and  accepted  by  the  stockholders  at  a  meeting 
called  for  that  purpose. 

Sect.  25  declares  this  Act  to  be  a  Public  Act,  to  be  construed  liberally. 

Sect.  26  requires  the  Directors  to  report  annually  to  the  Legislature. 

Sect.  27  requires  said  Corporations  to  transport  the  U.  S.  Mail,  for  a  compensation, 
if  not  agreed,  to  be  determined  by  the  Supreme  Court. 


864  SOUTHERN   VERMONT  RAILROAD    COMPANY. 

Sect.  28  requires  the  Company  to  keep  the  road  in  good  repair,  and  provide  suitable 
carriages  for  transportation,  and  to  transport  all  articles  offered,  having  a  lien  upon 
them  for  the  tolls  due. 

Sect.  29  reserves  to  the  State  the  right  to  authorize  another  Company  to  enter  with 
their  road  upon  this,  by  paying  the  tolls  prescribed,  and  complying  with  the  Com- 
pany's regulations. 

No,  59  of  the  Private  Acts  of  1849  contains  a?i  Additional  Act. 

It  continues  said  Act  in  force  for  one  year  from  the  time  specified  therein. 


Laws  of  1848,  Xo.  2. 
An  Act  to  incorporate  the  Southern  Vermont  Railroad  Company. 

Sect.  1.  It  is  hereby  enacted,  ^"c.  That  such  persons  as  shall 
hereafter  become  stockholders,  are  constituted  a  body  corporate, 
by  the  name  of  the  Southern  Vermont  Railroad  Company,  for  the 
purpose  and  with  the  right  of  building  a  railroad,  with  a  single  or 
double  track,  from  some  point  on  the  southern  line  of  the  State,  in  the 
county  of  Bennington  or  Windham,  to  some  point  in  the  western 
line  of  the  State,  in  the  county  of  Bennington,  to  transport  and 
carry  persons  and  property,  on  the  same,  by  the  power  of  steam 
or  otherwise,  and  by  that  name  may  sue  and  be  sued,  may  have 
a  seal,  and  shall  have  all  the  rights  incident  to  corporations. 

Sect.  2.  If  the  said  corporation  shall  not  within  two  years  com- 
mence the  construction  of  the  road,  and  shall  not  within  five  years 
complete  and  put  in  operation  said  road,  then  said  company  shall 
be  dissolved,  and  this  Act  be  void. 

Sect.  3.  The  capital  stock  of  said  company  shall  be  two  hun- 
dred thousand  dollars,  which  may  be  increased  to  an  amount  suffi- 
cient to  complete  said  road  and  furnish  all  necessary  apparatus  for 
conveyance,  which  shall  be  divided  into  shares  of  one  hundred 
dollars  each,  and  shall  be  deemed  personal  property,  and  trans- 
ferable in  such  manner  as  such  corporation  shall,  by  their  by-laws, 
direct. 

Sect.  4.  John  M.  Potter,  B.  E.  Brownell,  A.  B.  Gardner,  John 
S.  Robinson,  Benjamin  F.  Morgan,  J.  N.  Carpenter,  James  P. 
Gadfrey,  Heman  Swift,  Lyman  Patchin,  S.  H.  Blackmer,  and 
Pierpoint  Ishman,  shall  be  commissioners,  whose  duty  it  shall  be, 
within  one  year,  to  open  books  for  receiving  subscriptions  to  the 


VERMONT.  865 

capital  stock  of  said  company,  at  some  convenient  place  in  Pow- 
nal  and  Bennington,  and  such  other  places  as  said  commissioners 
shall  direct ;  and  thirty  days'  notice  shall  be  given  by  said  com- 
missioners, of  the  time  and  place  of  opening  said  books,  by  pub- 
lishing the  same  in  some  public  newspaper  printed  in  the  county 
of  Bennington  ;  and  as  soon  as  five  hundred  shares  of  said  stock 
shall  be  subscribed,  shall  give  notice  in  like  manner  for  a  meet- 
ing of  the  stockholders,  at  such  time  and  place  as  they  shall 
order,  for  the  election  of  nine  directors.  And  such  election  shall 
then  and  there  be  made,  by  such  of  the  stockholders  as  shall  be 
present,  either  in  person  or  by  proxy,  each  proprietor  being  entitled 
to  as  many  votes  as  he  holds  shares.  And  the  commission- 
ers shall  be  inspectors  of  said  election,  and  shall  certify  the  names 
of  those  duly  elected,  and  shall  deliver  over  to  said  directors  the 
subscription  books  and  other  papers.  x\nd  said  directors  shall  then 
proceed  to  elect  from  their  number  a  president  and  vice-president, 
and  so  at  all  subsequent  elections  of  directors.  And  the  time  and 
place  of  holding  the  first  meeting  of  the  directors,  shall  be  fixed  by 
the  commissioners ;  and  a  new  election  shall  be  made  annually,  at 
such  time  and  place  as  the  directors  shall  appoint,  giving  twenty 
days'  notice  of  the  same,  by  publication  in  a  newspaper  printed  in 
the  county  aforesaid,  and  in  such  other  papers  as  they  may  deem 
proper.  And  said  directors  may  cause  such  examinations  and  sur- 
veys of  said  road,  or  any  part  thereof,  to  be  made,  as  they  shall 
deem  necessary.  And  when  said  road,  or  any  part  thereof,  shall 
be  surveyed,  the  directors  shall  certify  the  same  under  their  hands 
and  seals,  and  cause  certificates  to  be  recorded  in  each  town 
through  which  such  road  is  laid,  of  that  portion  of  the  road  lying 
within  said  town ;  which  road,  so  surveyed  and  certified,  shall  be 
deemed  the  line  upon  which  said  road  is  to  be  constructed,  as  here- 
inafter mentioned.  And  the  corporation  may  make  such  altera- 
tions, from  time  to  time,  in  the  course  of  said  road,  as  they  shall 
deem  expedient,  causing  a  certificate  of  the  same  to  be  recorded 
in  the  ofllce  of  the  town  clerk  of  the  town  in  which  such  altera- 
tion is  made;  the  expenses  of  such  surveys,  and  all  incidental 
expenses  relating  thereto,  shall  be  paid  by  said  corporation. 

Sect.  5.  The  vice-president  shall  preside  at  all  meetings  of  the 
directors,  in  case  of  the  absence  or  resignation  of  the  president,  and 
may  exercise  such  powers  and  functions  as  the  corporation  shall 
by  their  by-laws  provide. 

Sect.  6.  If  it  should  happen,  at  any  time,  that  an  election  of 

73 


866  SOUTHERN   VERMONT  RAILROAD   COMPANY. 

directors  should  not  be  made  on  the  day  it  ought  to  have  been, 
pursuant  to  this  Act,  said  corporation  shall  not  for  that  cause  be 
dissolved,  but  the  election  may  be  held  at  any  other  time  provided 
for  by  their  by-laws. 

Sect.  7.  The  directors,   or   such   portion   of  them  as  their  by- 
laws  direct,    shall    form    a   board,    who   shall   be   competent   to 
transact   all   the   business   of  said   corporation,    and   shall    have 
power  to   make  and  prescribe  by-laws   and   regulations,  for  the 
proper  management  and  disposition  of  the  stock,  property,  and 
effects  of  said  corporation,  the  transfer  of  shares,  conduct  of  their 
officers,  election  of  directors,  and  all  other  matters  appertaining  to 
said  corporation  ;   and  shall  have  power  to  appoint  a  clerk  and 
treasurer,  who  shall  give  bonds  to  said  corporation,  with  sureties 
to  the  satisfaction  of  the  directors,  in  a  sum  not  less  than  twenty 
thousand  dollars,  for  the  faithful  discharge  of  his  trust ;   and  to 
establish  such  salaries  for  the  officers  of  said  corporation  as  they 
deem  proper.     And   said  corporation  are  hereby  authorized,  by 
their  agents,  surveyors,  and  engineers,  to  enter  upon  said  route, 
designated  as  aforesaid;   and  it   shall  be  lawful  for  said  corpo- 
ration to  enter  upon,  and  take  possession  of  all  such  lands  and 
real  estate,  as  is  necessary  for  the  construction  and  maintenance 
of  their    railroad  and    the   requisite   accommodations  appertain- 
ing thereto ;  and  may  enter  upon  any  lands  in  the  vicinity   of 
said  railroad,  for  the  purpose  of  procuring  earth,  sand,  gravel,  or 
stone,  for  the  construction  and  repairs  of  said  railroad ;    and  may 
receive,  hold,   and   take,   all  voluntary  grants  and  donations  of 
real  estate  that  shall  be  made  to  said  corporation  for  the  benefit  of 
said  company.     All  lands  thus  entered  upon  and  used  by  said 
corporation,  which  are  not  gifts  or  donations,  shall  be  purchased 
by  said  corporation,  of  the  owner  or  owners  of  the  same;  and  in 
case  the  parties  disagree  upon  the  price  of  said  lands,  and  before 
making  any  portion  of  said  road  upon  such  lands,  it  shall  be  the 
duty  of  the  judges  of  the  county  court  of  the  county  in  which  such 
lands  lie,  to  appoint  three  disinterested  commissioners,  who  shall 
determine  the  damages  which  the  owner  or  owners  of  said  lands 
so  entered  upon  may  have  sustained,  or  shall  be   likely  to  sus- 
tain, by  the  occupation  of  the  same ;  and  upon  the  payment  of  such 
damages,  with  the  expenses  attending  the  appraisement,  the  said 
commissioners   being    allowed  two  dollars  each,  per  day,  while 
thus  employed  ;  or  upon  said  corporation  depositing  in  any  bank, 
in  any  county  through  which  said  road  passes,  to  the  credit  of 


VERMONT.  867 

the  person  or  persons  to  whom  an  award  may  have  been  made 
the  amount  of  said  damages,  with  the  expenses  aforesaid,  the 
proper  officers  of  said  bank  giving  notice  to  such  person  or  persons, 
by  letter,  of  such  deposit ;  then  said  corporation  shall  be  deemed 
to  be  seised  and  possessed  of  such  lands  so  appraised  by  said 
commissioners.  And  it  shall  be  the  duty  of  said  commissioners  to 
give  at  least  ten  days'  notice  of  the  time  and  place  of  such  appraise- 
ment, to  the  owners  or  occupants  of  the  lands  to  be  appraised ; 
and  after  the  appraisal,  shall,  as  soon  as  may  be,  deliver  to  said 
corporation  a  written  statement  of  the  awards  by  them  made,  with 
a  description  of  the  lands  appraised,  which  shall,  within  sixty  days, 
be  recorded  in  the  office  of  the  town  clerk  of  the  town  in  which 
said  lands  lie  ;  and  in  case  any  owner  or  owners  of  lands  taken 
by  said  company  shall  be  married  women,  infants,  idiots,  or  insane, 
or  shall  reside  without  this  State,  in  such  case,  said  corporation 
shall  cause  the  damages  to  be  ascertained  in  the  manner  above 
prescribed,  and  shall  pay  the  amount  of  said  last  mentioned  dam- 
ages, to  the  owners,  respectively,  whenever  the  same  shall  be  law- 
fully demanded,  with  the  interest  at  the  rate  of  six  per  cent,  per 
annum ;  which  amount  and  interest  shall  be  a  specific  lien  on  the 
real  estate  of  said  corporation,  and  shall  have  a  preference  to  any 
other  demand  against  said  corporation. 

Sect.  8.  Should  such  corporation,  or  the  owner  of  any  lands,  feel 
themselves  aggrieved  by  the  decision  of  the  commissioners  afore- 
said, either  party  may,  within  ninety  days  from  the  making  said 
decision  and  notice  thereof,  or  from  the  removal  of  the  disabilities 
in  the  preceding  section  mentioned,  or  from  the  return  of  such 
non-resident,  appeal  to  the  county  court  in  the  county  in  which 
said  lands  or  other  property  lie;  and  the  decision  of  said  court 
shall  be  final;  and  said  court  shall  tax  costs  for  or  against  either 
party,  as  they  shall  judge  equitable. 

Sect.  9.  Said  company  may  build  and  use  a  double  or  single 
track  upon  said  road,  as  shall  be  determined  by  said  company. 

Sect.  10.  Toll  is  granted  for  the  benefit  of  said  corporation,  upon 
all  passengers  and  property  which  may  be  conveyed  or  trans- 
ported upon  said  road,  at  such  rate  per  mile  as  may  be  established 
from  time  to  time  by  the  directors  :  Provided,  the  supreme  court, 
at  any  stated  session  thereof,  held  in  the  county  of  Bennington, 
on  application  of  ten  freeholders  in  any  town  through  which  the 
said  road  passes,  may  alter  or  establish  the  rate  of  toll  upon  said 
road  for  a  term  of  time  not  exceeding  ten  years,  at  any  one  time. 


868  SOUTHERN   VERMONT   RAILROAD   COMPANY. 

and  in  such  manner  that  the  corporation  shall  not  receive  less 
than  twelve  per  cent,  per  annum,  on  the  amount  of  capital  stock, 
after  deducting  all  the  expenses  of  the  corporation,  after  the  corpo- 
ration shall  commence  taking  toll  on  said  road. 

Sect.  11.  The  directors  of  said  corporation  may  erect  toll-houses, 
establish  gates,  appoint  toll-gatherers,  and  demand  toll,  upon  said 
road  when  completed  or  upon  such  parts  thereof  as  shall,  from 
time  to  time,  be  completed  ;  and  shall  keep  just  and  true  books 
and  accounts  of  all  expenditures  made  in  building  and  keeping 
in  repair  said  railroad,  and  also  of  all  the  income  arising  from  said 
road;  which  books  shall,  at  all  times,  be  open  to  the  inspection  of 
any  committee  of  the  legislature,  or  of  the  supreme  court;  and 
any  such  committee  may  examine  the  officers  of  said  corporation, 
under  oath,  touching  the  receipts  and  expenditures  of  said  corpo- 
ration. 

Sect.  12.  Said  corporation  shall  keep  constantly  exposed  to  view, 
at  all  places  where  they  have  toll-houses,  or  gates,  and  at  all  pub- 
lic places  where  they  receive  passengers,  or  freight,  a  sign  or  hand- 
bill, with  the  rates  of  toll  legibly  written  or  printed  thereon. 

Sect.  13.  If  any  person  shall  wilfully,  maliciously,  or  wantonly, 
obstruct  the  passage  of  any  carriage  on  said  road,  or  in  any  way 
injure,  or  destroy  said  road,  or  any  part  thereof,  or  any  thing 
belonging  thereto,  or  any  material  or  implement  employed  in  the 
construction  thereof,  he,  or  any  person  or  persons  assisting,  aiding, 
or  abetting  in  such  trespass,  shall  forfeit  and  pay  to  said  corpora- 
tion, for  every  such  offence,  such  damages,  as  shall  be  assessed 
before  any  court  proper  to  try  the  same  ;  and  such  offender  or 
offenders  shall  be  liable  to  indictment  by  the  grand  jury  of  the 
county  within  which  such  trespass  shall  have  been  committed, 
for  any  offence  contrary  to  the  above  provisions,  and  on  conviction 
thereof,  before  such  county  court,  shall  pay  a  fine  not  exceeding 
one  hundred  dollars,  and  not  less  than  twenty  dollars,  to  the  use  of 
the  State. 

Sect.  14.  If  said  railroad  shall  cross  any  private  way,  said  cor- 
poration shall  so  construct  the  same  as  not  to  obstruct  the  safe  and 
convenient  use  of  said  private  way ;  and  if  said  railroad  shall  not  be 
so  constructed,  the  party  aggrieved  may  have  an  action  on  the  case 
in  any  court  proper  to  try  the  same,  and  recover  reasonable  dama- 
ges for  such  injury  ;  and  if  said  railroad  shall  cross  any  canal,  high- 
way, or  turnpike,  the  same  shall  be  so  constructed  as  not  to  impede 
or  obstruct  the  safe  and  convenient  use  of  such  canal,  highway,  or 


VERMONT.  869 

turnpike ;  and  said  corporation  may  raise  or  lower  such  turnpike, 
highway,  or  private  way,  so  that  said  raihoad,  if  necessary,  may 
pass  over  or  under  the  same.  And  if  said  corporation  shall  raise  or 
lower  any  such  turnpike,  highway,  or  private  way,  and  shall  not  so 
raise  or  lower  the  same  as  to  be  satisfactory  to  the  proprietors  of 
said  turnpike,  or  to  the  selectmen  of  the  town  in  which  said  high- 
way or  private  way  is  situated,  said  proprietors  or  selectmen  may 
require,  in  writing,  of  said  corporation,  such  alteration  or  amend- 
ment as  they  shall  think  necessary ;  and  if  the  required  amendment 
or  alteration  be  reasonable  and  proper,  and  said  corporation  shall 
unnecessarily  neglect  to  make  the  same,  such  proprietors,  or  select- 
men, may  make  such  alteration  or  amendment,  and  may  prosecute 
to  final  judgment  and  execution,  iu  any  court  proper  to  try  the 
same,  an  action  of  the  case  against  said  corporation,  and  shall 
therein  recover  a  reasonable  indemnity,  in  damages,  for  all  expenses 
occasioned  by  making  such  alteration,  with  costs  of  suit.  And  if 
said  railroad  shall  intersect  or  cross  any  stream  of  water,  or  water- 
course, said  corporation  may  construct  the  same  across  a  stream  or 
watercourse,  provided  they  restore  said  stream  or  watercourse  to 
its  former  state,  or  in  a  sufficient  manner  not  to  impair  its  useful- 
ness ;  and  the  said  company  shall  constantly  maintain  in  good 
repair,  all  bridges,  with  their  abutments  and  embankments,  which 
they  may  construct  for  the  purpose  of  conducting  said  road  over 
any  turnpike,  private  way,  or  highway,  or  for  conducting  such 
turnpike,  private  way,  or  highway,  over  said  railroad,  and  in 
default  thereof,  shall  be  liable  to  an  action  on  the  case,  to  pay  all 
damages  to  any  party  aggravated  ;  and  said  corporation  shall  build 
and  maintain  a  sufficient  fence  upon  each  side  of  their  railro3.d, 
through  the  whole  route  thereof:  Provided,  that  nothing  in  this 
Act  contained  shall  be  so  construed  as  to  prevent  the  crossing  of 
said  railroad,  with  teams  or  otherwise,  in  a  manner  not  calculated 
to  injure  the  same. 

Sect.  15.  The  legislature  may,  at  any  time,  after  the  expiration 
of  fifty  years  from  the  opening  for  use  of  the  road,  and  not  before,  pur- 
chase of  the  corporation  the  railroad,  and  all  the  property,  rights  and 
privileges  thereof,  by  paying  therefor  the  amount  expended  in  mak- 
ing the  same.  And  if,  at  the  time  of  the  purchase,  the  corporation 
shall  not  have  received  an  income  equal  to  ten  per  cent,  per  annum 
on  the  original  costs,  over  and  above  the  charges  and  expenses  rela- 
ting thereto,  the  legislature  shall  pay  the  corporation  such  additional 
sum  as,  together  with  the  tolls  and  profits  of  every  kind  received 
73* 


870  SOUTHERN  VERMONT  RAILROAD    COMPANY. 

from  the  road,  will  be  equal  to  ten  per  cent,  per  annum  on  the 
cost  of  the  road,  from  the  date  of  the  payment  thereof  by  the 
stockholders  of  the  corporation  to  the  time  of  such  purchase. 

Sect.  16.  The  directors  may  require  payment  of  the  sums  sub- 
scribed to  the  capital  stock,  at  such  times,  and  in  such  proportions, 
and  on  such  conditions,  as  they  shall  deem  best,  under  the  penalty 
of  forfeiture  of  all  previous  payments  thereon  ;  and  shall  give 
notice  of  the  payments  required,  and  the  time  and  place  where  the 
same  are  to  be  paid,  at  least  thirty  days  previous  thereto,  in  a 
newspaper  published  in  said  county  of  Bennington. 

Sect.  17.  The  commissioners  may,  at  the  time  of  subscription 
of  any  person  for  the  capital  stock  of  said  corporation,  require  pay- 
ment by  the  person  subscribing,  of  such  sums  towards  each  share, 
as  they  may  deem  best,  which  shall  not  be  less  than  five  per 
centum  of  the  capital  stock  ;  and  unless  the  same  shall  be  paid,  the 
subscription  shall  be  void;  and  in  case  a  greater  amount  of  capital 
stock  shall  be  subscribed  than  the  sum  of  two  hundred  thousand 
dollars,  the  commissioners  shall  distribute  the  stock  in  such  man- 
ner as  they  shall  deem  equitable  and  just. 

Sect.  IS.  The  office  of  the  clerk  of  said  corporation  shall  be 
kept  within  this  State. 

Sect.  19.  The  persons  who  shall  become  stockholders  of  any 
railroad  company  which  has  been  or  may  hereafter  be  created  by 
the  commonwealth  of  Massachusetts,  or  by  the  State  of  New  York, 
and  whose  road  shall  connect  with  the  road  of  this  corporation  at 
the  south  or  west  line  of  this  State,  shall  be  stockholders  of  this 
corporation,  together  with  such  persons  as  shall  be  stockholders 
of  this  corporation,  and  when  the  stockholders  shall  have  assented 
thereto,  the  said  corporations  shall  become  united  in  one  corpora- 
tion, by  the  name  of  the  Southern  Vermont,  Massachusetts  and  New 
York  Railroad  Company,  with  a  capital  not  exceeding  the  amount 
of  the  joint  capital  of  said  corporations ;  and  all  the  tolls,  franchises, 
rights,  powers,  privileges,  and  property,  granted  or  to  be  granted, 
acquired  or  to  be  acquired,  under  the  authority  of  the  State  of 
Massachusetts,  New  York,  or  of  this  State,  shall  be  held  and 
enjoyed  by  all  the  stockholders,  in  proportion  to  the  number  of 
shares  in  either  or  all  of  said  corporations. 

Sect.  20.  After  the  said  union  shall  be  perfected,  the  said  stock- 
holders shall  hold  their  meetings,  make  their  by-laws,  appoint  their 
officers,  and  transact  all  their  business,  as  one  corporation  :  Provid- 
ed, that  one  or  more  of  the  officers  of  said  corporation  shall  be  resi- 


VERMONT.  871 

dent  in  this  State,  and  one  or  more  of  them  in  the  commonwealth  of 
Massachusetts,  and  one  or  more  of  them  in  the  State  of  New  York, 
on  whom  process  against  said  corporation  may  be  legally  served 
in  either  State ;  and  said  corporation  shall  be  held  to  answer,  within 
jurisdiction  where  service  shall  be  made,  and  the  process  is  return- 
able. 

Sect.  21.  The  share  or  shares  of  any  stockholder  in  said  united 
corporation  shall  be  liable  to  attachment,  and  to  be  taken  on  execu- 
tion, in  the  State  where  such  stockholder  shall  reside  at  the  time 
of  the  service  of  such  process ;  and  if  such  stockholder  shall  not 
reside  in  either  State,  then  the  same  shall  be  so  liable  in  either  State  ; 
and  an  attested  copy  of  such  writ  or  execution,  and  of  the  returns 
of  the  officers  thereon,  shall  at  the  time  of  such  service,  be  left  with 
the  clerk  or  a  director  of  said  corporation,  or  at  his  usual  place  of 
abode,  by  the  officer  making  the  service. 

Sect.  22.  The  said  united  corporation  shall  so  make  out  and 
keep  an  account  of  the  expenditures  on  said  road,  from  its  com- 
mencement to  its  completion,  as  clearly  to  exhibit  what  portion 
thereof  belongs  to  that  part  of  said  road  situated  in  Vermont,  and 
what  portion  to  that  part  in  Massachusetts,  and  what  portion  to 
that  part  in  New  York,  and  three  commissioners  shall  be  appoint- 
ed, one  by  the  Governor  of  each  State,  to  hold  their  offices  for 
the  term  of  five  years,  and  to  be  reasonably  compensated  for  their 
services  by  said  corporation,  who  shall  ascertain  what  proportion 
of  expenditures  on  said  road,  and  of  the  other  expenditures  attend- 
ing its  construction,  maintenance,  and  use,  also  what  proportion 
of  the  receipts  and  profits  of  said  railroad,  shall  properly  appertain 
and  belong  to  the  portions  of  said  road  in  each  State  respectively, 
and  shall  annually  make  report  thereof  to  the  legislature  of  this 
State ;  the  books  of  said  united  corporation  shall  at  all  times  be 
open  to  the  inspection  of  any  committee  of  the  legislature,  or  of  the 
supreme  court,  of  this  State  ;  and  any  such  committee  may  exam- 
ine any  officer  of  said  corporation,  under  oath,  relative  to  the 
receipts  and  expenditures  of  said  corporation. 

Sect.  23.  The  said  corporation,  so  far  as  their  road  shall  be 
situated  in  Vermont,  shall  be  subject  to  the  general  laws  of  this 
State,  to  the  same  extent  as  if  their  road  was  wholly  therein. 

Sect.  24.  The  twentieth,  twenty-first,  twenty-second  and  twenty- 
third  sections  of  this  Act  shall  not  take  effect,  until  similar  pro- 
visions shall  have  been  enacted  by  each  of  the  States  of  Massachu- 
setts and  New  York,  nor  until  the  provisions  so  enacted  in  each 


872  SOUTHERN   VERMONT  RAILROAD   COMPANY. 

State,  shall  have  been  accepted  by  the  stockholders  of  said  corpora- 
tions, at  meetings  duly  called  for  that  purpose ;  at  which  meeting 
they  may  ratify  and  confirm  all  or  any  of  their  former  doings,  and 
adopt  them  as  the  acts  and  doings  of  said  united  corporation. 

Sect.  25.  This  Act  shall  be  taken  and  deemed  a  public  Act,  and 
shall  be  construed  favorably  and  beneficially  for  all  the  purposes 
for  which  the  same  is  enacted. 

Sect.  26.  The  directors  of  said  Southern  Yermont  Railroad  Com- 
pany shall  annually,  on  or  before  the  third  Thursday  of  October, 
make  a  report  to  the  legislature  of  their  proceedings,  receipts,  and 
expenditures. 

Sect.  27.  The  corporations  hereby  established  shall  be  required 
to  transport  upon  their  respective  railroads,  by  their  regular  trips, 
the  mails  of  the  United  States,  and  in  case  of  any  disagreement 
between  the  said  corporations  and  the  agents  of  the  General  Gov- 
ernment, touching  the  compensation  for  the  same,  it  shall  be  the 
duty  of  the  supreme  court,  on  application  of  either  of  the  parties, 
to  establish  and  define  the  rates  of  compensation  ;  which  rates  shall 
be  binding  upon  the  parties,  until  altered  by  said  court  upon  similar 
application. 

Sect.  28.  And  said  corporation,  after  they  shall  commence  the 
receiving  of  toll,  shall  be  bound,  at  all  times,  to  have  said  road  in 
good  repair,  and  a  sufficient  number  of  suitable  carriages  and 
vehicles,  for  the  transportation  of  persons  and  articles,  and  be 
obliged  to  receive,  at  all  proper  times  and  places,  and  convey  the 
same,  when  the  appropriate  tolls  therefor  shall  be  paid  or  ten- 
dered ;  and  a  lien  is  hereby  created  on  all  articles  transported,  for 
the  tolls  due  for  the  transportation  thereof. 

Sect.  29.  The  legislature  of  this  State  may  authorize  any  com- 
pany to  enter  with  another  railroad,  at  any  point  of  the  road  hereby 
granted,  paying  for  the  right  to  use  the  same,  or  any  part  thereof, 
such  rate  of  toll  as  the  legislature  may  hereafter  prescribe,  and  com- 
plying with  such  rules  and  regulations  as  may  be  established  by 
the  company  hereby  incorporated.     Ajjproved,  November  13,  1848. 

Laws  of  1849,  No.  59. 

An  Act  to  extend  the  charter  of  the  Southern  Vermont  RaUroad  Companj\ 

It  is  hereby  enacted,  ^-c.  An  Act  entitled  "An  Act  to  incorporate 
the  Southern  Vermont  Railroad  Company,"  approved  November 
13,  1848,  is  hereby  extended  and  continued  in  force  one  year  from 


VERMONT.  873 

the  time  specified  in  said  Act,  for  all  purposes  whatsoever  ;  so  that 
the  said  corporation  shall  have  the  same  rights  and  privileges,  and 
the  Act  of  incorporation  shall  have  the  same  effect  as  it  would 
have  if  passed  at  the  present  session  of  the  legislature.  Approv- 
ed, November  13th,  1849. 


DANVILLE  AXD  PASSUMPSIC  EAILROAD   COMPANY. 
INCORPORATED    IN   VERMONT   IN    1848. 

No.  3  of  the  Private  Acts  of  1848  contaim  the  Charter. 

Sect.  1  grants  corporate  po-wers,  -with  the  right  to  construct  a  railroad  on  the  route 
described,  and  to  transport  persons  and  property  thereon. 

Sect.  2  provides,  if  A^ithin  three  years  herefrom  they  do  not  commence  the  con- 
struction of  said  road,  and  expend  $5000  thereon,  and  within  seven  years  com- 
plete and  put  in  operation  said  road,  that  this  Act  shall  be  void. 

Sect.  3  fixes  the  capital  stock  at  $75,000,  in  shares  of  $50  each. 

Sect.  4  appoints  Commissioners,  who  shall,  within  two  years,  open  books  for  receiv- 
ing subscriptions  to  the  stock  ;  and  when  subscribed,  they  shall  call  a  meeting  for 
choice  of  Directors. 

Sect.  0  provides  that  said  Commissioners  shall  be  inspectors  of  elections,  and  shall 
certify  who  are  chosen  ;  the  Directors  shall  choose  a  President  and  Vice-Presi- 
dent. 

Sect.  6  authorizes  the  Directors  to  cause  surveys  to  be  made,  and  to  designate  the 
line  of  the  road. 

Sect.  7  defines  the  powers  and  duties  of  the  Directors. 

Sect.  8  requires  the  Clerk  and  Treasurer  to  give  bonds  in  $5000. 

Sect.  9  empowers  the  Corporation  to  enter  upon  the  route  selected,  and  to  hold 
lands  necessary  for  the  road. 

Sect.  10  directs  the  appointment  of  Commissioners  to  assess  damages,  if  not  agreed. 

Sect.  11  prescribes  the  mode  of  proceeding  in  such  assessment. 

Sect.  12  gives  to  either  party  the  right  of  appeal,  from  such  assessment,  to  the 
County  Court,  whose  decision  shall  be  final. 

Sect.  13  authorizes  the  Corporation  to  regulate  the  time  and  mode  of  transportation, 
and  to  establish  rates  of  toll,  subject  to  revision  by  the  Supreme  Court. 

Sect.  14  provides,  if  any  person  wilfully  injure  said  railroad  or  appurtenances,  that 
he  shall  forfeit  to  the  Company  all  damages,  and  be  hable  to  indictment. 

Sect.  15  requires  said  road  to  be  so  constructed,  where  it  crosses  or  intersects  any 
private  way,  highway,  or  watercourse,  as  not  to  obstruct  or  injure  the  same. 

Sect.  16  authorizes  the  Directors  to  prescribe  the  time  and  mode  of  paying  assess- 
ments on  shares. 

Sect.  17  provides  that  the  Commissioners  may  direct  what  sums  shall  be  paid  at  the 
time  of  subscribing. 

Sect.  18  requires  the  Clerk's  ofiice  to  be  kept  in  this  State. 


874  DANVILLE  AND   PASSUMPSIC   RAILROAD   COMPANY. 

Sect.  19  requires  tlie  Company  to  cause  proper  notice  to  be  given  of  the  approach, 
of  an  engine,  and  to  cause  suitable  signs  to  be  placed  where  it  crosses  a  highway 
on  the  same  level ;  being  liable  for  damages  occasioned  by  neglect  thereof. 

Sect.  20  provides  that  said  Commissioners  may  make  surveys,  the  expenses  to  be 
paid  by  the  Company,  when  organized. 

Sect.  21  makes  this  Corporation  subject  to  general  laws  respecting  railroads. 

Sect.  22  provides  that  this  Act  shall  take  effect  from  its  passage. 


Laws  of  1848,  No.  3. 
An  Act  to  incorporate  the  Danville  and  Passumpsic  Railroad  Company. 

Sect.  1.  Be  it  e?iacted,  tj'c.  That  such  persons  as  shall  hereafter 
become  stockholders  of  said  company,  are  hereby  constituted  a  body 
corporate,  by  the  name  of  the  Danville  and  Passumpsic  Railroad 
Company,  for  the  purpose,  and  with  the  right,  of  building  a  railroad, 
with  a  single  track,  from  some  point  near  Danville  Green,  to  some 
point  on  the  railroad  of  the  Connecticut  and  Passumpsic  River 
Railroad  Company,  near  the  outlet  of  the  water  Andric,  in  the  town 
of  Barnet,  for  the  transportation  of  persons  and  property ;  and  shall 
have  all  the  rights  incident  to  corporations. 

Sect.  2.  If  said  corporation  shall  not,  within  seven  years,  com- 
mence the  construction  of  said  road,  and  expend  thereon  at  least 
the  sum  of  five  thousand  dollars,  and  shall  not,  within  seven 
years,  complete  and  put  in  operation  said  road,  then  said  corpora- 
tion shall  cease,  and  this  Act  become  void. 

Sect.  3.  The  capital  stock  of  said  company  shall  be  seventy-five 
thousand  dollars,  which  may  be  increased  to  an  amount  sufiicient 
to  complete  said  road,  and  furnish  all  necessary  apparatus  for 
conveyance ;  which  shall  be  divided  into  shares  of  fifty  dollars 
each,  and  shall  be  deemed  personal  property,  and  be  transferable  iu 
such  manner  as  said  corporation  shall,  by  their  by-laws,  direct. 

Sect.  4.  William  Sias,  S.  J.  Y.  Vail,  Isaac  N.  Hall,  Ira  Brai- 
nard,  Samuel  B.  Mattocks,  John  Kelsey,  and  Lewis  H.  Delano, 
shall  be  commissioners,  who  shall  within  two  years,  open  books 
for  receiving  subscriptions  to  the  capital  stock  of  said  company, 
at  some  convenient  place  in  Danville,  and  such  other  place  as 
the  said  commissioners  shall  direct ;  and  twenty  days'  notice  shall 
be  given  by  said  commissioners,  of  the  time  and  place  of  opening 
said  books,  by  publishing  the  same  in  some  public  newspaper 
printed  in  the  county  of  Caledonia ;  and  as  soon  as  said  stock  shall 


VERMONT.  875 

be  subscribed,  said  commissioners  shall,  in  like  manner,  give 
notice  for  a  meeting  of  the  stockholders,  at  such  time  and  place 
as  they  shall  order,  for  the  election  of  seven  directors  ;  and  such 
election  shall  then  and  there  be  made,  by  such  of  the  stockholders 
as  shall  be  present,  either  in  person  or  by  proxy,  each  propri- 
etor being  entitled  to  as  many  votes  as  he  holds  shares  :  Provided^ 
they  do  not  amount  to  more  than  one-fourth  part  of  the  whole 
number  of  shares. 

Sect.  5.  The  said  commissioners  shall  be  inspectors  of  elec- 
tion, and  shall  certify  the  names  of  those  duly  elected,  and  shall 
deliver  to  the  directors  the  subscription  books  and  other  papers  ;  and 
the  said  directors  shall  then  proceed  to  elect  from  their  number  a 
president  and  vice-president,  and  the  directors  and  officers  so  elect- 
ed, shall  hold  their  respective  offices  for  one  year,  and  until  others 
are  elected  in  their  place.  The  time  and  place  of  holding  the  annual 
meetings  for  this  purpose,  shall  be  appointed  by  the  directors,  and 
twenty  days'  notice  thereof  shall  be  given,  by  publication  in  one 
newspaper  printed  in  the  county  of  Caledonia. 

Sect.  6.  The  directors  may  cause  such  examinations  and  sur- 
veys of  said  road  to  be  made  as  they  shall  deem  necessary  ;  and 
when  the  road  shall  be  finally  surveyed  and  laid  out,  the  directors 
shall  certify  the  same,  under  their  hands  and  seals,  one  of  which 
certificate  shall  be  recorded  in  the  town  clerk's  office  of  each  town 
through  which  said  road  shall  pass  ;  which  road,  so  surveyed  and 
certified,  shall  be  deemed  the  line  upon  which  said  road  is  to  be 
constructed,  as  hereinafter  mentioned ;  and  the  corporation  may 
make  such  alterations,  from  time  to  time,  in  the  course  of  said 
road,  as  they  shall  deem  expedient,  causing  a  certificate  of  the 
same  to  be  recorded  in  the  office  of  the  town  clerk  of  the  town  in 
which  such  alteration  is  made ;  and  the  expenses  of  said  surveys, 
and  all  incidental  expenses  relating  thereto,  shall  be  paid  by  said 
corporation. 

Sect.  7.  Five  directors  shall  constitute  a  quorum,  and  shall  be 
competent  to  transact  all  the  business  of  the  corporation,  and  shall 
have  power  to  prescribe  by-laws  and  regulations  for  the  proper 
management  and  disposition  of  the  stock,  property,  and  effects  of 
the  corporation,  the  transfer  of  shares,  the  conduct  of  their  officers, 
elections  of  directors,  and  all  other  matters  appertaining  to  the 
corporation,  and  shall  have  power  to  appoint  a  clerk  and  trea- 
surer, and  to  establish  such  salaries  for  the  officers  of  the  corpo- 
ration as  they  deem  proper. 


876  DANVILLE   AND   PASSUMPSIC   RAILEOAD    COMPANY. 

Sect.  8.  The  clerk  and  treasurer  shall  give  bonds  to  the  corpo- 
ration, with  sureties,  to  the  satisfaction  of  the  directors,  in  a  sum 
not  less  than  five  thousand  dollars,  for  the  faithful  discharge  of 
their  trust. 

Sect.  9.  The  said  corporation  may  enter  upon  the  route  desig- 
nated for  their  road,  as  herein  provided,  and  may  enter  upon  and 
take  possession  of  all  such  lands  and  real  estate  as  may  be  neces- 
sary for  the  construction  and  maintenance  of  their  railroad,  and  the 
requisite  accommodations  appertaining  thereto,  and  may  receive, 
and  hold,  all  voluntary  grants  of  real  estate  which  may  be  made 
to  them. 

Sect.  10,  All  lands  thus  entered  upon  and  used  by  the  corpora- 
tion, which  are  not  voluntarily  granted  to  them,  shall  be  purchased 
by  them  of  the  owner  or  owners  thereof;  and  in  case  the  parties 
disagree  as  to  the  price  of  the  land,  it  shall  be  the  duty  of  the 
judges  of  the  county  court  of  Caledonia  county,  toappoint  three  dis- 
interested commissioners,  who  shall  determine  the  damages  which 
the  owner  or  owners  of  lands  so  entered  upon,  may  have  sus- 
tained, or  shall  be  likely  to  sustain,  by  the  occupation  of  the  same  ; 
and  upon  payment  of  such  damages,  with  the  expenses  attending 
such  appraisement,  or  upon  the  corporation's  depositing  in  the 
bank  of  Caledonia,  to  the  credit  of  the  person  or  persons  to  whom 
an  award  may  have  been  made,  the  amount  of  said  damages,  with 
the  expenses  aforesaid,  and  giving  notice  of  said  deposit  to  such 
person  or  persons,  then  the  corporation  shall  be  deemed  to  be 
seised  of  such  lands  so  appraised. 

Sect.  11.  It  shall  be  the  duty  of  said  commissioners  to  give 
fifteen  days'  notice  of  the  time  and  place  of  such  appraisement,  to 
the  owner  of  the  lands  to  be  appraised,  and  they  shall,  as  soon  as 
may  be  after  the  appraisal,  deliver  to  the  corporation  a  written 
statement  of  the  awards  made  by  them,  with  a  description  of  the 
lands  appraised,  which  shall,  within  sixty  days,  be  recorded  in  the 
office  of  the  town  clerk  of  the  town  in  which  the  lands  lie.  And 
in  case  any  owners  of  lands  taken  by  said  company  shall  be 
married  women,  infants,  idiots,  or  insane,  or  shall  reside  with- 
out the  State,  the  corporation  shall  cause  the  damages  to  be  ascer- 
tained, in  the  manner  above  prescribed,  giving  notice  as  aforesaid, 
to  the  husband,  guardian,  or  agent,  of  such  owner  or  owners, 
respectively,  if  any  such  there  be,  and  shall  pay  the  amount  of 
damages  to  the  owners  respectively,  whenever  the  same  shall  be 
lawfully  demanded  with  the  interest,  at  the  rate  of  six  per  cent. 


VERMONT.  877 

per  annum;  which  amount  and  interest  shall  be  a  specific  lien  on 
the  real  estate  of  the  corporation,  and  shall  have  a  preference  to 
an}''  other  demand  against  them. 

Sect.  12.  Should  the  corporation,  or  owner  of  any  lands  feel 
aggrieved  by  the  decision  of  the  commissioners  aforesaid,  either 
party  may,  within  ninety  days  from  the  time  of  recording  said 
decision  in  the  town  clerk's  office,  as  aforesaid,  or  from  the 
removal  of  the  disabilities  in  the  preceding  section  mentioned,  or 
from  the  return  of  such  non-resident,  appeal  to  the  county  court 
in  the  county  of  Caledonia  ;  and  the  decision  of  said  court  shall  be 
final ;  and  said  court  shall  tax  costs  for  or  against  either  party,  as 
they  shall  judge  equitable. 

Sect.  13.  Said  corporation  may  regulate  the  time  and  manner  in 
which  passengers  and  property  shall  be  transported  upon  their 
road,  and  may  erect  such  buildings  for  their  accommodation  as 
they  may  deem  suitable;  and  may,  from  time  to  time,  fix,  regulate, 
and  receive  toll  and  charges,  for  the  transportation  of  persons  and 
property  on  said  road  :  Provided,  that  the  supreme  court,  at  any 
stated  session  in  the  county  of  Caledonia,  may  on  the  applica- 
tion of  any  ten  freeholders  in  any  town  or  towns  through  which  said 
road  may  pass,  alter  or  establish  the  rate  of  toll  upon  said  road, 
for  a  term  of  time  not  exceeding  ten  years,  at  any  one  time,  so 
that  said  company  shall  not  receive  less  than  ten  per  cent,  per 
annum  on  the  capital  stock,  over  and  above  all  charges  and  ex- 
penses of  said  company. 

Sect.  14.  If  ajiy  person  shall  wilfully,  maliciously,  or  wantonly, 
obstruct  the  passage  of  any  carriage  on  said  road,  or  in  any  way 
injure  or  destroy  said  road,  or  any  part  thereof,  or  any  build- 
ings, engine,  carriage,  or  machine  appertaining  thereto,  or  any 
material  or  implements  employed  in  the  construction  thereof,  he 
shall  forfeit  and  pay  to  said  company  all  damages,  with  full 
costs,  in  an  action  on  the  case,  before  any  court  competent  to 
try  the  same,  and  shall  also  be  liable  to  indictment  by  the 
grand  jury  of  the  county  of  Caledonia,  and  be  punished  for  a 
misdemeanor. 

Sect.  1.5.  If  said  railroad  shall  cross  any  private  way,  said  cor- 
poration shall  so  construct  the  same  as  not  to  obstruct  the  safe  and 
convenient  use  of  said  private  way;  and  if  said  railroad  shall 
not  be  so  constructed,  the  party  aggrieved  may  have  an  action  on 
the  case,  in  any  court  proper  to  try  the  same,  and  recover  reason- 
able damages  for  such  injury;  and  if  said  railroad  shall  cross 
74 


878  DANVILLE   AND    PASSUMPSIC   RAILROAD    COMPANY. 

any  highway,  or  turnpike,  the  same  shall  be  so  constructed  as 
not  to  impede  or  obstruct  the  safe  and  convenient  use  of  such 
highway,  or  turnpike ;  and  said  corporation  may  raise  or  lower 
such  turnpike,  highway,  or  private  way,  so  that  said  railroad, 
if  necessary,  may  pass  over  or  under  the  same ;  and  if  said 
corporation  shall  raise  or  lower  any  such  turnpike,  highway,  or 
private  way,  and  shall  not  so  raise  or  lower  the  same  as  to  be 
satisfactory  to  the  proprietors  of  said  turnpike,  or  to  the  selectmen 
of  the  town  in  which  such  highway  or  private  way  is  situated, 
said  proprietors  or  selectmen  may  require,  in  writing,  of  said  cor- 
poration, such  alteration  or  amendment  as  they  may  think  neces- 
sary ;  and  if  the  required  alteration  or  amendment  be  reasonable  and 
proper,  and  said  corporation  shall  unnecessarily  neglect  to  make 
the  same,  such  proprietors  or  selectmen  may  recover  all  damages 
resulting,  or  likely  to  result,  from  such  neglect,  in  an  action  on  the 
case,  against  the  corporation,  with  costs  of  suit,  and  if  said  rail- 
road shall  intersect  or  cross  any  stream  of  water,  or  watercourse, 
the  corporation  may  construct  their  road  across  the  same  :  Provid- 
ed, they  return  such  stream  or  watercourse  to  its  former  state,  or 
in  a  sufficient  manner  not  to  impair  its  usefulness ;  and  said  cor- 
poration shall  build  and  maintain  a  sufficient  fence  upon  each  side 
of  their  railroad,  through  the  whole  route  thereof;  but  nothing  in 
this  Act  shall  be  so  construed  as  to  prevent  the  crossing  of  said 
road  with  teams,  or  otherwise,  in  a  manner  not  calculated  to  injure 
the  same. 

Sect.  16.  The  directors  may  require  payment  of  the  sums  sub- 
scribed to  the  capital  stock,  at  such  times,  and  in  such  proportions, 
and  on  such  conditions,  as  they  shall  deem  best,  under  the  penalty 
of  forfeiture  of  all  previous  payments  thereon  ;  and  shall  give  notice 
of  the  payments  required,  and  of  the  time  and  place  at  which  the 
same  is  to  be  paid,  at  least  thirty  days  previous  thereto,  in  some 
newspaper  published  ni  the  county  of  Caledonia. 

Sect.  17.  The  commissioners  named  in  section  four  may,  at  the 
time  of  subscription  to  the  capital  stock,  require  such  portions  of 
the  stock  to  be  paid  in  cash,  as  they  may  deem  proper,  which  shall 
not  be  less  than  five  per  centum  of  said  stock. 

Sect.  18.  The  office  of  clerk  of  said  company  shall  be  kept  in 
this  State. 

Sect.  19.  Said  corporation  shall  cause  seasonable  and  proper 
notice  to  be  given  of  the  approach  of  any  locomotive  engine  upon 
the  road,  to  the  place  where  said  railroad  crosses  any  turnpike, 


VERMONT,  879 

highway,  or  private  way,  upon  the  same  level  with  said  road,  and 
shall  cause  suitable  signs  to  be  placed  across  each  highway  or  turn- 
pike, where  the  same  is  crossed  by  said  railroad  upon  the  same 
level  therewith ;  and  said  corporation  shall  be  liable  for  all  dama- 
ges sustained  by  any  person,  by  reason  of  the  neglect  of  the  provis- 
ions of  this  section,  to  be  recovered  in  an  action  on  the  case,  by 
the  person  sustaining  such  damages. 

Sect.  20.  The  said  commissioners,  provided  for  in  section  four, 
may  cause  such  preliminary  explorations  and  surveys  to  be  made 
as  they  may  deem  expedient,  and  the  expenses  thereof  shall  be 
paid  by  the  said  corporation  when  organized. 

Sect.  21.  This  corporation  shall  be  subject  to  any  general  law 
respecting  railroad  corporations  which  shall  hereafter  be  passed, 
not  inconsistent  with  the  express  provisions  of  this  Act. 

Sect.  22.  This  Act  shall  take  effect  from  its  passage.  Approved, 
Novembe?'  6,  1845. 


VERJIONT  VALLEY  RAILROAD    COMPANY. 

INCORPORATED    IN    VERMONT   IN    1848. 
Xo.  i  of  the  Private  Acts  of  1848  contaiiis  the  Charter. 

Sect.  1  grants  corporate  powers,  -with,  tlie  right  to  construct  a  railroad  on  the  route 
described,  and  to  transport  persons  and  property  thereon. 

Sect.  2  appoints  Commissioners,  who  shall  open  books  for  receiving  subscriptions  to 
the  stock,  and  when  $200,000  are  subscribed,  shall  call  a  meeting  of  stockholders 
for  choice  of  Directors,  and  certify  who  are  chosen ;  said  Directors  may  cause 
surveys  to  be  made,  and  shall  designate  the  line  of  the  road  ;  the  Company  may 
alter  the  location,  if  necessary. 

Sect.  3  provides  that  the  Directors  shall  choose  a  President,  and  may  fill  any  vacan- 
cies ;  the  election  of  Directors  may  be  held  on  a  day  subsequent  to  that  appointed, 
if  within  sixty  days  thereafter ;  it  defines  their  powers  and  duties. 

Sect.  4  fixes  the  capital  stock  at  .$500,000,  in  shares  of  $100  each. 

Sect.  5  provides,  if,  within  eighteen  months  herefrom,  the  Company  shall  not  com- 
mence the  construction  of  said  road,  and  expend  $100,000  thereon,  and  within 
two  and  a  half  years  herefrom  complete  the  road  to  Bellows  Falls,  and  within  four 
years  herefrom  complete  said  road  entirely,  that  this  Act  shall  be  void  as  to  the 
parts  not  completed. 

Sect.  6  empowers  the  Company,  by  its  agents,  to  enter  upon  land  necessary  for  the 
road,  by  paying  therefor  damages,  to  be  assessed  as  therein  provided. 

Sect.  7  allows  to  either  party  the  right  of  appeal  from  such  assessment  to  the  County 
Court,  whose  decision  shall  be  final. 


SSO  VERMONT   VALLEY  KAILROAD    COMPANY. 

Sect.  8  authorizes  the  Directors  to  establish,  rates  of  toll,  subject  to  revision  by 
the  Supreme  Court ;  it  requires  them  to  keep  a  true  account  of  receipts  and 
expenditures,  and  to  have  books  open  for  inspection. 

Sect.  9  provides,  when  said  road  crosses  any  private  way  or  watercourse,  that  the 
Company  shall  restore  or  sufficiently  repair  the  same. 

Sect.  10  authorizes  the  Directors  to  construct  suitable  buildings ;  the  Company  may 
enter  upon  lands  adjoining  the  road,  to  procure  materials. 

Sect.  11  provides,  if  any  person  "\^ilfully  injure  said  railroad  or  appurtenances,  that 
he  shall  forfeit  to  the  Company  treble  the  damages  sustained,  and  shall  be  liable 
to  indictment. 

Sect.  12  authorizes  the  Dii-ectors  to  prescribe  the  time  and  mode  of  paying  assess- 
ments on  shares,  not  exceeding  $10  at  a  time,  and  to  enforce  their  payment. 

Sect.  13  requires  the  Clerk's  office  to  be  in  some  town  on  the  line  of  the  road. 

Sect.  14  reserves  to  the  State  the  right  to  purchase  the  road,  after  fifty  years  from 
its  completion,  by  pa^dng  its  cost,  and  such  fiirther  simi  as,  with  the  net  income, 
shall  equal  10  per  cent,  per  annum  interest  thereon. 

Sect.  15  requires  the  Company  to  cause  seasonable  notice  to  be  given  of  the  ap- 
proach of  an  engine  to  any  highway  or  private  way,  on  the  same  level  with  the 
road,  and  to  have  proper  signs  placed  on  a  highway  where  it  is  crossed  by  the 
railroad ;  being  liable  for  damages  caused  by  the  neglect  thereof. 

Sect.  16  requii-es  them  to  transport  the  U.  S.  Mail,  for  a  compensation,  if  not  agreed, 
to  be  determined  by  the  Supreme  Court. 

Sect.  17  makes  this  Act  subject  to  the  general  laws  respecting  railroads. 

Sect.  18  reqxiires  the  Company  to  pay  the  expenses  of  survey,  within  a  proper  time 
after  organization. 

Sect.  19  provides  that  the  business  of  all  Companies  brought  to  the  southern  term- 
inus of  this  road,  shall  be  done  by  this  Company ;  any  party  aggrieved  at  the 
prices  charged  may  apply  to  the  Supreme  Court. 

Sect.  20  authorizes  this  Company  to  connect  their  road  with  the  Vermont  Central 
Railroad,  at  Windsor,  upon  a  certain  proviso. 

Sect.  21  declares  this  Act  to  be  a  Public  Act. 

Sect.  22  provides  that  this  Act  shall  take  effect  immediately. 

jVo.  62  of  the  Private  Acts  of  18i9  contains  an  additional  Act. 

Sect.  1  provides,  if  the  Company  shall,  witliin  two  years  herefrom,  commence  said 

road  and  expend  $100,000  thereon,  and  within  three  years  herefrom  complete  it 

to  Bellows  Falls,  that  the  Act  shall  continue  in  force. 
Sect.  2  provides,   when    $50,000    shall    be    subscribed,   that    the    Commissioners 

shall  call  a  meeting  of  stockholders,  to  choose  seven  Dii-ectors,  after  notice  as 

prescribed. 
Sect.  3  makes  the  charter  subject  to  all  general  laws  respecting  railroads. 
Sect.  4  provides  that  this  Act  shall  take  effect  immediately. 


VERMONT.  881 

Laws  of  1848,  Xo.  4. 
An  Act  to  incorporate  th.e  Vermont  Valley  Railroad  Company. 

Sect,  1.  It  is  hereby  enacted,  <^'c.  That  such  persons  as  shall 
hereafter  become  stockholders  of  said  company,  are  constituted  a 
body  corporate,  by  the  name  of  the  Vermont  Valley  Railroad  Com- 
pany, for  the  purpose,  and  with  the  right  of  constructing  a  rail- 
road, with  a  single  or  double  track,  from  the  depot  of  the  Brattle- 
boro'  and  Fitchburg  Railroad,  at  Brattleboro',  thence  up  the 
valley  of  the  Connecticut  River,  to  a  point  at  Bellows  Falls  con- 
venient to  connect  with  the  Rutland  and  Burlington  Railroad,  and 
with  the  Sullivan  Railroad ;  and  in  case  the  Sullivan  Railroad 
Company  shall  decline  such  connection,  or  refuse  or  neglect  to 
carry  the  same  into  eflect,  then  the  said  company  may  extend 
their  road  to  the  town  of  Windsor,  so  as  to  form  a  connection  with 
the  Central  Railroad,  at  that  place,  and  shall  have  all  the  rights, 
powers,  and  privileges,  and  be  subject  to  all  the  liabilities  imposed 
by  this  Act,  on  said  company,  in  laying  out  and  constructing  said 
road  from  Brattleboro'  to  Bellows  Falls;  to  carry  persons  and 
property  upon  the  same,  by  the  power  of  steam  or  otherwise,  and 
by  that  name  may  sue  and  be  sued,  have  a  seal,  and  shall  have 
all  the  rights  incident  to  corporations. 

Sect.  2.  Larkiu  G.  Mead,  John  Kimball,  Ellery  Albee,  John 
May,  William  Henry,  Asa  Wentworth,  Jr.,  William  J.  Hall,  James 
H.  WiHiams,  and  Joseph  Goodhue,  shall  be  commissioners,  who 
shall,  within  six  months  from  the  passage  of  this  Act,  open  books 
for  receiving  subscriptions  to  the  capital  stock  of  said  corporation, 
at  some  convenient  places  in  Brattleboro',  Putney,  Bellows  Falls, 
and  Windsor,  and  at  such  other  places  as  they  shall  deem  proper ; 
giving  ten  days'  notice  thereof,  in  two  newspapers  printed  in  the 
county  of  Windham,  and  one  in  the  county  of  Windsor.  They  shall 
call  all  meetings  of  said  corporation  necessary  for  the  due  organ- 
ization of  the  same;  and  as  soon  as  the  capital  stock,  or  two  hun- 
dred thousand  dollars  of  the  same,  shall  have  been  subscribed, 
under  such  regulations  as  said  commissioners  may  adopt,  they 
shall  call  a  meeting  of  the  stockholders,  to  choose  seven  directors 
of  said  company,  giving  notice  thereof,  as  aforesaid.  Said  direc- 
tors shall  be  chosen  by  such  stockholders  as  shall  attend  in  person, 
or  by  proxy,  each  stockholder  having  as  many  votes  as  he  holds 

74* 


882  VERMONT   VALLEY   RAILROAD    COMPANY. 

shares;  and  said  commissioners  shall  be  inspectors  of  the  first 
election  of  directors,  certify  the  names  of  those  elected,  deliver  the 
books  of  subscription  to  such  directors,  and  determine  the  time  and 
place  of  holding  the  first  meeting  of  the  directors.  A  new  election 
of  directors  shall  be  made  annually,  at  such  time  and  place,  as 
the  board  of  directors  shall  appoint,  giving  ten  days'  notice  thereof 
in  some  newspaper  printed  in  the  county  of  Windham  or  Windsor. 
Said  directors  may  appoint  an  engineer  or  engineers,  and  cause 
such  examinations  and  surveys  of  the  line  of  said  road,  as  they  may 
deem  necessary  ;  and  after  such  examinations  and  surveys  are  made, 
they  shall,  by  certificates  under  their  hands  and  seals,  designate 
the  line  or  route  on  which  said  railroad  shall  be  made,  and  shall 
cause  the  same  to  be  recorded  in  the  several  town  clerks'  offices,  in 
the  towns  through  which  said  road  shall  pass.  Said  company  may 
make  any  alterations  in  the  route  of  said  road,  they  may  deem 
necessary  or  expedient,  always  causing  such  alterations  to  be 
recorded  in  the  town  clerks'  offices,  in  the  towns  where  such  alter- 
ations shall  be  made. 

Sect.  3.  As  soon  as  may  be,  after  their  election,  and  annually 
thereafter,  the  directors  shall  choose  from  their  own  number,  a 
president,  who  shall  preside  at  all  meetings  of  the  board  of  direc- 
tors; and  in  case  of  the  resignation  or  death  of  the  president,  or 
any  director,  the  vacancy  may  be  filled,  until  the  next  annual 
election,  by  the  board  of  directors;  and  m  the  absence  of  the  pre- 
sident, the  board  of  directors  may  appoint  one  of  their  number 
president,  pro  tempore.  Should  said  company  fail  to  elect  direc- 
tors on  any  day  required  by  their  by-laws,  such  election  may  be 
made  at  any  time  said  board  of  directors  may  appoint,  provided  it 
be  within  sixty  days  of  the  time  required  by  the  by-laws  of  said 
corporation.  Four  directors  shall  form  a  board  competent  to 
transact  all  the  business  of  the  company.  They  may  make  such 
by-laws,  rules,  and  regulations,  as  they  may  deem  needful  and 
proper,  for  the  management  and  disposition  of  the  stock,  property, 
and  effects  of  said  company,  the  transfer  of  shares,  the  duties  and 
conduct  of  their  officers,  the  election  of  directors,  and  all  other 
matters  pertaining  to  the  affairs  of  said  company.  They  may 
appoint  a  clerk  and  treasurer,  who  shall  give  bonds  for  the  faith- 
ful discharge  of  their  duties  ;  as  many  servants  as  they  think  best, 
and  fix  the  salary  of  every  officer  and  servant  of  said  company. 

Sect.  4.  The  capital  stock  of  said  company  shall  be  five  hun- 
dred thousand  dollars,  which  may  be  increased  to  such  an  amount 


VERMONT.  883 

as  may  be  required  to  complete  said  road,  and  furnish  all  neces- 
sary buildings,  road  furniture,  and  other  appurtenances,  needful  or 
convenient  for  the  use  of  said  road,  and  said  capital  stock  shall  be 
divided  into  shares  of  one  hundred  dollars  each. 

Sect.  5.  If  said  corporation  shall  not,  within  eighteen  months 
from  the  passage  of  this  Act,  commence  the  construction  of  said 
road,  and  expend  at  least  one  hundred  thousand  dollars  thereon, 
and  shall  not,  within  two  years  and  a  half  from  the  passage  of 
this  Act,  complete  the  construction  of  said  road,  from  the  southern 
terminus  thereof,  to  the  village  of  Bellows  Fall,  and  within  four 
years  from  the  passage  of  this  Act,  shall  not  complete  the  said 
road,  throughout  the  entire  line  thereof,  then  the  rights  and  powers 
granted  by  this  Act  shall  cease,  for  such  portion  of  said  route  as 
shall  not  be  then  completed. 

Sect.  6.  Said  company  may,  by  their  engineers  or  agents,  enter 
upon  the  route,  so  to  be  designated  as  aforesaid,  as  the  line  or  route 
upon  which  to  make  said  road,  and  take  possession  of,  and  use  all 
such  land  and  real  estate,  as  may  be  necessary  for  the  construc- 
tion and  convenient  maintenance  of  said  road,  and  the  accommo- 
dation requisite  for  the  same ;  and  may  hold  such  land  by  pur- 
chase or  donation.  If  said  company  shall  enter  upon  and  use  any 
land  or  real  estate,  not  so  purchased  or  given,  the  judges  of  the 
county  court  of  the  county  in  which  such  land  or  real  estate  lies, 
shall,  before  the  making  of  any  portion  of  said  road  thereon, 
appoint  three  disinterested  commissioners,  to  determine  the  damages 
which  the  owner  of  such  land  or  real  estate  may  have  sustained, 
or  may  thereafter  sustain,  by  reason  of  such  occupancy  ;  and  said 
commissioners  shall  hear  such  claim  for  damages,  giving  the  par- 
ties due  notice  of  the  time  and  place  of  hearing,  and  shall  deliver 
to  said  company  a  written  statement  of  their  award  in  the  pre- 
mises, with  a  description  of  the  land  by  them  appraised,  which 
shall  be  recorded,  within  sixty  days,  in  the  office  of  the  town  clerk 
of  the  town  in  which  such  land  or  real  estate  lies ;  and  upon  the 
payment  of  such  damages,  with  the  costs  of  such  appraisal,  the 
commissioners  being  allowed  three  dollars  per  day  each,  by  said 
company,  or  on  depositing,  in  any  bank  in  either  county  through 
which  said  road  passes,  the  amount  of  such  damages,  to  the  credit 
of  the  person  or  corporation,  to  whom  the  commissioners  shall  have 
awarded  the  same,  and  giving  such  person  or  corporation  notice 
thereof,  said  company  shall  be  deemed  to  be  seised  and  possessed 
of  such  land  or  real  estate  so  appraised.     In  case  the  owner  of  any 


884  VERMONT  VALLEY  RAILROAD   COMPANY. 

land  or  real  estate  taken  by  said  company,  shall  be  a  married 
woman,  an  infant,  idiot,  or  insane,  or  shall  reside  ont  of  this  State, 
said  company  shall  cause  such  damages  to  be  determined  in  the 
manner  above  described,  and  shall  pay  such  damages  to  such  last 
mentioned  owners,  whenever  the  same  shall  be  lawfully  demanded, 
with  the  interest  thereon,  which  amount,  and  interest,  shall  be  a 
specific  lien  on  the  real  estate  of  said  company,  and  shall  be  pre- 
ferred to  any  other  demand  against  said  company. 

Sect.  7.  Should  said  company,  or  the  owner  of  any  land  or  real 
estate,  feel  aggrieved  by  the  decision  of  said  commissioners,  either 
party  may,  within  ninety  days  from  the  making  of  said  decision, 
and  notice  thereof,  or  from  the  removal  of  the  disabilities  men- 
tioned in  section  six,  or  from  the  return  of  such  non-resident  to  this 
State,  appeal  to  the  county  court,  in  the  county  where  such  land 
or  real  estate  lies  ;  and  the  decision  of  said  court  shall  be  final 
thereon  ;  and  said  court  shall  tax  costs  against  either  party,  as 
shall  be  just  and  equitable. 

Sect.  8.  The  board  of  directors  may,  from  time  to  time,  fix,  regu- 
late and  receive  tolls  and  charges,  for  the  transportation  of  pas- 
sengers and  property  upon  said  road;  Provided,  that  upon  the 
application  of  ten  freeholders  in  any  town  or  towns  through  which 
said  road  may  pass,  the  supreme  court,  at  any  stated  session  there- 
of, in  either  county  through  which  said  road  may  pass,  may  alter 
or  establish  the  rates  of  toll  upon  said  road,  for  any  term  of  time, 
not  exceeding  ten  years  at  any  one  time,  and  in  such  a  manner  that 
said  company  shall  not  receive  less  than  twelve  per  centum  annu- 
ally, on  the  amount  of  the  cost  of  said  road,  with  the  buildings, 
furniture,  and  other  appurtenances  of  the  same,  together  with  all 
charges  and  expenses  of  said  company.  Said  company  shall  keep 
a  true  account  of  all  expenditures  in  constructing  and  furnishing 
said  road,  and  keeping  the  same  in  repair ;  and  also,  for  all  money 
received  for  tolls,  and  from  other  sources  of  profit.  The  books  of 
said  company  shall  at  all  times  be  open  to  the  inspection  of  any 
committee  of  the  legislature,  or  of  the  supreme  court ;  and  any 
such  committee  may  examine  any  officer  of  said  company,  under 
oath,  in  relation  to  the  receipts  and  expenditures  of  said  company. 

Sect.  9.  When,  in  the  construction  of  said  road,  it  shall  be 
necessary  to  run  upon,  or  across  any  stream  of  water,  watercourse 
or  way,  intersecting  said  railroad  route  or  line,  said  company  may 
construct  said  road  across  or  upon  the  same  :  Provided,  said  com- 
pany shall  restore   the  stream,    watercourse,  road,  or  way,  thus 


vermojstt.  885 

intersected,  as  near  as  practicable,  to  its  former  state  of  usefulness, 
to  the  acceptance  of  the  selectmen  of  the  town  where  the  same  is 
situated,  or  in  case  of  their  refusal,  to  the  acceptance  of  the  com- 
missioners, to  be  appointed  under  section  six  of  this  Act:  Provided, 
nothing  in  this  Act  shall  be  so  construed,  as  to  prevent  the  crossing 
of  said  railroad,  with  teams  or  otherwise,  in  such  manner  as  not  to 
injure  the  same;  and  sucli  company  shall  build  and  keep  a  suffi- 
cient fence  on  each  side  of  said  road,  through  its  whole  length. 

Sect.  10.  The  board  of  directors  may  erect  and  maintain  such 
buildings  as  they  may  deem  suitable,  for  the  use  and  convenience 
of  said  railroad  ;  and  said  company  may  enter  upon  any  lands  in 
the  vicinity  of  said  road,  for  the  purpose  of  procuring  earth,  sand, 
gravel,  or  stone,  for  building  or  repairing  said  railroad,  subject 
always,  to  the  provisions  and  liabilities  mentioned  in  section  six 
of  this  Act,  for  ascertaining  the  damages  which  the  owner  of  lands 
so  entered  upon,  shall  have  sustained,  or  may  sustain,  by  reason 
of  such  entry. 

Sect.  11.  If  any  person  shall  wilfully  do,  or  cause  to  be  done, 
any  act,  whereby  any  building,  engine,  machine  work,  or  any  thing 
appertaining  to  said  road,  or  any  implement  or  material  to  be  em- 
ployed in  the  construction  of  said  road,  or  for  the  use  of  the  same, 
shall  be  injured,  obstructed,  stopped  or  destroyed,  such  person,  and 
every  person  aiding  or  abetting  therein,  shall,  for  every  such 
offence,  forfeit  and  pay  to  said  company,  treble  the  amount  of  dam- 
ages found  by  any  court  or  jury  before  whom  trial  shall  be  had, 
and  shall  also  be  liable  to  indictment  by  the  grand  jury  of  the 
county  in  which  such  offence  shall  have  been  committed,  and  be 
punished  as  for  a  misdemeanor. 

Sect.  12.  The  board  of  directors  may  require  the  payment  of 
the  sums  subscribed  to  the  capital  stock  of  said  company,  in  such 
proportions,  and  at  such  times,  as  they  may  deem  best,  not  exceed- 
ing ten  dollars  at  any  one  time,  and  one  hundred  dollars  upon  any 
one  share,  giving  notice  of  the  time  and  place  of  such  payment, 
twenty  days  previous  thereto,  in  some  newspaper  printed  in  the 
town  through  which  said  road  shall  pass,  and  by  letter,  through 
the  post  office,  to  each  stockholder.  Said  company  may  enforce 
payments  upon  any  delinquent  subscriber,  or  his  assignee,  after 
assignments  are  authorized  by  said  company,  by  an  action  at  law, 
for  the  recovery  of  such  sums  required  to  be  paid,  as  aforesaid,  or 
all  previous  payments  upon  such  subscriptions  sliall  be  forfeited, 
as  the  directors  of  said  company  may  deem  advisable. 


886  VERMONT   VALLEY  RAILROAD   COMPANY. 

Sect.  13.  The  office  of  the  clerk  of  said  company  shall  be  kept 
in  some  town  on  the  line  of  said  road. 

Sect.  14.  At  any  time  after  the  expiration  of  fifty  years  from 
the  completion  of  said  railroad,  the  State  may  purchase  the  same 
of  said  company/-,  with  all  their  franchises,  property,  rights,  and 
privileges,  by  paying  therefor  the  cost  thereof,  and  such  sum  as, 
after  adding  the  expenses  and  deducting  the  gross  earnings,  will 
amount  to  ten  per  centum  per  annum  thereon. 

Sect.  15.  Said  company  shall  cause  seasonable  and  proper 
notice  to  be  given  of  the  approach  of  any  locomotive  engine  upon 
their  road  to  the  place  where  said  road  may  cross  any  highway 
or  private  way,  upon  the  same  level  of  said  road,  and  shall  cause 
suitable  signs  to  be  placed  across  each  highway,  where  the  same 
is  crossed  by  said  railroad,  on  the  same  level.  And  said  company 
shall  be  liable  for  any  damages  sustained  by  any  person,  by  rea- 
son of  their  neglect  of  the  provisions  of  this  section,  to  be  recovered 
in  an  action  on  the  case,  by  the  person  sustaining  such  damage. 

Sect.  16.  Said  company  shall  be  required  to  transport  the  United 
States'  mail  upon  said  road,  by  their  regular  trips  ;  and  in  case  of 
any  disagreement  between  said  company  and  the  General  Govern- 
ment, relating  to  the  compensation  for  the  same,  the  supreme  court 
shall,  on  application  of  either  party,  define  and  establish  the  rates 
of  compensation,  which  rates  shall  be  binding  upon  the  parties, 
until  altered  b}^  said  court,  upon  similar  application. 

Sect.  17.  Said  company  shall  be  subject  to  the  provisions  of  any 
general  laws  now  in  force  in  this  State,  relating  to  railroads,  or  that 
may  hereafter  be  enacted,  applicable  to  all  railroad  corporations, 
unless  the  same  shall  be  inconsistent  with  the  provisions  of  this 
Act. 

Sect.  18.  Said  company  shall  pay  the  expenses  of  the  survey 
of  said  road  now  making,  within  a  reasonable  time,  after  the 
organization  of  the  same. 

Sect.  19.  The  business  of  the  Sullivan,  and  of  the  Rutland  and 
Burlington  Railroad  Companies,  and  of  all  railroad  companies 
whose  freight  or  passengers  they  or  either  of  them  shall  bring  to 
the  northern  terminus  of  this  railroad,  as  well  as  the  business  of 
the  Brattleboro'  and  Fitchburg  Railroad  Company,  and  of  the 
Vermont  and  Massachusetts  Railroad  Company,  and  the  Connec- 
ticut River  Railroad,  in  Massachusetts,  and  of  all  other  companies, 
whose  business  shall  be  brought  by  said  companies  to  the  southern 
terminus  of  this  railroad,  shall  all  be  entitled  to  have  their  business 


VERMONT.  887 

done  by  this  company,  for  the  same  price,  and  in  a  manner  equally 
convenient  to  all  said  companies.  And  if  the  rules  and  regulations 
of  this  company  shall,  in  any  respect  as  to  time  of  running,  or 
comparative  tariff  of  freight,  on  different  articles,  or  in  any  other 
respect,  be  deemed  oppressive  by  either  of  said  companies,  the  party 
aggrieved  may  apply  to  the  supreme  court,  at  any  stated  session 
thereof,  in  the  county  of  Windham,  giving  twenty  days'  notice 
thereof,  to  this  company,  in  writing,  and  to  the  other  companies, 
by  publication  in  some  newspaper,  in  the  county  of  Windham ; 
and  if  said  court  shall  find  such  inequality  or  injustice  to  exist, 
said  court  shall  so  alter  the  comparative  tariff  of  freight,  and  rules 
and  regulations  in  regard  to  time,  and  manner  of  running,  as  to 
do  justice  in  the  premises  ;  which  alterations  shall  be  followed  and 
complied  with  by  this  company,  until  again  altered,  on  similar 
application. 

Sect.  20.  If  the  Sullivan  Railroad  Company  shall  decline  the 
connection  with  this  railroad,  at  Bellows  Falls,  or  neglect  or  refuse 
to  carry  the  same  into  effect,  as  mentioned  in  the  first  section  of 
this  Act,  and  if  this  company  shall  extend  their  road  to  Windsor, 
as  before  provided  in  this  Act,  then  this  company  shall  connect 
their  road  with  the  Vermont  Central  Railroad,  at  Windsor,  on  the 
same  terms  of  equality  mentioned  in  the  nineteenth  section  of  this 
Act,  And  the  said  Central  Railroad  Company,  and  all  other 
companies  whose  business  it  shall  bring,  shall  be  entitled  to  the 
same  proceedings  in  the  supreme  court,  and  the  same  remedies, 
for  any  inequality  or  injustice,  which  are  given  by  said  nineteenth 
section,  to  the  Rutland  and  Burlington,  and  the  Sullivan  Railroad 
Companies. 

Sect.  21.  This  Act  shall  be  deemed  and  taken  to  be  a  public 
Act,  and  construed  favorably  and  beneficially  for  all  the  purposes 
for  which  it  is  intended. 

Sect.  22.  This  Act  shall  take  effect  from  its  passage.  Approved] 
November  8,  1848. 

Laws  op  1849,  No.  62. 

An  Act  to  amend  "An  Act  to  incorporate  the  Vermont  Valley  Railroad  Company," 

approved  November  8,  1848. 

Sect.  1.  It  is  hereby  enacted,  ^'c.  That  if  the  said  corporation 
shall,  within  two  years  from  the  passage  of  this  Act,  commence 


888  ATLANTIC   AND    ST.    LAWRENCE   RAILROAD    COMPANY. 

the  construction  of  said  road,  and  expend  at  least  one  hundred 
thousand  dollars  thereon,  and  shall,  within  three  years  from  the 
passage  of  this  Act,  complete  the  construction  of  said  road  from 
the  southern  terminus  thereof  to  the  village  of  Bellows  Falls,  the 
forfeiture  of  said  charter,  contemplated  in  the  fifth  section  of  said 
Act,  shall  not  take  place,  but  the  said  Act  shall  continue  in  force 
in  all  its  parts. 

Sect.  2.  As  soon  as  fifty  thousand  dollars  of  the  capital  stock 
of  said  corporation  shall  be  subscribed,  the  said  commissioners 
shall  call  a  meeting  of  the  stockholders,  to  choose  seven  directors 
of  said  company,  for  the  due  organization  of  the  same,  giving  ten 
days'  notice  thereof  in  two  or  more  of  the  newspapers  published 
in  said  counties  of  Windham  and  Windsor. 

Sect.  3.  Said  Act  is  so  amended,  that  said  corporation  shall,  at 
all  times,  be  subject  to  all  general  laws  of  this  State,  relating  to 
railroads  and  railroad  corporations,  whether  passed  at  the  present 
or  any  future  legislature  of  this  State. 

Sect.  4.  This  Act  shall  take  effect  from  its  passage.  Aj)j)roved, 
October  26th,  1849. 


ATLANTIC   AND   ST.  LAWRENCE   RAILROAD    COMPANY. 


MADE    A    CORPORATION    WITHIN    THIS    STATE. 

No.  5  of  the  Private  Acts  of  1848  contains  the  Act. 

Sect.  1  provides  that  said  Company,  incorporated  in  Maine  and  New  Hampshire, 
shall  be  a  Corporation  within  this  State,  Avith  all  the  rights  and  liabilities  of  rail- 
road Corporations. 

Sect.  2  authorizes  the  Company  to  extend  their  road  to  the  boundary  of  Canada,  to 
connect  with  the  St.  Lawrence  and  Atlantic  Railroad  at  Montreal. 

Sect.  3  provides  that  the  Directors  may  cause  surveys  to  be  made,  and  may  desig- 
nate the  route  of  the  road. 

Sect.  4  empowers  the  Company's  agents  to  enter  upon  and  use  lands  necessary  for 
the  road,  first  paying  damages  to  be  assessed  as  therein  provided. 

Sect.  5  gives  to  cither  party  the  right  of  appeal  from  such  assessment  to  the  County 
Court,  whose  decision  shall  be  final. 

Sect.  6  provides,  if  said  railroad  crosses  or  intersects  any  private  way  or  highway, 
that  the  Company  shall  construct  it  so  as  not  to  injure  the  same,  and  shall  main- 
tain a  proper  fence  on  each  side  of  the  railroad. 

Sect.  7  reserves  to  the  State  the  right,  to  authorize  any  other  Company,  incorporated 
here,  to  connect  their  road  with  the  Atlantic  and  St.  Lawrence  Railroad,  and  to 


VERMONT.  SS9 

have  their  passengers  and  freight  transported  thereon,  and  to  transport  the  same 

for  said  Company. 
Sect.  8  provides,  if  within  ten  years  the  Company  do  not  complete  said  road,  and 

■within  two  years  surrey  the  same,  that  this  Act  shall  be  void  as  to  the  parts  not 

completed. 
Sect.  9  requires  the  Company  to  appoint  and  have  an  agent  in  Essex  County,  upon 

whom  process  against  the  Company  may  be  served ;  in  neglect  thereof  for  six. 

months  being  liable  to  a  fine  of  |;50. 
Sect.  10  declares  this  a  Public  Act,  to  take  effect  from  its  passage. 
Sect.  11  provides,  if,  within  five  years  from  the  time  of  filing  the  location  of  the 

road,  the  Company  shall  not  expend  on  its  construction  in  this  State  the  siim  of 

$50,000,  or  sufficient  to  complete  it,  that  this  Act  shall  be  void. 


Laws  of  1848,  No.  5. 

An  Act  constituting  the  Atlantic  and  St.  Lawrence  Railroad  Company  a  corporation 

within  this  State. 

Sect.  1.  It  is  hereby  enacted^  ^'c.  That  the  Atlantic  and  St. 
Lawrence  Raih'oad  Company,  a  corporation  estabhshed  by  the 
legislature  of  the  State  of  Maine,  by  an  Act  passed  the  tenth  day 
of  February,  eighteen  hundred  and  forty-five,  and  by  the  legisla- 
ture of  New  Hampshire,  by  an  Act  passed  on  the  thirtieth  day  of 
June,  eighteen  hundred  and  forty-seven,  is  hereby  made  and  consti- 
tuted a  corporation  within  this  State,  under  the  authority  thereof, 
and  subject  to  all  the  liabilities,  duties,  and  obligations  which  now 
are,  or  may  hereafter  be,  imposed  upon  railroad  corporations  by 
the  general  laws  of  this  State. 

Sect.  2.  The  said  company  are  hereby  authorized  to  continue 
and  extend  their  railroad,  according  to  the  provisions  of  their  char- 
ter, and  subject  to  the  conditions  and  limitations  of  this  Act,  from 
the  western  line  of  New  Hampshire,  in  the  county  of  Coos,  through 
the  north-eastern  part  of  this  State,  to  the  boundary  of  Canada, 
there  to  connect  with  the  St.  Lawrence  and  Atlantic  Railroad,  to 
be  constructed  from  Montreal  to  said  boundary  line. 

Sect.  3.  The  directors  of  said  company  may  cause  such  exam- 
inations and  surveys  to  be  made  for  said  road  as  they  may  deem 
necessary,  and  shall,  by  certificates,  under  the  seal  of  the  company, 
designate  the  line,  or  route,  on  which  said  railroad  shall  be  so 
extended ;  and  they  shall  cause  the  same  to  be  recorded  in  the 
several  town  clerks'  offices,  in  the  towns  through  which  said  road 
shall  pass ;  and  said  company  may  make  any  alterations  in  the 

75 


890  ATLANTIC   AND   ST.    LAWRENCE   RAILROAD   COMPANY. 

route  of  said  road,  from  time  to  time,  always  causing  the  same  to 
be  recorded  in  the  office  of  the  town  clerk,  where  any  such  altera- 
tion shall  be  made  ;  and  all  expenses  relating  thereto  shall  be  paid 
by  said  company. 

Sect.  4.  The  said  company  may,  by  their  engineers  and  agents, 
enter  upon  the  route,  so  designated  as  the  line,  or  route,  of  said 
road,  and  take  possession  of  and  use  all  such  land  and  real  estate, 
as  may  be  necessary  for  the  construction  and  maintenance  of  said 
road  and  the  accommodation  requisite  to  the  same,  and  may  take 
and  hold  all  grants  and  donations  of  land,  that  may  be  made  to 
the  company  for  the  construction,  maintenance,  and  accommoda- 
tion of  said  road :  Provided^  that  all  lands  and  real  estate  thus 
entered  upon  and  used  by  said  company,  and  not  granted  as  above 
mentioned,  shall  be  purchased  by  the  company  of  the  owner 
thereof;  and,  in  case  of  disagreement  as  to  the  price,  the  county 
court  for  the  county  in  which  any  such  land,  or  real  estate,  shall  be 
situated,  shall,  upon  application,  of  either  party,  appoint  three  dis- 
interested commissioners,  to  determine  the  damages  which  the 
owner  of  such  land  may  have  sustained,  or  shall  be  likely  to  sus- 
tain, by  the  occupation  thereof;  and  upon  the  payment  of  the 
damages  determined  upon  by  said  commissioners,  with  the  costs 
and  charges  thereon  accruing,  by  said  company,  or  upon  the  com- 
pany's depositing,  in  such  bank  as  the  commissioners  shall  direct, 
the  amount  of  such  damages,  with  the  costs  and  charges  aforesaid, 
to  the  credit  of  the  owner,  to  whom  such  damages  and  costs  have 
been  awarded,  and  giving  such  owner  notice  thereof,  in  manner  to 
be  directed  by  the  commissioners,  the  company  shall  be  deemed  to 
be  seised  and  possessed  of  such  land  or  real  estate,  so  appraised  by 
said  commissioners.  The  commissioners  shall  give  ten  days' 
notice  to  the  parties  of  the  time  and  place  at  which  they  will 
attend  to  such  appraisal ;  and,  after  the  same  is  made,  they  shall 
deliver  to  the  company  a  written  statement  of  the  same ;  and,  in 
case  the  owner  of  lands,  or  other  real  estate,  taken  by  said  com- 
pany, shall  be  a  married  woman,  an  infant,  idiot,  or  insane,  or 
shall  not  reside  in  this  State,  then  said  company  shall  cause  the 
damages  sustained  by  such  owners  to  be  determined  in  the  manner 
above  prescribed,  and  shall  pay  the  same,  when  lawfully  demand- 
ed, with  the  interest  thereon;  which  said  damages  and  interest 
shall  be  a  specific  lien  upon  the  real  estate  of  the  company,  and  shall 
be  preferred  before  any  other  demand  against  said  company;  but 
HO  application  shall  be  made  for  commissioners  to  determine  dam- 


VERMONT.  891 

ages,  which  may  be  sustained  in  any  case,  unless  made  within 
three  years  from  the  time  of  keeping  said  land. 

Sect.  5.  Should  the  company,  or  the  owner  of  any  land  or  real 
estate,  be  aggrieved  by  the  decision  of  the  commissioners,  either 
party  may,  within  ninety  days  after  the  making  of  such  decision, 
or  from  the  removal  of  the  disabilities  mentioned  in  the  preceding 
section,  or  from  the  return  of  such  non-resident,  appeal  to  the 
county  court  in  the  county  where  such  land  or  other  real  estate 
lies;  and  the  decision  of  such  court  shall  be  final ;  and  said  court 
shall  tax  costs  for  either  party  as  shall  be  just  and  equitable. 

Sect.  6.  If  said  railroad  shall  cross  any  private  way,  the  com- 
pany shall  so  construct  the  same  as  not  to  obstruct  the  safe  and 
convenient  use  of  said  private  way ;  and  if  said  road  shall  not  be 
so  constructed,  the  party  aggrieved  may  have  an  action  on  the 
case,  in  a  court  proper  to  try  the  same,  and  recover  reasonable 
damages  for  such  injury ;  and  if  said  road  shall  cross  any  high- 
way, the  same  shall  be  so  constructed  as  not  to  impede  or  obstruct 
the  safe  and  convenient  use  of  such  highway ;  and  the  company 
may  raise,  or  make  lower,  any  such  highway,  so  that  said  road 
may  pass  over  or  under  the  same ;  and  shall  build  and  maintain 
a  legal  and  sufficient  fence  on  each  side  of  their  road,  where  the 
same  passes  through  enclosed  or  improved  lands. 

Sect.  7.  The  General  Assembly  of  this  State  shall,  at  all  times, 
have  the  right  to  authorize  any  other  railroad  company,  incorpo- 
rated under  the  laws  of  this  State,  so  to  connect  their  railroad  with 
the  Atlantic  and  St.  Lawrence  Railroad,  that  the  said  Atlantic  and 
St.  Lawrence  Railroad  Company  may  receive,  and  shall  be  obliged 
to  receive,  convey,  and  transport  the  freight  and  passengers  of  such 
connecting  road,  on  terms  and  conditions,  and  at  rates  of  toll  and 
passage,  as  favorable  as  those  on  which  said  company  convey  and 
transport  their  own,  without  any  additional  toll,  or  charge,  what- 
ever ;  and  the  company  owning  such  connecting  road  shall  be 
required,  in  like  manner,  to  furnish  a  reciprocal  accommodation  for 
the  passengers  and  freight  of  said  Atlantic  and  St.  Lawrence 
Railroad. 

Sect.  8.  If  the  said  company  shall  not,  within  ten  years  from 
the  passage  of  this  Act,  construct  and  finish,  for  actual  operation, 
the  road  herein  authorized  to  be  extended  through  this  State,  and 
if  the  said  company  shall  not,  within  two  years  from  the  passage 
of  this  Act,  complete  the  survey  of  the  line  for  the  extension  of 
their  road,  and  cause  the  said  line  to  be  designated  and  recorded, 


892  MONTPELIER  AND   CONNECTICUT   RIVER  RAILROAD   COMPANY. 

as  provided  in  this  Act,  then  the  rights  and  powers  granted  by  this 
Act  shall  cease,  for  such  parts  of  said  road  as  shall  not  be  completed 
within  that  period. 

Sect.  9.  The  said  company  shall  appoint  and  have  an  agent,  or 
attorney,  residing  in  the  county  of  Essex  in  this  State,  and  a  cer- 
tificate of  such  appointment,  duly  authenticated  under  the  seal  of 
said  company,  shall  be  filed  and  recorded  in  the  office  of  the  clerk 
of  the  county  court  in  said  county ;  and  if  said  company  shall 
refuse,  or  neglect,  for  the  term  of  six  months,  to  appoint  and  have 
an  agent,  or  attorney,  residing  in  said  county,  such  company  shall, 
for  such  refusal,  or  neglect,  forfeit  and  pay  the  sum  of  fifty  dollars, 
for  every  such  ofience,  to  the  person  injured,  to  be  recovered  in  an 
action  on  the  case ;  and  all  writs  against  said  company  may  be 
served  by  leaving  a  copy  with  the  said  agent  or   attorney  thereof. 

Sect.  10.  This  Act  shall  be  taken  and  deemed  to  be  a  public 
Act,  and  shall  take  effect  from  its  passage. 

Sect.  11.  If  said  corporation  shall  not,  within  five  years  from 
the  time  of  filing  their  location  of  said  road,  appropriate  and  lay 
out,  towards  the  construction  of  that  part  of  said  road  located 
within  the  limits  of  this  State,  the  sum  of  fifty  thousand  dollars, 
or  sufficient  to  complete  the  construction  of  the  same,  they  shall 
take  no  benefit  or  advantage  of  this  Act.  Approved,  October  27, 
1848. 


MONTPELIER  AND   CONNECTICUT  RIVER  RAILROAD   CO^IPANY. 

INCORPORATED    IN   VERMONT    IN    1849. 

No.  56  of  the  Private  Acts  of  1849  contains  the  Charter. 

Sect.  1  grants  corporate  powers,  -with  the  right  to  construct  a  railroad  from  Mont- 
pelier,  on  the  route  described,  to  connect  with  the  Connecticut  and  Passumpsic 
Rivers  Railroad. 

Sect.  2  provides,  if  within  three  years  they  do  not  commence  building  said  road, 
and  within  five  years  complete  it,  that  this  Act  shall  be  void. 

Sect.  3  fixes  the  capital  stock  at  $500,000,  Avith  power  to  increase  it,  to  be  divided 
into  shares  of  $100  each. 

Sect.  4  appoints  Commissioners,  who  shall,  within  two  years,  open  books  for  receiv- 
ing subscriptions  to  the  stock;  when  1000  shares  are  subscribed,  they  shall  call  a 
meeting  of  stockholders  for  choice  of  Directors,  shall  preside  at  their  election,  and 
declare  who  arc  chosen ;  the  Directors  shall  choose  a  President  and  Vice-Presi- 


VERMONT.  893 

dent,  and  shall  be  elected  annually  ;  they  may  cause  surveys  to  be  made,  and  shall 

designate  the  location  of  the  route. 
Sect.  5  authorizes  the  Vice-President  to  preside  at  all  meetings,  in  the  absence  of 

the  President. 
Sect.  G  provides,  if  the  election  be  not  held  on  the  day  appointed,  that  it  may  be 

held  subsequently. 
Sect.  7  defines  the  powers  and  duties  of  the  Directors ;  it  empowers  the  Company, 

by  their  agents,  to  enter  upon  lands  necessary  for  the  road,  by  paying  damages  to 

be  assessed  as  therein  provided. 
Sect.  8  gives  to  cither  party,  the  right  of  appeal  from  such  assessment  to  the  County 

Court,  whose  decision  shall  be  final. 
Sect.  9  authorizes  said  Company  to  build  a  single  or  double  railroad. 
Sect.  10  grants  to  the  Corporation  a  toll  for  transportation  on  said  road,  the  rates 

being  subject  to  revision  by  the  Supreme  Covirt. 
Sect.  1 1  authorizes  the  Dii-ectors  to  erect  toll-houses  and  demand  tolls,  and  requires 

them  to  keep  true  accomits  of  receipts  and  expenditures. 
Sect.  12  requires  the  Company  to  exhibit  publicly  the  rates  of  toll. 
Sect.  13  provides,  if  any  person  wilfully  place  obstructions  on  said  road,  or  injure 

it,  that  he  shall  forfeit  to  the  Company  damages  occasioned  thereby,  and  shall  be 

liable  to  indictment. 
Sect.  14  requires  said  road  to  be  so  constructed,  where  it  crosses  or  intersects  any 

private  way,  highway,  or  watercourse,  as  not  to  obstruct  or  injure  the  same  ;  being 

liable  for  damages  occasioned  thereby. 
Sect.  15  reserves  to  the  Legislature  the  right,  after  fifty  years  from  the  opening  of 

the  road,  to  purchase  it  and  the  property  of  the  Company,  by  paying  its  cost,  and 

such  sum  as,  with  the  net  income,  shall  equal  10  per  cent,  interest  per  annum  on 

the  cost. 
Sect.  16  authorizes  the  Directors  to  prescribe  the  time  and  mode  of  paying  assess- 
ments on  shares,  and  to  enforce  their  payment. 
Sect.  17  provides  that  the  commissioners  may  direct  what  sum  shall  be  paid  on  each 

share,  at  the  time  of  subscribing. 
Sect.  18  requires  the  Clerk's  office  to  be  kept  in  this  State,  in  some  town  tlirough 

which  the  railroad  may  pass. 
Sect.  19  declares  the  shares  liable  to  attachment,  and  to  be  taken  on  execution. 
Sect.  20  declares  tliis  to  be  a  public  Act,  to  be  construed  favorably. 
Sect.  21  requii-es  the  Company  to  cause  proper  notice  to  be  given  of  the  approach  of 

the  engine,  where  it  crosses  any  road  upon  a  level  with  the  railroad,  and  to  cause 

suitable  signs  to  be  placed  across  such  road. 
Sect.  22  authorizes  the  Commissioners  to  make  surveys,  the  expenses  to  be  paid  by 

the  Corporation,  when  organized. 
Sect.  23  makes  this  Act  subject  to  any  general  law,  now  or  hereafter  enacted. 
Sect.  24  authorizes  this  Company  to  contract  with  any  other  raih'oad  Company  in 

this  State  or  New  Hampshire,  now  or  hereafter  incorporated,  whose  road  may 

enter  on  this,  to  transport  persons  or  goods  over  said  roads,  or  to  lease  or  sell  tlois 

road  to  such  Company,  subject  to  the  terms  of  this  Act. 
Sect.  2-5  requires  this  Company  to  transport  the  TJ.  S.  Mail,  upon  terms,  if  not 

agreed,  to  be  established  by  the  Supreme  Court. 
75* 


894  MONTPELIER   AND   CONNECTICUT   RIVER   RAILROAD    COMPANY. 

LA.-WS  OF  1849,  No.  56. 
An  Act  to  incorporate  the  Montpelier  and  Connecticut  River  Railroad  Company. 

Sect.  1.  It  is  hereby  enacted,  cj^c.  That  such  persons  as  shall 
hereafter  become  stockholders,  are  constituted  a  body  corporate,  by 
the  name  of  the  Montpelier  and  Connecticut  River  Railroad  Com- 
pany, for  the  purpose  and  with  the  right  of  building  a  railroad, 
with  a  single  or  double  track,  from  some  point  in  Montpelier, 
through  Plailifield,  to  some  point  on  Connecticut  River,  near  Wells 
River,  to  connect  with  the  Connecticut  and  Passumpsic  Rivers  Rail- 
road ;  to  transport  and  carry  persons  and  property  on  the  same,  by 
the  power  of  steam,  or  otherwise  :  and  by  that  name  may  sue  and 
be  sued;  may  have  a  seal,  and  shall  have  all  the  rights  incident 
to  corporations. 

Sect.  2.  If  the  said  corporation  shall  not,  within  three  years  from 
the  passage  of  this  Act,  commence  the  construction  of  said  road, 
and  shall  not,  within  five  years  complete  and  put  in  operation 
said  road,  then  said  company  shall  be  dissolved,  and  this  Act 
become  void. 

Sect.  3.  The  capital  stock  of  said  company  shall  be  five  hun- 
dred thousand  dollars,  which  may  be  increased  to  an  amount  suffi- 
cient to  complete  said  road,  and  furnish  all  necessary  apparatus 
for  conveyance,  Avhich  shall  be  divided  into  shares  of  one  hundred 
dollars  each,  and  shall  be  deemed  personal  property,  and  be  trans- 
ferable in  such  manner  as  said  corporation  shall,  by  their  by-laws, 
direct. 

Sect.  4.  R.  R.  Keith,  J.  A.  Wing,  Isaac  N.  Hall,  Joseph  Potts, 
Daniel  Baldwin,  O.  H.  Smith,  Cyrus  J.  S.  Scott,  and  Jacob  Kent, 
Jr.,  shall  be  commissioners,  who  shall,  within  two  years,  open 
books  for  receiving  subscriptions  to  the  capital  stock  of  said  com- 
pany, at  some  convenient  place  in  Montpelier  and  Newbury,  and 
such  other  places  as  said  commissioners  shall  direct ;  and  thirty 
days'  notice  shall  be  given  by  said  commissioners  of  the  time  and 
place  of  opening  said  books,  by  publishing  the  same  in  some  public 
newspaper  printed  in  the  county  of  Washington  ;  and  as  soon  as 
one  thousand  shares  of  said  stock  shall  be  subscribed,  they  shall 
give  notice  in  like  manner  for  a  meeting  of  the  stockholders,  at 
such  time  and  place  as  they  shall  order,  for  the  election  of  nine 
directors ;  and  such  election  shall  then  and  there  be  made  by  such 


VERMONT. 


895 


of  the  stockholders  as  shall  be  present,  either  in  person  or  by  proxy, 
each  stockholder   being  entitled    to   as  many  votes  as  he  holds 
shares ;  and  said  commissioners  shall  be  inspectors  of  said  elec- 
tion, and  shall  certify  the  names  of  those  duly  elected,  and  shall 
deliver  over  to   said  directors  the  subscription  books  and  other 
papers  ;  and  said  directors  shall  then  proceed  to  elect  from  their 
number  a  president  and  vice-president,  and  so  at  all  subsequent 
meetings  of  directors,  and  the  time  and  place  of  holding  the  first 
meeting  of  the  directors  shall  be  fixed  by  the  commissioners  ;  and 
a  new  election  shall  be  made  annually,  at  such  time  and  place 
as  the  directors  shall  appoint,   giving  twenty  days'  notice  of  the 
same  by  publication  in  a  newspaper  printed  at  Montpelier,  in  said 
county,  and  such  other  papers  as  they  may  deem  proper;  and 
said  directors  may  cause  such  examinations  and  surveys  of  said 
road,  or  any  part  thereof,  to  be  made  as  they  shall  deem  necessary, 
and  when  said  road,  or  any  part  thereof,  sharll  be  surveyed,  the 
directors  shall  certify  the  same,  under  their  hands  and  seals,  and 
cause  certificates  to  be  recorded  in  the  town  clerks'  ofiices  of  each 
town  through  which  said  road  is  laid,  of  that  portion  of  said  road 
lying  in  said  town ;  and  in  case  any  portion  of  said  road  should 
run  through   an  unorganized   town   or  gore,   the  same  shall  be 
recorded  in  the  county  clerk's  ofiice,  where,  by  law,  deeds  of  said 
lands  are  required  to  be  recorded ;  which  road,  so  surveyed  and 
certified,  shall  be  deemed  the  line  on  which  said  road  is  to  be 
constructed,  as  hereinafter  mentioned  ;  and  said  corporation  may 
make  such  alterations,  from  time  to  time,  in  the  course  of  said  road, 
as  they  shall  deem  expedient,  causing  a  certificate  of  the  same  to  be 
recorded  in  the  office  of  the  town  clerk  of  the  town,  if  organized,  if 
not,  in  the  office  of  the  county  clerk,  where  such  alteration  is  made ; 
and  the  expense  of  such  survey,  and  all  incidental  expenses  rela- 
thig  thereto,  shall  be  paid  by  such  corporation. 

Sect.  5.  The  vice-president  shall  preside  at  all  meetings  of  the 
directors,  in  case  of  the  absence  or  resignation  of  the  president, 
and  may  exercise  such  powers  and  functions  as  the  corporation 
shall  by  their  by-laws  provide. 

Sect.  6.  If  it  should  so  happen,  at  any  time,  that  an  election  of 
directors  should  not  be  made  on  the  day  prescribed  by  this  Act, 
said  corporation  shall  not  for  that  cause,  be  dissolved ;  but  the 
election  may  be  held  at  any  other  time  provided  for  by  the  by- 
laws of  said  corporation. 
Sect.  7.  The  directors,  or  such  portion  of  them  as  their  by-laws 


896   MONTPELIER  AND   CONNECTICUT  RIVER  RAILROAD   COMPANY. 

may  direct,  shall  form  a  board,  competent  to  transact  all  the  busi- 
ness of  said  corporation  ;  and  have  power  to  make  and  prescribe 
by-laws  and  regulations  for  the  proper  management  and  disposition 
of  the  stock,  property,  and  etfects  of  said  corporation,   and  shall 
have  power  to  appoint  a  clerk  and  treasurer,  who  shall  give  bonds 
to  said  corporation,  with  surety,  to  the  satisfaction  of  the  directors, 
in  a  sum  not  less  than  twenty  thousand  dollars,  for  the  faithful  dis- 
charge of  his  trust ;  and  to  establish  such  salaries  for  the  officers 
of  said  corporation  as  they  deem  proper.     And  said  corporation 
may,  by  their  agents,  surveyors,  and  engineers  enter  upon  said 
route,  designated  as  aforesaid,  and  may  enter  upon  and  take  pos- 
session of  all  such  lands  and  real  estate  as  may  be  necessary  for 
the  construction  and  maintenance  of  said  railroad,  and  the  requi- 
site accommodations  appertaining  thereto;  and  may  enter  upon 
any  lands  in  the  vicinity  of  said  road,  for  the  purpose  of  procuring 
earth,  sand,  gravel, 'or  stone,  for  the  construction  and  repairs  of  said 
road;  and  may  receive,  hold,  and  take  all  voluntary  grants  and 
donations  of  real  estate,  that  shall  be  made  to  said  corporation  for 
the  benefit  of  said  company  ;  and  all  lands  thus  entered  upon  and 
used  by  said  corporation,  which  are  not  gifts  or  donations,  shall  be 
purchased  by  said  corporation  of  the  owner  or  owners  of  the  same; 
and  in  case  the  parties  shall  disagree  upon  the  price  of  such  lands, 
the  judges  of  the  county  court  in  which  such  lands  lie,  shall  ap- 
point three  disinterested  commissioners  who  shall  determine  the 
damages  which  the  owner  or  owners  of  said  lands  so  entered  upon, 
may  have  sustained,  or  shall  be  likely  to  sustain,  by  the  occu- 
pation of  the  same;  and  upon  the  payment  of  such  damages,  with 
the  expenses  attending  the  appraisement,  (the  said  commissioners 
being  allowed  each  two  dollars  per  day  while  thus  employed,)  or 
upon  said  corporation  depositing  in  any  bank  in  the  county  where 
such  land  lies,  to  the  credit  of  the  person  or  persons  to  whom  an 
award  may  have  been  made,  the  amount  of  said  damages,  with 
the   expense   aforesaid,    the  proper  officers  of  said   bank   giving 
notice  to  such  person  or   persons,  by  letter,  of  such  deposit,  then 
said  corporation  shall  be  deemed  to  be  seised  and  possessed  of  such 
lands  so  appraised  by  said  commissioners ;  and  said  commission- 
ers shall  give  at  least  ten  days'  notice  of  the  time  and  place  of  said 
appraisement,  to  the  owner  or  occupant  of  said  lands  to  be  appraised, 
if  known,  and  if  not  known,  by  advertising  the  same  three  weeks 
successively  in  some  newspaper  printed  in  the  county  where  such 
lands  lie,  the  last  of  which  publications  to  be  at  least  six  days  be- 


VERMONT.  897 

fore  said  appraisement,  which  shall  be  deemed  sufficient  notice  to 
the  owners  thereof;  and  after  the  appraisal,  they  shall,  as  soon  as 
may  be,  deliver  to  said  corporation  a  written  statement  of  the  awards 
by  them  made,  with  a  description  of  the  lands  appraised,  which 
shall,  within  thirty  days,  be  recorded  in  the  office  of  the  town  clerk 
in  the  town  in  which  the  lands  lie,  if  such  town  is  organized,  and  if 
not  organized,  in  the  county  clerk's  office  in  the  county  where  the 
lands  lie.  And  in  case  any  owner  or  owners  of  lands  taken  by 
said  company,  be  married  women,  infants,  idiots,  or  insane,  or 
unknown,  or  shall  reside  without  this  State,  the  corporation  shall 
cause  the  damages  to  be  ascertained  in  the  manner  above  pre- 
scribed, and  shall  pay  the  amount  of  the  last  mentioned  damages 
to  the  owners  respectively,  whenever  the  same  shall  be  lawfully 
demanded,  with  the  interest,  at  the  rate  of  six  per  cent,  per  annum, 
which  amount  and  interest  shall  be  a  specific  lien  on  the  real  estate 
of  said  corporation,  and  shall  have  a  preference  to  any  other 
demands  against  said  corporation. 

Sect.  8.  Should  such  corporation,  or  the  owners  of  such  lands 
feel  themselves  aggrieved  by  the  decision  of  said  commissioners, 
as  aforesaid,  either  party  may,  within  ninety  days  from  the  mak- 
ing of  said  decision,  and  giving  notice  thereof,  or  from  the  removal 
of  the  disabilities  in  the  preceding  section  mentioned,  or  from  the 
return  of  such  non-resident,  appeal  to  the  county  court  in  the 
county  in  which  such  lands  or  other  property  lie ;  and  the  decision 
of  said  court  shall  be  final,  and  said  court  shall  tax  costs  for  or 
against  either  party,  as  they  shall  judge  equitable. 

Sect.  9.  Said  company  may  build  and  use  a  single  or  double 
track  upon  said  road,  as  they  shall  determine,  and  if  they  should 
lay  a  single  track,  they  may  at  any  time  thereafter  lay  a  double 
track  on  said  road. 

Sect.  10.  Toll  is  granted,  for  the  benefit  of  said  corporation  upon 
all  passengers  and  property  which  may  be  carried  or  transported 
upon  said  road,  at  such  rate  per  mile,  as  may  be  established  from 
time  to  time,  by  the  directors :  P?-ovided,  the  supreme  court,  at 
any  stated  session  thereof,  held  at  Montpelier  in  Washington 
county,  on  the  application  of  ten  freeholders  in  any  town  through 
which  said  road  passes,  may  alter  and  establish  the  rates  of  toll 
upon  said  road,  for  a  term  of  time  not  to  exceed  six  years,  at  any 
one  time,  and  in  such  manner,  that  the  corporation  shall  not  receive 
less  than  ten  per  centum  per  annum  on  the  amount  of  capital  stock, 
after  deducting  all  the  expenses  of  the  corporation,  after  the  corpo- 
ration shall  commence  taking  toll  on  said  road. 


898  MONTPELIER   AND   CONNECTICUT  PJVEE,  RAILROAD   COMPANY. 

Sect.  11.  The  directors  of  said  corporation  may  erect  toll-houses, 
establish  gates,  appoint  toll-gatherers,  and  demand  toll  upon  said 
road  when  completed,  or  upon  such  parts  thereof  as  shall  from 
time  to  time  be  completed,  and  shall  keep  just  and  true  books  and 
accounts  of  all  expenditures  made  in  building  and  keeping  in  repair 
said  railroad,  and  also  of  all  the  income  arising  from  said  road  ; 
which  books  shall  at  all  times  be  open  to  the  inspection  of  any 
committee  of  the  legislature,  or  of  the  supreme  court ;  and  any 
such  committee  may  examine  the  officers  of  said  corporation  under 
oath,  touching  the  receipts  and  expenditures  of  said  corporation. 

Sect.  12.  Said  corporation  shall  keep  constantly  exposed  at  all 
places,  where  they  have  toll-houses  or  gates,  and  at  all  public 
places,  where  they  receive  passengers  or  freight,  a  sign  or  hand-bill, 
with  the  rates  of  toll  legibly  written  or  printed  thereon. 

Sect.  13.  If  any  person  shall  maliciously,  wilfully,  or  wantonly 
obstruct  the  passage  of  any  carriage  on  said  road,  or  in  any  way 
injure  or  destroy  said  road,  or  any  part  thereof,  or  any  thing  be- 
longing thereto,  or  any  material  or  implement  employed  in  the  con- 
struction thereof,  or  any  person  aiding,  assisting,  or  abetting  in  such 
trespass,  shall  forfeit  and  pay  to  said  corporation,  for  every  such 
offence,  such  damages  as  shall  be  assessed  before  any  court  proper 
to  try  the  same ;  and  such  offender  or  offenders  shall  be  liable  to 
indictment,  by  the  grand  jury  of  the  county  within  which  such 
trespass  shall  have  been  committed,  for  any  offence  contrary  to 
the  above  provisions,  and  on  conviction  thereof,  before  such  county 
court,  shall  pay  a  fine,  not  exceeding  one  hundred  dollars,  nor  less 
than  twenty  dollars,  to  the  use  of  the  State. 

Sect.  14.  If  the  said  railroad  shall  cross  any  private  way,  said 
corporation  shall  so  construct  the  same  as  not  to  obstruct  the  safe 
and  convenient  use  of  such  private  way,  and  if  it  shall  not  be  so 
constructed,  the  party  aggrieved  may  have  an  action  on  the  case, 
in  any  court  proper  to  try  the  same,  and  recover  reasonable  dam- 
ages for  such  injury ;  and  if  said  railroad  shall  cross  any  highway, 
the  same  shall  be  so  constructed  as  not  to  hinder,  impede,  or 
obstruct  the  safe  and  convenient  use  of  said  highway ;  and  said 
corporation  may  raise  or  lower  any  such  highway  or  private  way, 
so  that  said  railroad,  if  necessary,  may  pass  over  or  under  the  same ; 
and  if  said  corporation  shall  raise  or  lower  any  such  highway  or 
private  way,  in  such  manner  as  to  be  unsatisfactory  to  the  proprie- 
tors of  such  private  way,  or  to  the  selectmen  of  the  town  in  which 
such  highway  is  situated,  said  proprietors  or  selectmen  may 
require,  in  writing,  of  said  corporation,  such  alteration  or  amend- 


VERMONT.  899 

ment,  as  they  shall  deem  necessary ;  and  if  the  required  alteration 
or  amendment  be  reasonable  and  proper,  and  said  corporation  shall 
unnecessarily  neglect  to  make  the  same,  such  proprietors  or  select- 
men may  make  the  same,  and  may  prosecute  to  final  judgment 
and  execution,  in  any  court  proper  to  try  the  same,  an  action  of 
the  case,  against  said  corporation,  and  shall  therein  recover  a  rea- 
sonable indemnity,  in  damages,  for  all  expenses  occasioned  by 
making  said  alterations,  with  costs  of  suit;  and  if  said  railroad 
shall  intersect  or  cross  any  stream  of  water  or  watercourse,  said 
corporation  may  construct  the  same  across  said  stream  of  water  or 
watercourse :  Provided^  they  restore  the  same,  to  its  former  state, 
or  in  a  sutficient  manner  so  as  not  to  impair  its  usefulness ;  and 
said  corporation  shall  constantly  maintain  in  good  repair  all 
bridges,  with  their  abutments  and  embankments,  which  they  may 
construct  for  the  purpose  of  conducting  said  road  over  any  private 
way  or  highway,  or  for  conducting  such  private  way  or  highway 
over  said  railroad ;  and  in  default  thereof,  shall  be  liable  to  an 
action  on  the  case,  to  pay  all  damages  to  any  party  aggrieved ; 
and  said  corporation  shall  build  and  maintain  a  sufficient  fence 
upon  each  side  of  their  railroad,  through  the  whole  route  :  Pi-o- 
vided,  that  nothing  in  this  Act  shall  be  so  construed  as  to  prevent 
the  crossing  of  said  railroad,  with  teams  or  otherwise,  in  a  manner 
not  calculated  to  injure  the  same. 

Sect.  15.  The  legislature  may,  at  any  time  after  the  expiration 
of  fifty  years,  from  the  opening  for  use  of  the  road,  and  not  before, 
purchase  of  the  corporation  the  railroad,  and  all  the  property, 
rights,  and  privileges  thereof,  by  paying  therefor  the  amount 
expended  in  making  the  same  ;  and  if,  at  the  time  of  purchase,  the 
corporation  shall  not  have  received  an  income,  equal  to  ten  per  cent- 
um per  annum,  on  the  original  cost,  over  and  above  the  charges  and 
expenses  relating  thereto,  the  legislature  shall  pay  the  corporation 
such  additional  sum,  as  together  with  the  tolls  and  profits  of  every 
kind  received  from  the  road,  will  be  equal  to  ten  per  centum 
per  annum,  on  the  cost  of  the  road,  from  the  date  of  payment 
thereof,  by  the  stockholders  of  the  corporation,  to  the  time  of  pur- 
chase. 

Sect.  16.  The  directors  may  require  payment  of  the  sums  sub- 
scribed to  the  capital  stock,  at  such  times,  and  in  such  proportions, 
and  on  such  conditions,  as  they  shall  deem  best,  under  the  penalty 
of  forfeiture  of  all  previous  payments  thereon ;  and  shall  give 
notice  of  the  payments  required,  and  the  time  and  place  where  the 


900   MONTPELIER   AXD    CONNECTICUT  RIVER   RAILROAD    COMPANY. 

same  are  to  be  paid,  at  least  thirty  days'  previous  thereto,  in  a 
newspaper  printed  in  the  county  of  Washington ;  and  the  corpo- 
ration may  have  an  action  on  the  case  before  any  court  proper  to 
try  the  same,  to  recover  any  assessment  on  the  capital  stock,  or 
any  balance  due  on  the  same. 

Sect.  17.  The  commissioners  may,  at  the  time  of  subscription 
of  any  person  for  the  capital  stock  of  said  corporation,  require 
payment,  by  the  person  subscribing,  of  such  sum  towards  each 
share  as  they  may  deem  best,  not  to  exceed  fi\re  per  centum  of  the 
capital  stock ;  and  if  more,  or  a  greater  amount  of  capital  stock, 
shall  be  subscribed  than  the  sum  of  five  hundred  thousand  dollars, 
the  commissioners  shall  distribute  the  stock  as  they  shall  deem 
equitable  and  just. 

Sect.  IS.  The  office  of  clerk  of  said  corporation  shall  be  kept 
in  this  State,  in  one  of  the  towns  through  which  said  road  may 
pass. 

Sect.  19.  The  share  or  shares  of  any  stockholder  shall  be  liable 
to  attachment,  and  to  be  taken  on  execution,  in  the  same  manner 
as  the  stock  in  other  corporations  in  this  State  are  taken  and  sold. 

Sect.  20.  This  Act  shall  be  taken  and  deemed  to  be  a  public 
Act,  and  shall  be  construed  favorably  and  beneficially  for  all  pur- 
poses for  which  the  same  is  enacted. 

Sect.  21.  Said  corporation  shall  cause  seasonable  and  proper 
notice  of  the  approach  of  any  locomotive  engine  upon  the  road,  to 
the  place  where  said  railroad  crosses  any  highway  or  private  way, 
upon  the  same  level  with  said  road,  and  shall  cause  suitable  signs 
to  be  placed  across  said  highway  or  private  way,  where  the  same 
is  crossed  by  said  railroad  on  a  level  therewith  ;  and  said  corpora- 
tion shall  be  liable  for  all  damages  sustained  by  any  person,  by 
reason  of  the  neglect  of  the  provisions  of  this  section,  to  be  recov- 
ered in  an  action  on  the  case  by  the  person  sustaining  such  dam- 
age. 

Sect.  22.  The  said  commissioners,  provided  for  by  this  Act, 
may  cause  such  preliminary  explorations  and  surveys  to  be  made, 
as  they  may  deem  expedient,  and  the  expenses  thereof  shall  be 
paid  by  said  corporation,  when  organized. 

Sect.  23.  This  Act  shall  be  subject  to  any  general  law  respect- 
ing railroad  corporations,  that  has  been  or  may  hereafter  be 
passed. 

Sect.  24.  The  said  corporation  may  contract  with  any  other 
railroad  company,  which  has  been,  or  may  hereafter  be  chartered 


VERMONT.  901 

by  the  legislature  of  this  State,  or  New  Hampshire,  whose  road 
may  enter  or  be  connected  with  the  road  of  this  corporation,  to  do 
and  perform  all  the  transportation  of  persons  and  property,  upon 
and  over  said  road  or  roads,  upon  such  terms  and  conditions  as 
may  be  mutually  agreed  upon  by  the  parties ;  and  said  corpora- 
tion may  also  lease  or  sell  their  road  to  any  such  railroad  com- 
pany, whose  road  shall  enter  upon  and  be  connected  with  the  road 
of  this  corporation,  upon  such  conditions  as  shall  be  mutually 
agreed  upon  by  the  respective  parties  :  Provided^  that  the  com- 
pany, to  which  the  road  of  this  corporation  shall  be  sold  or  leased, 
shall  be  subject  to  the  provisions  of  this  Act,  so  far  as  the  public 
rights  respecting  said  road  are  concerned. 

Sect.  25.  Said  corporation  shall  be  required  to  transport  upon 
their  said  road  the  United  States'  mail,  by  their  regular  trips;  and 
in  case  of  any  disagreement  between  said  corporation  and  the 
general  government,  touching  the  compensation  for  the  same,  the 
supreme  court  of  this  State  shall,  on  application  of  either  party, 
define  and  establish  the  rates  of  compensation  ;  which  rates  shall 
be  binding  upon  the  parties,  until  altered  by  said  court,  upon  simi- 
lar application.     Approved,  November  13th,  1849. 


ASCUTXEY  EAILROAD    COMPANY. 

INCORPORATED    IN    VERMONT    IN    1849. 

No.  51  of  the  Private  Acts  of  1849  contains  the  Charter. 

Sect.  1  grants  corporate  powers,  ■with  the  right  to  construct  a  railroad  on  the  route 
described,  and  to  transport  persons  and  property  thereon. 

Sect.  2  provides,  if  the  Company  do  not  commence  said  road  within  three  years,  and 
complete  it  within  five  years,  that  this  Act  shall  be  void. 

Sect.  3  fixes  the  capital  stock  at  $300,000,  which  may  be  increased,  to  be  divided 
into  shares  of  $100  each. 

Sect.  4  appoints  Commissioners,  who  shall,  within  five  years,  o^jcn  books  for  receiv- 
ing subscriptions  to  the  stock  ;  when  500  shares  are  subscribed,  they  shall  call  a 
meeting  of  stockholders  for  choice  of  Directors,  shall  preside  at  their  election,  and 
determine  who  are  chosen ;  the  Directors  shall  be  elected  annually,  may  cause 
surveys  to  be  made,  and  locate  the  road. 

Sect.  5  authorizes  the  Directors  to  choose  a  President  and  Vice-President,  and  to 
fill  vacancies. 

Sect.  6  provides,  if  such  election  of  Directors  be  not  held  on  the  day  appointed, 
that  the  Corporation  shall  not  be  dissolved,  but  it  may  be  held  subsequently. 
76 


902  ASCUTXEY   RAILROAD    COMPANY. 

Sect.  7  defines  the  powers  and  duties  of  the  Directors ;  it  empowers  the  Corpora- 
tion, by  their  agents,  to  enter  upon  and  take  possession  of  lands  necessary  for  the 
road,  first  paying  therefor  damages,  if  not  agreed,  to  be  assessed  as  therein  pro- 
vided. 

Sect.  8  gives  to  either  party  the  right  of  appeal  from  such  assessment  to  the  County 
Court,  whose  decision  shall  be  final. 

Sect.  9  authorizes  the  Company  to  regulate  the  mode  of  transportation,  to  erect 
toll-houses,  and  collect  tolls;  the  rates  of  toll  being  subject  to  revision  by  the 
Supreme  Court. 

Sect.  10  requires  the  Company  to  keep  just  accounts  of  receipts  and  expenditures. 

Sect.  1 1  requires  them  to  exhibit  ptiblicly  the  rates  of  toll. 

Sect.  12  provides,  if  any  person  wilfully  injure  said  railroad  or  appurtenances,  that 
he  shall  forfeit  to  the  Company  treble  the  damages  sustained,  and  shall  be  liable 
to  indictment. 

Sect.  13  provides  that  said  railroad  shall  be  so  constructed,  w^here  it  crosses  or  inter- 
sects any  private  way,  highway,  or  watercourse,  as  not  to  obstruct  or  injure  the 
same,  the  Company  being  liable  for  damages  caused  thereby ;  they  shall  main- 
tain a  sufficient  fence  on  each  side  of  the  railroad. 

Sect.  14  reserves  to  the  Legislature  the  right,  after  fifty  years  from  the  opening  of 
the  road,  to  purchase  it  and  the  property  of  the  Company,  by  paying  its  cost  and 
such  further  sum  as,  with  the  net  profits,  shall  equal  10  per  cent,  per  annum 
interest  thereon. 

Sect.  15  authorizes  the  Directors  to  prescribe  the  time  and  mode  of  paying  assess- 
ments on  shares,  under  penalty  of  forfeiture  of  previous  pajnnents. 

Sect.  16  requires  the  Clerk's  office  to  be  kept  in  this  State. 

Sect.  17  authorizes  the  Company's  agents  to  enter  upon  lands  contiguous  to  the 
railroad,  to  procure  materials  for  its  construction,  by  paying  damages  to  be  assessed 
as  before  provided. 

Sect.  18  declares  this  Act  to  be  a  Public  Act,  to  be  construed  favorably. 

Sect.  19  requires  the  Directors  to  make  an  annual  report  to  the  Legislature. 

Sect.  20  provides  that  the  Supreme  Court  shall  fix  the  price  for  transporting  the  U. 
S.  Mail. 

Sect.  21  makes  this  Act  subject  to  general  laws  respecting  railroads. 

Sect.  22  provides  that  this  Act  shall  take  effect  immediately. 


Laws  of  1849,  No.  57. 
An  Act  to  incorporate  the  Ascutney  Railroad  Company. 

Sect.  1.  It  is  hereby  enacted^  ^'c.  That  Nathaniel  Fullerton, 
Thomas  T.  Barrett,  Abner  Field,  Roswell  Lockwood,  Joseph  Kid- 
der, J.  Field  Chilson,  Jason  Grout,  Charles  Barrett,  Charles  Sher- 
win,  Joseph  F.  Nichols,  N.  B.  Roundy,  Hyren  Henry,  J.  R.  Wil- 
liams, John  Dunbar,  Roswell  Downer,  C.  INI.  Chamberlin,  James 
Weston,  Otis  Robbins,  S.  F.  Dutton,  George  F.  Davis,  and  Wil- 
liam Smith,  their  associates  and  successors,  are  constituted  a  cor- 


VERMONT.  903 

poratioii,  by  the  name  of  the  Ascutney  Railroad  Company,  for  the 
purpose,  and  with  the  right  of  building  a  railroad,  with  a  single  or 
double  track,  from  some  point  on  the  westerly  shore  of  Connecti- 
cut River,  in  Windsor  county,  on  the  dividing  line  between  the 
States  of  Vermont  and  New  Hampshire,  witli  the  privilege  of  con- 
necting with  any  railroad  which  may  be  built  in  New  Hampshire, 
thence  to  some  point  most  convenient  for  connecting  with  the  Rut- 
land and  Burlington  Railroad,  in  the  town  of  Chester  or  Caven- 
dish ;  to  carry  persons  or  property  on  the  said  road,  by  the  power 
of  steam  or  otherwise;  and  by  that  name  may  sue  and  be  sued, 
have  a  common  seal,  and  have  all  the  rights  incident  to  corpora- 
tions. 

Sect.  2.  If  tlie  company  shall  not,  witiiin  three  years,  commence 
the  construction  of  said  road,  and  shall  not  within  five  years  com- 
plete and  put  in  operation  said  road,  then  this  corporation  shall 
cease,  and  this  Act  be  void. 

Sect.  3.  The  capital  stock  of  the  company  shall  be  three  hun- 
dred thousand  dollars,  which  may  be  increased  by  the  company  to 
an  amount  sufficient  to  complete  the  road,  and  furnish  carriages 
and  necessary  apparatus  for  the  convenient  and  profitable  use  of 
the  road  ;  which  capital  stock  shall  be  divided  into  shares  of  one 
hundred  dollars  each,  and  shall  be  deemed  personal  property,  and 
be  transferable  in  such  manner  as  the  company  shall,  by  their  by- 
laws, direct. 

Sect.  4.  Nathaniel  Fullerton,  Thomas  T.  Barrett,  Abner  Field, 
C.  M.  Chamberlain,  Joseph  Kidder,  Charles  Barrett,  J.  Field  Chil- 
son.  Charles  Sherwin,  Jason  Grout,  N.  B.  Roundy,  Hyren  Henry, 
J.  R.  Williams,  John  Dunbar,  Roswell  Downer,  James  Weston, 
Otis  Robbins,  S.  F.  Dutton,  George  F.  Davis,  and  William  Smith, 
shall  be  commissioners,  who  shall  within  five  years,  open  books  for 
receiving  subscriptions  to  the  capital  stock  of  said  company,  at 
some  convenient  place  or  places  in  Windsor  county,  and  in  such 
other  places  as  they  shall  deem  proper;  and  twenty  days'  notice 
shall  be  given  by  them,  of  the  time  and  place  of  opening  the  said 
books,  by  publishing  the  same  in,  at  least,  two  newspapers  printed 
in  the  county  of  Windsor;  and  when  five  hundred  shares  shall 
be  subscribed,  or  as  soon  thereafter  as  the  commissioners  shall 
direct,  they  may  give  a  like  notice  for  the  meeting  of  the  stockhold- 
ers, at  such  time  and  place  as  the  commissioners  may  appoint,  to 
choose  seven  directors  ;  and  such  election  shall  then  be  made  by  the 
stockholders  who  may  attend  for  that  purpose,  either  in  person  or 


904  ASCUTNEY   RAILROAD    COMPAXY. 

by  proxy,  each  share  of  the  stock  entitHng  the  stockholder  to  one 
vote;  and  the  commissioners  shall  be  inspectors  of  the  first  elec- 
tion of  directors,  and  shall  certify  the  names  of  those  duly  elected, 
and  deliver  to  such  directors  the  books  of  subscription,  and  all  sums 
of  money  deposited  with  them  on  all  shares  subscribed  as  aforesaid  ; 
and  the  time  and  place  of  the  first  meeting  of  the  directors  shall 
be  fixed  by  the  commissioners;  and  a  new  election  shall  be  made 
annually,  at  such  time  and  place  as  the  directors  shall  appoint, 
giving  thirty  days'  notice  thereof,  in  two  newspapers  printed  in 
Windsor  county,  and  in  such  other  papers  as  they  may  deem  proper. 
The  directors  may  cause  such  examination  and  surveys  of  the  said 
road  to  be  made,  as  may  be  necessary  to  determine  upon  the  best 
route  for  a  road  between  the  points  mentioned ;  and  the  directors, 
or  a  majority  of  them,  after  such  examination  and  surveys  shall 
be  made,  shall  designate  the  route  which  they  deem  most  advanta- 
geous for  the  road,  between  the  points  aforesaid,  and  make  a  certi- 
ficate thereof,  under  their  hands  and  seals,  and  cause  the  certificate 
to  be  recorded  in  the  town  clerk's  ofiice  in  each  town  through 
which  the  road  shall  pass;  which  route,  so  designated  and  certi- 
fied, shall  be  the  route  on  which  the  company  shall  construct  and 
make  their  track ;  and  the  corporation  may,  from  time  to  time, 
make  such  alterations  in  the  course  of  the  road  as  they  may  deem 
expedient,  causing  the  certificate  of  the  same  to  be  recorded  in  the 
office  of  the  town  clerk  of  each  town  in  which  the  alteration  is 
made  ;  the  expenses  of  which  surveys,  and  all  incidental  expenses 
relating  thereto,  shall  be  paid  by  the  corporation. 

Sect.  5.  The  directors  shall  elect  from  their  own  number  a  pre- 
sident and  vice  president;  and  the  president,  or  in  his  absence, 
death,  or  inability,  the  vice-president,  shall  preside  at  all  the  meet- 
ings of  the  directors  and  stockholders;  and  in  case  of  the  death  or 
resignation  of  the  president  or  any  director,  the  vacancy  may  be 
filled  for  the  remainder  of  the  year,  by  such  person,  being  a  stock- 
holder, as  the  directors  shall  choose. 

Sect.  G.  If  any  election  of  directors  should  not  be  made  on  any 
day,  as  provided  in  this  Act,  the  company  shall  not  thereby  be  dis- 
solved, but  such  an  election  shall  be  made  at  any  other  time 
directed  by  the  by-laws  of  the  company ;  and  the  old  directors 
shall  hold  their  offices  until  others  are  chosen  in  their  stead. 

Sect.  7.  Five  directors  shall  form  a  board  competent  to  transact  all 
the  business  of  the  company ;  and  they  may  make  such  by-laws  and 
regulations  as  may  be  necessary  for  the  management  and  disposi- 


VERMONT.  905 

tion  of  the  stock,  property,  and  effects  of  the  corporation,  the  trans- 
fer of  shares,  the  duties  and  conduct  of  their  officers  and  servants, 
the  election  of  directors,  and  for  all  other  matters  relating  to  the 
company,  and  may  appoint  a  clerk  and  treasurer,  and  fix  their 
salaries,  and  the  salary  of  the  president,  and  all  other  officers  and 
servants  of  the  company.  The  treasurer  shall  give  bonds  to  the 
corporation,  with  sureties,  to  the  satisfaction  of  the  directors,  for 
the  faithful  discharge  of  his  trust.  The  corporation,  by  their  offi- 
cers and  servants,  may  enter  upon  the  route,  so  designated  for  said 
road,  to  layout  the  road  through  the  whole  of  the  route;  and 
enter  upon,  take  possession  of,  and  use,  all  such  land  and  real 
estate  as  may  be  necessary  for  the  construction  and  maintenance 
of  their  railroad,  and  for  the  requisite  accommodation  of  the  same, 
and  may  take  and  hold  all  such  grants  and  donations  of  real  estate 
as  may  be  made  to  the  company,  for  their  use  and  benefit ;  and  all 
lands  thus  entered  upon,  which  are  not  gifts,  shall  be  purchased 
by  the  corporation  of  the  owner  or  owners  of  the  same  ;  and  if  the 
parties  disagree  upon  the  price  of  said  lands,  and  before  mak- 
ing any  portion  of  the  road  upon  said  lands,  the  judges  of  the 
county  court  for  the  county  of  Windsor,  shall,  upon  the  petition  of 
the  corporation,  appoint  three  disinterested  commissioners,  who 
shall  determine  the  damages  which  the  owner  or  owners  of  said 
lands,  thus  entered  upon,  may  have  sustained,  or  shall  be  likely 
to  sustain,  by  the  occupation  of  the  same;  and  upon  payment  of 
such  damages,  with  the  expenses  attending  the  same,  the  commis- 
sioners being  allowed  three  dollars  per  day  each  while  thus  em- 
ployed, or  upon  said  corporation  depositing  in  any  bank  in  Wind- 
sor county,  to  the  credit  of  the  person  or  persons  to  whom  an 
award  may  have  been  made,  the  amount  of  such  damages,  and 
paying  the  expenses  of  said  appraisal,  the  proper  officers  of  said 
bank  giving  notice,  to  such  person  or  persons,  of  such  deposit,  by 
letter,  then  the  corporation  shall  be  deemed  to  be  seised  of  such 
lands.  The  commissioners  shall  give  three  days'  notice  to  the 
occupants  or  owners  of  the  lands  to  be  appraised,  of  the  time  and 
place,  when  and  where,  they  will  attend  to  such  appraisal ;  and 
when  such  appraisal  is  made,  they  shall  deliver  to  said  corporation 
a  written  statement  of  the  same,  with  a  description  of  the  land  so 
by  them  appraised,  which,  the  corporation  shall  within  sixty  days 
thereafter,  cause  to  be  recorded  in  the  town  clerk's  oflice  in  the 
town  in  which  such  lands  lie  ;  and  in  case  the  owner  of  lands  taken 
by  the  company,  shall  be  a  married  woman,  an  infant,  idiot,  or 

76  * 


906  ASCUTXET   RAILROAD    COMPANY. 

insane,  or  shall  not  reside  in  this  State,  then  the  company  shall 
cause  the  damages  to  be  determined  in  the  manner  above  described, 
and  shall  pay  the  same  to  the  owners  last  above  mentioned,  when 
the  same  shall  be  lawfully  demanded,  with  the  interest  thereon 
at  the  rate  of  six  per  centum  per  annum  ;  which  said  damages,  and 
the  interest  thereon,  shall  be  a  specific  lien  upon  the  real  estate  of 
said  company,  and  shall  be  preferred  before  any  other  demand 
against  said  company. 

Sect.  S.  The  corporation,  or  the  owner  of  such  lands  or  mate- 
rials, feeling  aggrieved  by  the  decision  of  the  commissioners,  either 
party  may,  within  ninety  days  from  the  making  of  such  decision, 
appeal  to  the  county  court,  in  the  county  of  Windsor,  by  lodging 
with  the  county  clerk  a  written  appeal  from  such  decision,  and 
serving  a  copy  of  such  appeal  upon  the  adverse  party ;  and  the 
decision  of  the  judges  of  the  county  court,  upon  such  appeal  and 
appraisal,  shall  be  final,  and  said  court  may  tax  costs  to  either 
party,  as  may  be  just. 

Sect.  9.  The  company  may  regulate  the  time  aftd  manner  in 
which  passengers  and  property  shall  be  transported  on  their  rail- 
road, and  may  erect  and  maintain  toll-houses  and  other  buildings 
for  their  accommodation,  and  the  convenient  use  of  the  road,  as  they 
may  deem  suitable;  and  may  collect  and  receive  toll  and  charges 
for  the  transportation  of  persons  and  property  on  said  road,  at  such 
rate  per  mile  as  may  from  time  to  time  be  fixed  by  the  corpora- 
tion :  Provided,  that  the  supreme  court,  at  any  stated  session 
thereof,  held  in  the  county  of  Windsor,  on  application  of  ten  free- 
holders, in  any  town  through  which  said  road  shall  pass,  may  alter 
or  establish  the  rate  of  toll  upon  said  road,  for  a  term  of  time  not 
exceeding  ten  years  at  any  one  time,  and  in  such  manner  that  the 
corporation  shall  receive  not  less  than  ten  per  centum  per  annum, 
on  the  amount  of  capital  stock,  after  deducting  all  the  expenses  of 
the  corporation,  after  said  corporation  shall  commence  taking  toll 
on  said  road. 

Sect.  10.  The  corporation  shall  keep  just  and  true  books  and 
accounts,  of  all  expenses  incurred  in  surveying,  building,  and  keep- 
ing in  repair  the  said  railroad,  and  also  all  the  income  arising  from 
the  same ;  which  books  and  accounts  shall  at  all  times  be  open  to 
the  inspection  of  any  committee  of  the  legislature,  or  of  the  supreme 
court:  and  any  such  committee  may  examine  the  officers  of  the 
corporation,  under  oath,  as  to  their  receipts  and  expenses. 

Sect.  11.  The  corporation  shall  keep  constantly  exposed  to  view, 


VERMONT.  907 

at  all  places  wliere  they  have  toll-houses  or  gates,  and  at  all  public 
places  where  they  receive  passengers  and  freight,  a  sign  or  hand- 
bill, with  the  rates  of  toll  legibly  written  or  printed  thereon. 

Sect,  12.  If  any  person  shall  wilfully  obstruct  the  passage  on  the 
said  road,  or  in  any  way  injure  or  destroy  the  same,  or  any  part 
thereof,  or  any  building,  engine,  machine,  work,  or  any  thing 
belonging  to  said  road,  or  any  material  or  implement  used  in  the 
construction  thereof,  or  shall  assist,  aid,  or  abet  in  such  act  or  acts, 
he  shall  forfeit  and  pay  to  the  corporation  treble  the  amount  of 
damages  sustained  by  reason  of  such  offence,  to  be  recovered  in  the 
name  of  the  company,  with  costs,  by  an  action  of  debt,  and  shall 
be  liable  to  indictment  by  the  grand  jury  of  the  county  of  Wind- 
sor for  such  offence,  and  on  conviction  thereof,  before  said  county 
court,  shall  be  punished  as  for  a  misdemeanor,  or  pay  a  fine  not 
exceeding  one  hundred  dollars,  and  not  less  than  thirty  dollars,  in 
the  discretion  of  the  court,  to  the  use  of  the  State. 

Sect.  13.  If  the  railroad  shall  cross  any  private  way,  the  cor- 
poration shall  so  construct  their  road  as  not  to  obstruct  the  safe 
and  convenient  use  of  said  private  way  ;  and  if  the  said  road  shall 
not  be  so  constructed,  the  party  aggrieved  may  have  an  action  on 
the  case,  in  any  court  proper  to  try  the  same,  and  recover  reason- 
able damages  for  such  injury  ;  and  if  the  said  railroad  shall  cross 
any  highway,  the  same  shall  be  so  constructed  as  not  to  impede 
or  obstruct  the  safe  and  convenient  use  of  such  highway;  and 
the  corporation  may  raise  or  lower  such  highway  or  private  way, 
so  that  the  railroad  may,  if  necessary,  pass  over  or  under  the  same  ; 
and  if  the  corporation  shall  raise  or  lower  any  such  highway  or  pri- 
vate way,  in  such  manner  as  shall  not  be  satisfactory  to  the  select- 
men of  the  town  in  which  the  same  is  situated,  such  selectmen 
may  require,  in  writing,  of  the  corporation,  such  alteration  or 
amendment,  as  they  may  think  necessary  ;  and  if  the  required  alter- 
ation or  amendment  be  reasonable  and  proper,  and  the  corporation 
shall  unnecessarily  neglect  to  make  tlie  same,  such  selectmen  may 
have  an  action  on  the  case  against  said  corporation,  in  any  court 
proper  to  try  the  same,  and  shall  therein  recover  all  damages 
which  may  be  sustained,  or  shall  be  likely  to  be  sustained,  by  rea- 
son of  such  neglect,  with  costs  of  suit;  and  if  the  said  railroad 
shall  intersect  or  cross  any  stream  of  water,  or  watercourse,  the 
corporation  may  construct  the  same  across  such  stream  or  water- 
course :  Provided,  they  restore  the  same,  as  near  as  practicable, 
to  its  former  state  and  usefulness.    And  the  corporation  shall  build 


908  ASCUTNEY   RAILROAD    COMPANY. 

and  maintain  a  sufficient  fence  on  each  side  of  their  railroad, 
through  its  whole  route,  where  a  fence  is  necessary,  for  the  own- 
ers or  occupants  of  the  adjacent  lands  :  Provided,  that  nothing  in 
this  Act  shall  be  so  construed  as  to  prevent  the  crossing  of  said 
railroad  with  teams  or  otherwise,  in  a  manner  not  calculated  to 
injure  the  same. 

Sect.  14.  The  legislature  may,  at  any  time,  after  the  expiration 
of  fifty  years  from  the  opening  of  the  road  for  use,  and  not  before, 
purchase  of  the  corporation  the  railroad,  and  all  the  property, 
rights,  and  privileges  thereof,  by  paying  therefor  the  amount 
expended  in  making  the  same,  the  expense  of  repair,  and  all  other 
expenses  relating  thereto;  and  if,  at  the  time  of  purchase,  the  cor- 
poration shall  not  have  received  an  income  equal  to  ten  per 
centum  per  annum  on  the  original  cost,  over  and  above  the  charges 
and  expenses  relating  thereto,  the  legislature  shall  pay  the  corpora- 
tion such  additional  sum,  as,  together  with  the  tolls  and  profits  of 
every  kind  received  from  the  road,  will  be  equal  to  ten  per  centum 
per  annum  on  the  cost  of  the  road,  from  the  date  of  the  payment 
thereof  by  the  stockholders  of  the  corporation  to  the  time  of  such 
purchase. 

Sect.  15.  The  directors  of  the  company  may  require  payment 
of  the  sums  subscribed  to  the  capital  stock,  in  such  proportions, 
and  at  such  times  as  they  shall  deem  best,  not  exceeding  ten  dol- 
lars at  one  time,  and  one  hundred  dollars  upon  any  one  share, 
under  the  penalty  of  the  forfeiture  of  all  previous  payments  there- 
on; and  when  the  directors  shall  require  the  payment  of  any  por- 
tion of  the  capital  stock  of  said  company,  they  shall  give  at  least 
thirty  days'  notice  of  the  time  and  place  of  such  payment,  by 
publishing  the  same  in  at  least  two  newspapers  in  the  county  of 
Windsor,  and  such  other  places  as  they  may  deem  proper. 

Sect.  16.  The  office  of  the  clerk  of  said  corporation  shall  be 
kept  in  this  State. 

Sect.  17.  The  company  may,  by  their  engineers,  agents,  or 
workmen,  with  such  teams,  carriages,  and  tools  as  they  may  find 
convenient,  enter  upon  any  lands  contiguous  to  the  road,  or  the 
work  connected  therewith,  to  dig,  blast,  carry  away,  and  use  such 
stone,  gravel,  and  earth,  as  may  be  necessary  for  building  or  repair- 
ing the  road,  doing  thereby  as  little  damage  as  the  nature  of  the 
case  will  permit;  and  in  case  damage  shall  be  claimed  by  the 
owner  of  the  lands  thus  entered  upon,  and  for  the  stone,  gravel, 
and  earth  thus  carried  away,  and  the  owner  and  the  company  do 


VERMONT.  909 

not  agree  upon  the  sum  to  be  paid  therefor,  the  same  shall  be 
assessed  by  commissioners,  in  the  manner  before  prescribed  in  this 
Act;  and  either  the  company  or  the  owner,  feeUng  aggrieved,  may 
appeal  as  aforesaid. 

Sect.  18.  This  Act  shall  be  deemed  to  be  a  public  Act,  and  shall 
be  construed  favorably  and  beneficially  for  all  the  purposes  for 
which  it  is  intended. 

Sect.  19.  The  directors  shall,  annually,  on  or  before  the  third 
Tuesday  of  October,  make  a  report  to  the  legislature,  of  their  pro- 
ceedings, receipts,  and  expenditures  ;  and  their  books  shall,  at  all 
times,  be  open  to  the  inspection  of  a  committee  of  the  legislature 
appointed  for  that  purpose. 

Sect.  20.  The  supreme  court  shall,  on  application  for  that  pur- 
pose, fix  the  price  for  which  the  United  States'  mail  shall  be  trans- 
ported to  and  from  any  different  points  on  said  road;  which  shall 
continue  to  be  the  price,  for  which  said  company  shall  transport 
said  mail,  until  the  same  shall  be  diminished  or  increased  by  said 
court,  which  they  may  do,  on  application  for  that  purpose. 

Sect.  21.  This  corporation  shall  be  subject  to  any  general  law 
respecting  railroad  corporations,  which  shall  hereafter  be  passed, 
not  inconsistent  with  the  express  provisions  of  this  Act. 

Sect.  22.  This  Act  shall  take  effect  from  its  passage.  Approved^ 
November  13th,  1849. 


GENERAL  LAWS  OF  VERMONT,  RESPECTING  RAILROAD  AND 

OTHER  CORPORATIONS. 

Chapter  79  of  the  Revised  Statutes,  contains  provisions  respecting  Private  Corporations. 

Sect.  1  defines  the  name  "  Private  Corporation." 

Sect.  2  declares  the  capital  stock  thereof  to  be  personal  property. 

Sect.  3  directs  how  such  stock  may  be  attached  and  sold  on  execution. 

Sect.  4  requires  every  such  Corporation  to  have  a  Clerk  residing  in  this  State,  under 
a  penalty. 

Sect.  5  requires  such  Clerk  to  have  custody  of  the  records,  and  to  exhibit  them  to 
any  shareholder,  or  to  any  creditor  of  such  shareholder. 

Sect.  6  prescribes  the  penalty,  if  the  Clerk  shall  violate  the  provisions  of  Section  5. 

Sect.  7  requires  every  Corporation  to  keep  a  record  of  their  number  of  shares,  and 
the  owners  thereof. 

Sect.  8  makes  such  capital  stock,  however  held,  liable  for  the  debts  of  the  Corpo- 
ration. 

Sect.  9  directs  the  mode  of  selling  shares  of  stockholders,  who  fail  to  pay  their 
assessments. 


910  GENERAL   LAWS    CONCERNING    RAILROADS. 

Sects.  10,  11,  12,  13,  14,  and  15  relate  exclusively  to  Turnpilce  Corporations. 

Sect.  16  defines  the  term  "  Clerk  of  a  Corporation"  as  used  in  this  Act. 

Sect.  17  provides  that  Corporations,  whose  charters  shall  expire,  may  continue  in 
existence  for  three  years  thereafter,  for  the  purpose  of  closing  their  affairs. 

Sect.  18  provides  for  the  appointment  of  receivers  of  a  Corporation,  -whose  charter 
has  expired. 

Sect.  19  gives  to  the  Court  of  Chancery  power  to  make  all  necessary  decrees. 

Sect.  20  directs  how  such  receivers  shaU  conduct  their  proceedings. 

Sect.  21  provides  that  an  attachment  of  corporate  property,  made  by  a  creditor,  shall 
take  precedence  of  one  made  by  a  Director  in  such  Corporation,  though  subse- 
quent in  point  of  time. 

No.  22  of  the  Public  Acts  of  1846  contains  an  Act  in  relation  to  Railroads. 

Sect.  1  provides,  when  the  title  or  claim  to  land  necessary  for  the  construction  of  a 

raih-oad  is  in  dispute,  that  a  petition  may  be  presented  to  the  chancellor  of  such 

district,    who  may   order  the  amount   of  damages  awarded,  to  be  deposited  in 

some  bank,  or  with  the  clerk  of  the  court. 
Sect.  2  provides  that  no  final  decree  shall  be  made  in  such  case,  until  notice  has 

been  given. 
Sect.  3  directs  the  Commissioners  to  appraise  damages  done  to  a  particular  estate. 
Sect.  4  provides  that  the  title  to  such  lands  shall  vest  in  the  Corporation,  on  such 

deposit  being  made. 
Sect.  5  authorizes  such  sums  to  be  invested,  upon  the  chancellor's  order,  if  they 

remain  for  six  months  undemanded. 
Sect.  6  dispenses  with  notice  to  non-resident  owners  of  unoccupied  lands. 
Sect.  7  provides,  if  the  location  of  a  railroad  be  changed,  that  the  land  first  located 

upon,  shall  revert  to  the  owner,  and  damages  for  the  second  location  shall  be 

awarded  equitably,  the  Corporation  paying  costs  in  case  of  an  appeal,  and  causing 

the  new  location  to  be  recorded. 
Sect.  8  directs  notice  to  be  given  to  the  Selectmen  of  a  town,  when  the  railroad 

shall  be  laid  out  by  the  side  of  a  highway,  and  how  damages  shall  be  assessed. 
Sect.  9  requires  three  days'  notice  to  be  given  to  land  owners. 
Sect.  10  provides  that  this  Act  shall  take  effect  immediately. 

No.  22  of  the  Public  Acts  of  1847  contains  an  Act  relating  to  Railroads. 

Sect.  1  authorizes  all  railroad  Companies,  incorporated  in  this  State  to  make  con- 
tracts with  railroad  Companies  of  other  States,  and  to  hold  real  and  personal 
estate. 

Sect.  2  authorizes  railroad  Companies  in  this  State  to  connect  with  each  other,  or 
with  those  in  other  States,  on  terms  agreed  upon ;  also  to  take  lands  subject  to  the 
provisions  of  their  charters. 

No.  23  of  the  Public  Acts  of  1847  contains  An  Act  for  tlie  punishment  of  the  malicious 

obstruction  of  Railroads. 

Sect.  1  provides,  if  any  person  wilfully  obstruct  any  railroad,  or  remove  or  destroy 
any  part  thereof,  that  he  shall  be  punished  as  therein  mentioned. 


VERMONT.  911 

Sect.  2  enacts  that,  if  any  person  shall  suffer  bodily  injury  from  such  obstruction, 

this  shall  constitute  an  aggravation  of  the  offence. 
Sect.  3  provides,  if  any  person  shall  be  killed  by  such  obstruction  or  injury  to  a 

railroad,  that  the  offender  shall  be  deemed  guilty  of  manslaughter. 

No.  54  of  the  Public  Laws  of  1848  contains  Resolutions  authorizing  the  ajipointinent  of 
Commissioners  to  prepare  a  general  law  governing  Railroad  Companies. 

No.  13  of  the  Public  Acts  of  18-49  contains  an  Act  conceriiing  Railroad  Corporations. 

Sect.  1  provides,  where  land  or  materials  have  been  taken  for  the  construction  of  a 
railroad,  and  whenever  damage  has  been  occasioned  to  land  owners,  and  payment 
has  not  been  made,  or  the  damages  have  not  been  appraised,  within  two  years 
from  the  time  of  taking,  that  the  courts  of  law  shall  have  jurisdiction  thereof,  and 
the  plaintiff  may  recover  his 'actual  damages. 

Sect.  2  provides  that  this  Act  shall  take  effect  immediately. 

No.  4:1  of  the  Public  Laics  of  1849  contains  an  Act  in  relation  to  Railroad  Corporations, 

having  numerous  important  provisions. 

Sect.  1  declares  all  railroad  Companies,  now  or  hereafter  incorporated  in  this  State, 

to  be  subject  to  the  provisions  of  this  Act,  when  not  inconsistent  with  their 

charters. 
Sect.  2  requires  public  notice  to  be  given,  as  therein  provided,  before  a  petition,  for 

granting  or  extending  the  charter  of  any  railroad  Company,  shall  be  acted  upon. 
Sect.  3  directs  what  description  of  the  route  shall  be  contained  in  every  charter. 
Sect.  4  provides  that  each  Company  shall  have  not  less  than  five  Directors,  who 

shall  choose  a  President,  Treasurer,  Clerk,  and  other  necessary  officers. 
Sect.  5  gives  to  each  member  one  vote  for  every  share  held  by  him,  but  not  beyond 

one  tenth  of  the  whole  number,  and  prescribes  the  manner  of  calling  meetings. 
Sect.  6  provides  that  any  meeting  for  choice  of  Directors  may  be  held  within  ninety 

days  from  the  time  ajppointed  in  the  by-laws. 
Sect.  7  defines  stock  in  railroad  Corporations  to  be  personal  property,  transferable 

according  to  the  by-laws,  and  provides  for  its  attachment  and  sale  mider  legal 

process,  according  to  Chapter  79,  Revised  Statutes. 
Sect.  8  prescribes   the  mode  of  receiving   subscriptions,  and  of  distributing  the 

stock. 
Sect.  9  requires  every  subscriber  for  stock,  at  the  time  of  subscribing,  to  pay  $5  on 

each  share,  and,  if  requested,  to  give  security  for  the  payment  of  $15  more  on 

each  share ;  all  sums  to  be  payable  according  to  the  terms  of  subscription. 
Sect.  10  provides  that  the  Commissioners,  after  the  stock  is  subscribed,  shall  call  a 

meeting  of  stockholders,  for  choice  of  Directors,  preside  at  the  election,  declare 

who  are  chosen,  and  fix  the  time  for  their  first  meeting ;  a  new  election  shall  be 

held  annually,  at  the  time  appointed  in  the  by-laws  or  by  the  Directors. 
Sect.  11  authorizes  Directors  to  make  equal  assessments  on  shares,  prescribe  the 

time  and  mode  of  pajTnent,  and  to  sell  the  shares  for  non-payment  thereof  as 

therein  provided. 
Sect.  12  empowers  every  railroad  Corporation  to  lay  out  its  road,  not  exceeding  five 

rods  wide,  and  to  take  sufficient  land  therefor,  as  in  this  chapter  provided. 
Sect.  13  authorizes  such  Corporation  to  purchase  or  take  lands  or  materials,  neces- 


912         GENERAL  LAWS  CONCERNING  RAILROADS. 

sai-y  for  building  its  road,  also  water,  and  the  right  to  use  the  same,  bj-  paying 
damages,  if  not  agreed,  to  be  assessed  as  provided  in  Section  15  of  this  Act. 

Sect.  1-1  provides  that  land  or  materials  shall  not  be  so  taken,  without  the  owner's 
consent,  unless  the  limits  shall  have  been  first  fixed  by  said  Commissioners. 

Sect.  15  prescribes  the  mode  of  assessing  land  damages. 

Sect.  16  gives  an  appeal  from  the  decision  of  the  Commissioners. 

Sect.  17  requires  the  Corporation,  before  an  appraisal,  to  furnish  a  description  of  the 

property  taken. 
Sect.  18  provides  for  assessment  of  damages,  where  the  title  to  land  is  in  dispute. 
Sect.  19  directs  what  notice  shall  be  given,  before  a  iinal  decree  shall  be  entered  in 

such  case. 
Sect.  20  provides  that,  on  deposit  of  the  damages  awarded,  the  title  to  said  lands 

shall  vest  in  the  Corporation. 
Sect.  21  prescribes  the  form  of  notice  to  owners  of  unoccupied  lands. 
Sect.  22  authorizes  a  Corporation  to  change  the  location  of  their  road,  as  therein 

provided. 
Sect.  23  provides  for  the  apportionment  of  damages,  when  the  location  is  changed. 
Sect.  24  provides,  where  damages  have  been  awarded  but  not  paid,  and  the  location 

is  changed,  that  the  land,  first  located  upon,  shall  revert  to  the  owner. 
Sect.  25  authorizes  such  Corporations  to  enter  upon  lands,  to  make  surveys  of  the 

route. 
Sect.  26  provides  for  laying  out  turnpike  roads  across  railroads,  without  injury  to 

them. 
Sect.  27  directs  the  form  of  proceedings,  where  a  railroad  crosses  any  public  road. 
Sect.  28  authorizes  the  raising,  lowering,  or  altering  the  course  of  highways  crossed 

by  railroads. 
Sect.  29  has  further  provisions  as  to  the  mode  of  taking  lands. 
Sect.  30  requires  such  alterations  in  the  route  to  be  recorded  in  the  to-nii  clerk's 

office. 
Sect.  31  provides  that  the  course  of  a  railroad  may  be  raised,  if  within  the  limits 

fixed  in  the  charter. 
Sect.  32  gives  the  Commissioners  power  to  authorize  a  location  to  be  made,  or  to 

change  an  existing  location. 
Sect.  33  requires  the  location  to  be  filed  with  the  town  clerk  of  each  town. 
Sect.  3-i  empowers  such  Corporations  to  lease  their  roads  to,  or  connect  with,  other 

Companies. 
Sect.  35  affixes  a  penalty  for  injury  to  any  railroad  or  appurtenances. 
Sect.  36  affixes  a  penalty  for  obstructing  a  railroad  or  removing  any  part  thereof. 
Sect.  37  provides  that  such  ofi'ender  shall  be  guilty  of  a  misdemeanor,  and  shall  be 

liable  to  pay  double  the  damages  sustained. 
Sect.  38  requires  that  a  bell  be  placed  on  each  locomotive  engine. 
Sect.  39  requires  a  sign  to  be  placed  at  each  crossing. 
Sect.  40  prescribes  the  penalty  for  neglect  of  the  provisions  of  the  two  preceding 

Sections. 
Sect.  41  requires  the  Directors  of  each  Company  to  make  an  annual  report  to  the 

Legislature. 
Sect.  42  authorizes  every  Corporation  to  establish  rates  of  toll,  subject  to  reduction 

as  therein  provided. 
Sect.  43  reserves  to  the  State  the  right  to  purchase  the  franchise  and  property  of 

any  such  Corporation,  at  the  end  of  twenty  years  from  the  opening  of  the  road. 


VERMONT.  913 

Sect.  44  requires  every  Company  to  erect  fences  on  the  sides  of  their  roads,  and 
cattle  guards  at  crossings. 

Sect.  45  provides  that  the  land  owner,  "when  he  has  been  paid  for  building  such 
fence,  shall  maintain  it. 

Sect.  46  authorizes  the  Commissioners  to  determine  the  number  and  manner  of  fence 
crossings. 

Sect.  47  prescribes  a  penalty  to  the  owner  of  beasts,  found  going  at  large  within  the 
limits  of  any  railroad. 

Sect.  48  prohibits  any  locomotive,  or  other  power,  to  be  used  on  any  railroad,  except 
that  used  by  the  Company. 

Sect.  49  requires  all  Companies  to  transport  on  their  roads,  the  passengers  and 
freight  of  other  roads  authorized  to  unite  with  their  roads,  upon  terms,  if  not 
agreed,  to  be  prescribed. 

Sect.  50  provides  that  the  Commissioners  shall  also  determine  the  periods  at  which 
cars  shall  be  so  run. 

Sect.  51  provides  for  the  compensation  of  said  Commissioners. 

Sect.  52  authorizes  one  railroad  to  cross  the  track  of  another  road. 

Sect.  53  requires  every  Company  to  take  security  for  the  fulfilment  of  all  contracts 
in  constructing  their  roads,  and  renders  the  Company  liable  to  day  laborers  employ- 
ed by  the  contractors,  if  notified,  in  writing,  within  forty  days  after  the  perform- 
ance of  their  labor. 

Sect.  54  prescribes  a  penalty  against  any  conductor  of  cars,  for  intoxication. 

Sect.  55  requires  every  such  Company  to  transport  the  U.  S.  mail,  on  terms,  if  not 
agreed,  to  be  arranged. 

Sect.  56  provides  for  the  sale  of  unclaimed  goods,  to  pay  their  charges. 

Sect.  57  authorizes  conductors  to  eject  persons  from  cars,  for  disorderly  conduct,  or 
failure  to  pay  their  fares. 

Sect.  58  requires  all  officers  to  wear  a  badge  of  office,  before  they  can  perform  their 
duties. 

Sect.  59  directs  the  mode  of  arranging  passenger  cars,  and  renders  officers  liable  for 
non-compliance  therewith. 

Sect.  60  provides  that  any  officer,  guilty  of  negligence,  shall  be  liable  for  the  con- 
sequences, without  affecting  any  remedy  against  the  Corporation. 

Sect.  6 1  makes  the  Corporation  liable  for  damages,  resulting  from  fire  communicated 
by  the  locomotive  engmes. 

Sect.  62  allows  each  Corporation  to  insure  any  property,  along  the  route  of  their 
road,  against  this  risk. 

Sect.  63  makes  every  Company  a  body  corporate,  after  the  passage  of  this  Act  of 
incorporation,  to  enforce  payment  of  subscriptions,  and  the  performance  of  con- 
tracts. 

Sect.  64  forbids  the  issue  of  shares  for  less  than  the  original  par  value,  unless  all 
the  stockholders,  in  writing,  consent  thereto. 

Sect.  65  declares  this  Act  subject  to  amendment  or  repeal. 

Sect.  66  provides  that  this  Act  shall  not  affect  existing  rights. 


77 


914         GENERAL  LAWS  CONCERNING  RAILROADS. 

Revised  Statutes,  Chap.  79. 
Of  private  Corporations. 

Sect.  1.  The  term  "  private  corporations,"  as  used  in  this 
chapter,  shall  be  construed  to  mean  any  corporation  created  for  the 
purpose  of  making  a  turnpike  road,  railroad,  or  canal,  for  carrying 
on  any  branch  of  manufacture,  for  mining,  for  improving  the  navi- 
gation of  any  stream  or  other  waters,  for  building  wharves  or 
storehouses,  for  building  or  using  steamboats  or  other  vessels,  for 
the  purposes  of  banking  or  insurance,  and  all  other  corporations, 
which,  from  their  object,  suppose  a  division  of  profits  among  the 
stockholders. 

Sect.  2.  The  capital  stock  of  all  private  corporations  shall  be 
deemed  personal  estate,  for  all  purposes,  and  the  stock  in  any  such 
corporation  may  be  transferred  in  the  manner  provided  by  its  by- 
laws. 

Sect.  3.  When  any  share  of  such  capital  stock  shall  be  attach- 
ed, a  copy  of  the  attachment  shall  be  left  with  the  clerk  of  the 
corporation,  and  such  stock  may  be  taken  and  sold  on  execution 
in  the  same  manner  as  other  personal  property,  the  purchaser 
causing  an  attested  copy  of  the  execution,  and  officers'  return 
thereon,  to  be  left  with  the  clerk  of  such  corporation,  within  twelve 
days  after  such  sale,  and  the  title  of  the  stock  so  sold,  shall  vest 
in  the  purchaser. 

Sect.  4.  If  any  private  corporation  shall  refuse  or  neglect,  for  the 
term  of  six  months,  to  appoint  and  have  a  clerk  residing  in  this 
State,  such  corporation  shall,  for  such  refusal  or  neglect,  forfeit 
and  pay  the  sum  of  fifty  dollars,  for  every  such  offence,  to  the 
person  injured,  to  be  recovered  in  an  action  on  the  case. 

Sect.  5.  The  clerk  of  every  such  corporation  shall,  at  all  times, 
have  the  custody  of  all  the  by-laws  and  records  of  such  corpora- 
tion, and  shall,  at  all  proper  and  seasonable  times,  exhibit  and 
show  the  same  to  the  owner  of  any  share  of  the  stock  of  such 
corporation,  his  agent  or  attorney,  or  to  any  creditor  of  such  owner, 
his  agent  or  attorney,  on  demand,  and  give  certified  copies  of  such 
by-laws  and  records,  when  required,  and  a  reasonable  compensa- 
tion therefor  tendered  to  such  clerk. 

Sect.  6.  If  any  such  clerk  shall  wilfully  neglect  or  refuse  to 
exhibit  and  show  any  such  by-laws  and  records  in  his  possession. 


VEliMONT.  •  915 

he  shall  forfeit  and  pay  to  the  person  injured  the  sum  of  ten  dol- 
lars, for  every  twenty  four  hours  such  clerk  shall  so  neglect  or 
refuse,  to  be  recovered  in  an  action  on  the  case. 

Sect.  7.  Every  private  corporation  shall,  by  its  clerk,  make  and 
keep  a  record  of  all  its  corporate  doings,  in  which  the  several 
shares  of  the  capital  stock  of  such  corporation  shall  be  designated 
by  numbers,  and  also  a  record  of  the  name  of  each  owner  of 
such  stock,  and  the  number  and  description  of  the  shares  of  such 
owner. 

Sect.  8.  The  capital  stock  of  any  private  corporation,  whether 
owned  by  such  corporation  or  individuals,  shall  be  liable  to  and 
held  by  attachments,  and  may  be  taken  and  sold  on  execution 
against  such  corporation. 

Sect.  9.  When  any  proprietor  in  any  private  corporation  shall 
neglect  or  refuse  to  pay  any  tax  or  assessment,  duly  laid  or  assess- 
ed by  such  corporation,  agreeably  to  the  by-laws  thereof,  the  trea- 
surer may  sell,  by  public  auction,  the  shares  of  such  delinquent, 
under  such  regulations  as  the  corporation,  by  its  by-laws,  may 
direct;  and  the  purchaser,  on  producing  a  certificate  of  such  sale, 
from  the  treasurer,  to  the  clerk  of  such  corporation,  with  the  num- 
ber of  such  share  so  sold,  and  causing  the  same  to  be  recorded  by 
the  clerk,  shall  thereupon  be  the  proprietor  thereof,  and  the  excess, 
if  any,  after  paying  such  tax  or  assessment  and  all  proper  charges, 
shall  be  paid  by  the  treasurer  to  such  delinquent,  on  demand. 

Sect.  16.  The  term  "  clerk  of  a  corporation,"  as  used  in  this 
chapter,  shall  be  construed  to  mean  the  recording  officer,  whether 
he  be  styled  clerk,  secretary,  cashier,  or  however  designated,  and 
the  term  "  treasurer,"  as  used  in  this  chapter,  shall  be  construed 
to  mean  the  officer,  who  has  the  care  and  custody  of  the  funds  of 
such  corporation,  by  whatever  name  he  may  be  designated. 

Sect.  17.  All  corporations,  whose  charters  shall  expire  by  their 
own  limitation,  or  shall  be  annulled,  by  forfeiture  or  otherwise, 
shall  nevertheless  be  continued  bodies  corporate  for  the  term  of 
three  years  after  the  time  when  they  shall  have  been  so  dissolved, 
for  the  purpose  of  prosecuting  or  defending  suits  by  or  against 
them,  and  of  enabling  them  gradually  to  settle  and  close  their 
concerns,  to  dispose  of  and  convey  their  property,  and  to  divide 
their  capital  stock,  but  not  for  the  purpose  of  continuing  the  busi- 
ness, for  which  such  corporations  have  been  or  may  be  established. 

Sect.  18.  When  the  charter  of  any  corporation  shall  expire  or 
be  annulled,  as  provided  in  the  preceding  section,  the  court  of 


916         GENERAL  LAWS  CONCERNING  RAILROADS. 

chancery,  on  the  application  of  any  creditor  of  such  corporation, 
or  of  any  stockholder  or  member  thereof,  at  any  time  within  the 
said  three  years,  may  appoint  one  or  more  persons  to  be  receivers 
or  trustees  of  and  for  such  corporation,  to  take  charge  of  the  estate 
and  effects  thereof,  and  to  collect  the  debts  and  property  due  and 
belonging  to  the  corporation,  with  power  to  prosecute  and  defend, 
in  the  name  of  the  corporation  or  otherwise,  all  such  suits  as  may 
be  necessary  and  proper  for  the  purposes  aforesaid,  and  to  appoint 
an  agent  or  agents  under  them,  and  to  do  all  other  acts  which 
might  be  done  by  such  corporation,  if  in  being,  that  may  be  neces- 
sary for  the  final  settlement  of  the  unfinished  business  of  the  cor- 
poration, and  the  powers  of  such  receivers  may  be  continued 
beyond  the  said  three  years,  and  so  long  as  the  court  shall  judge 
necessary  for  the  purposes  aforesaid. 

Sect.  19.  The  court  of  chancery  may  make  all  such  orders, 
injunctions  and  decrees,  necessary  to  carry  into  effect  the  provi- 
sions of  the  two  preceding  sections,  as  justice  and  equity  shall 
require. 

Sect.  20.  Such  receivers  shall  pay  all  debts  due  from  the  corpo- 
ration, if  the  funds  in  their  hands  shall  be  sufficient  therefor,  and 
if  not,  they  shall  distribute  the  same  ratably  among  all  the  credit- 
ors, who  shall  prove  their  debts  in  the  manner  that  shall  be  direct- 
ed by  any  order  or  decree  of  the  court  for  that  purpose,  and,  if 
there  shall  be  any  balance  remaining  after  the  payment  of  said 
debts,  the  receivers  shall  distribute  and  pay  the  same  to  and  among 
those  who  shall  be  justly  entitled  thereto,  as  having  been  stock- 
holders or  members  of  the  corporation,  or  their  legal  represent- 
atives. 

Sect.  21.  When  the  property  of  any  private  corporation  shall 
be  attached  on  a  writ  in  favor  of  a  person,  who  is  a  director  of  such 
corporation,  and  the  same  property  shall  be  afterwards  attached  at 
the  suit  of  another  creditor  of  the  same  corporation  who  is  not  a 
director,  and  before  the  time  when  by  law  the  first  attachment 
should  be  returned,  the  attachment  so  made  by  such  director  shall 
be  postponed,  and  such  subsequent  attachment  shall  hold  the  pro- 
perty against  the  attachment  of  such  director. 

La-ws  of  1846,  No.  22. 
An  Act  in  relation  to  Railroads. 

Sect.  1.  It  is  hereby  enacted^  fyc.  That  whenever  any  railroad 


VERMONT.  917 

corporation,  which  has  been,  or  may  be  chartered,  shall  reqnire, 
either  for  road-way  or  bnilding  materials,  any  lands,  the  owner  or 
owners  of  which  are  imknown,  or  where  there  are  conflicting 
claims  to  the  title,  or  where  such  lands  are  encumbered  by  mort- 
gages, attachments,  or  the  levy  of  execution,  or  otherwise,  (the  time 
of  redemption  not  having  expired)  such  corporation,  after  having 
the  damages  appraised  by  the  commissioners,  may,  if  they  think 
fit,  apply  by  petition  to  the  chancellor  of  the  judicial  district  in 
which  such  lands  are  situated,  setting  forth  all  the  circumstances 
of  the  case,  and  such  chancellor  may,  in  his  discretion,  order  the 
damages,  awarded  by  the  commissioners,  to  be  deposited  with  the 
clerk  of  the  court,  or  in  some  bank  in  the  county  where  such  land 
is  situated,  subject  to  the  order  of  such  person  or  persons  as  said 
chancellor  shall  decide  to  be  legally  and  equitably  entitled  to  the 
same;  or  subject  to  the  future  order  of  the  chancellor  of  said  dis- 
trict. 

Sect.  2.  No  final  decree  shall  be  made  in  such  case,  until  rea- 
sonable notice  shall  have  been  given  to  all  persons  interested, 
where  they  are  known,  and  resident  in  this  State,  of  the  filing  of 
such  petition ;  and  where  the  owners  are  unknown,  or  reside  with- 
out this  State,  such  notice  shall  be  given  as  such  chancellor  shall 
order,  by  publication  or  otherwise. 

Sect.  3.  Whenever,  for  the  purposes  aforesaid,  any  such  corpo- 
ration shall  require  lands  subject  to  dower,  or  to  an  estate  for  life, 
or  years,  the  commissioners  shall  appraise  the  damages  to  such 
right  of  dower,  or  other  estate  for  life,  or  for  years,  and  also  the 
damages  to  the  reversionary  interest. 

Sect.  4.  On  the  deposit  of  the  damages  awarded  under  the  order 
of  a  chancellor,  the  title  to  such  lands  shall  vest  in  such  corpora- 
tion, subject  to  the  right  of  appeal  as  in  other  cases. 

Sect.  5.  Whenever  any  such  sum,  so  deposited,  shall  remain  for 
six  months  undemanded,  the  chancellor  may  order  the  same 
invested  for  the  benefit  of  those  interested. 

Sect.  6.  No  notice  shall  be  required  to  be  given  of  the  appraisal 
of  unoccupied  lands,  unless  the  owner  or  owners  shall  reside  in 
this  State. 

Sect.  7.  Whenever  a  railroad  corporation  shall  have  paid,  or 
become  liable  to  pay,  land  damages  for  the  location  of  their  road, 
and  shall  afterwards  change  such  location,  and  occupy  other  lands 
of  the  same  land  owner,  to  whom  damages  shall  have  been  paid 
or  awarded,  such  lands,  first  located  upon,  shall,  on  the  comple- 

77* 


918         GENERAL  LAWS  CONCERNING  RAILROADS. 

tion  of  such  second  location,  revert  absolutely  to  such  land  owner; 
and  on  such  subsequent  location,  the  commissioners  shall  award 
no  other  or  greater  damages,  than  under  all  the  circumstances 
shall  be  just  and  equitable:  Provided^  that  in  case  the  damages 
on  the  first  location  shall  have  been  assessed  bj'-  the  commission- 
ers, and  an  appeal  taken  thereupon,  such  corporation  shall  pay  the 
costs  that  may  have  accrued  in  such  appeal,  and  cause  their  new 
location  to  be  recorded,  before  they  shall  be  allowed  to  take  any 
benefit  of  this  section. 

Sect.  S.  Whenever  it  shall  become  necessary  for  any  railroad 
corporation  to  layout  their  road  upon,  or  by  the  side  of  any  public 
highway,  (except  turnpikes)  except  for  crossing  the  same,  or  upon 
any  bridge  owned  by  the  town,  said  corporation  shall  give  notice 
of  their  intention  to  one  of  the  selectmen  of  the  town  in  which  such 
highway  is  situated  ;  and  if  such  railroad  corporation  cannot  agree 
with  the  selectmen  of  such  town,  on  some  road  to  be  worked,  or 
bridge  to  be  built  by  said  railroad  corporation,  in  lieu  of  such 
highway  or  bridge  so  occupied,  or  on  the  amount  of  damages  to 
such  town,  the  commissioners  appointed  to  appraise  the  land  dam- 
ages for  such  railroad  corporation  in  the  county,  shall  order  such 
railroad  corporation  to  build  such  road  or  bridge,  as  a  substitute 
for  the  highway  or  bridge  so  located  upon,  as  the  just  rights  of  the 
town  and  the  public  interest  shall  require;  and  upon  the  building 
of  the  bridge  or  road  so  ordered  to  be  built,  by  the  commissioners, 
the  said  public  road  or  bridge,  so  located  upon,  shall  vest  in  the 
said  railroad  corporation:  Provided^  that  either  party  shall  have 
the  same  right  of  appeal,  as  is  provided  in  case  of  land  damages, 
in  the  Act  of  incorporation  of  said  railroad  corporation. 

Sect.  9.  The  notice  to  land  owners,  required  to  be  given  by  the 
commissioners  appointed  to  appraise  land  damages,  shall  hereafter, 
in  all  cases,  be  three  days ;  and  neither  the  land  owner,  nor  the 
railroad  corporation  shall  be  required  to  attempt  to  agree  on  the 
amount  of  damages,  unless  they  think  fit. 

Sect.  10.  This  Act  shall  take  effect  from  its  passage.  Approved, 
November  3,  1S46. 

Laws  of  1847,  Xo.  22. 
An  Act  in  relation  to  Railroads. 

Sect.  1.  It  is  hereby  enacted^  6,*c.  That  all  railroad  companies 
incorporated,  or  which  may  be  incorporated,   under  the  authority 


VERMONT.  919 

of  this  State,  shall  have  power  to  make  contracts  and  arrange- 
ments with  each  other,  and  w^ith  railroad  corporations  of  other 
States,  for  leasing  or  running  their  roads,  or  any  part  thereof;  and 
also  to  contract  for,  and  hold,  in  fee  simple,  or  otherwise,  lands  or 
buildings  in  this,  or  other  States,  for  depot  purposes,  and  storing 
freights;  and  also  to  purchase  and  hold  such  personal  property  as 
shall  be  necessary  and  convenient,  for  carrying  into  effect  the 
object  of  this  Act. 

Sect.  2.  Railroad  companies  incorporated,  or  which  may  be 
incorporated  as  aforesaid,  shall  have  the  right  of  connecting  with 
each  other,  and  with  the  railroads  of  other  States,  on  such  terms 
as  shall  be  mutually  agreed  upon  by  the  corporations  interested  in 
such  connection;  and  may  enter  upon  and  take  lands,  so  far  as 
may  be  necessary  for  depot  accommodations;  subject  to  all  the 
provisions  and  conditions  of  their  several  Acts  of  incorporation. 
Approved^  November  6,  1847. 

Laws  of  1847,  No.  23. 

An  Act  for  the  prevention  and  punishment  of  the  -wilful  and  malicious  obstruction 

of  Railroads. 

Sect.  1.  It  is  hereby  enacted,  ^'c.  That  if  any  person  shall,  wil- 
fully and  maliciously,  displace  or  remove  any  railway-switch  or 
rail  of  any  railroad,  or  shall  break  down,  rip  up,  injure  or  destroy 
any  railroad  track,  or  railroad  bridge,  or  any  portion  thereof,  or 
place  any  obstruction,  whatever,  on  any  such  rail,  or  railroad 
track  or  bridge,  with  intent  that  any  person  or  property  passing  on 
and  over  such  railroad,  should  be  injured  thereby,  and  thereby 
shall  put  in  jeopardy  human  life,  every  such  person,  so  offending, 
shall  be  punished  by  confinement  to  hard  labor  in  the  State  prison, 
for  a  period  not  less  than  two  years,  according  to  the  degree  and 
aggravation  of  the  offence. 

Sect.  2.  If,  in  consequence  of  any  such  wilful  and  malicious 
displacing,  removal,  breaking  down,  ripping  up,  injuring,  destroy- 
ing, or  placing  any  obstruction,  as  in  the  preceding  section  men- 
tioned, with  the  intent  therein  set  forth,  any  person,  passing  on 
and  over  such  railroad,  shall  actually  suffer  any  bodily  harm,  or 
any  property  shall  be  injured,  such  actual  suffering  or  injury  shall 
be  taken  and  adjudged  as  an  additional  aggravation  of  the  offence, 
and  the  person  offending  shall  be  punished  accordingly,  by  such 


920  GENERAL  LAWS  COXCERNING  RAILROADS. 

further  confinement  to  hard  labor  in  the  State  prison,  as  the  cir- 
cumstances of  the  case  may  demand. 

Sect.  3.  If  any  person  shall,  wilfully  and  maliciously,  displace 
or  remove  any  railway-switch,  or  rail  of  any  railroad,  or  shall  break 
down,  or  rip  np,  injure,  or  destroy  any  railroad  track,  or  railroad 
bridge,  or  any  portion  thereof,  or  place  any  obstruction,  whatever, 
on  any  such  rail,  or  railroad  track,  or  bridge,  with  intent  that  any 
person  or  property,  passing  on  and  over  such  railroad,  should  be 
injured  thereby,  and  if,  in  consequence  thereof,  any  person  is  killed, 
or  the  life  of  any  person  is  lost,  every  person  so  offending,  shall 
be  deemed  and  taken  to  be  guilty  of  manslaughter,  and  shall  be 
liable  to  be  indicted  and  tried  for  the  crime  of  manslaughter. 
Approved.  November  11,  1847. 

Latts  of  1848,  No.  54. 

Resolution  authorizing  the  Governor  to  appoint  Commissioners  to  digest  and  pre- 
pare a  General  Law  relating  to  Railroad  Corporations. 

Resolved,  S^-c.  That  the  Governor  appoint  three  competent  per- 
sons, whose  duty  it  shall  be  to  digest  and  prepare  a  general  law, 
regulating  and  governing  all  railroad  companies  which  now  are, 
and  which  shall  hereafter  be,  incorporated  by  the  legislature,  and 
report  to  its  next  session. 

Laws  of  1849,  No.  13. 
An  Act  concerning  Railroad  Corporations. 

Sect.  1.  It  is  hereby  enacted,  ^'c.  That  in  every  case  where  a 
railroad  company  have  entered  upon,  taken  possession  of,  and  used 
land  and  real  estate  for  the  construction  and  accommodation  of 
their  railroad  ;  and  in  every  case  where  a  railroad  company  have, 
by  their  engineers,  agents  or  servants,  with  teams,  carriages  and 
tools,  or  otherwise,  entered  upon  land  contiguous  to  their  railroad, 
or  the  works  connected  therewith,  and  dug,  blasted,  and  carried 
away,  and  used,  any  stone,  gravel  or  earth,  or  taken  any  other 
materials  to  use  in  the  construction  of  their  road,  and  shall  not 
have  paid  the  owner  therefor,  nor,  within  two  years  from  such 
entry,  had  the  damages  appraised  by  commissioners,  and  an  award 
made  and  duly  delivered,  the  ordinary  courts  of  law  shall  have 
jurisdiction  thereof,  to  wit  :  justices  of  the  peace,  if  the  claim  does 


VERMONT.  921 

not  exceed  one  hundred  dollars,  and  the  county  court,  if  the  claim 
is  over  one  hundred  dollars  ;  and  any  person  claiming  damages  in 
such  case,  may  bring  suit  therefor,  in  the  usual  form,  at  any  time 
within  six  years  from  such  entry;  and  a  plea  or  notice  of  justifica- 
tion of  the  entry,  under  or  by  virtue  of  the  Act  incorporating  such 
company,  shall  not  bar  the  suit,  but  the  plaintiff,  in  any  such  case, 
shall  recover  only  his  actual  damages. 

Sect.  2.  This  Act  shall  take  effect  from  its  passage.  Approved, 
November  10,  1S49. 

Laws  of  1849,  No.  41. 
An  Act  in  relation  to  Railroad  Corporations. 

Sect.  1.  li  is  hereby  enacted,  ij'c-  That  all  railroad  companies, 
that  have  been,  or  that  shall  hereafter  be  incorporated,  under  the 
authority  of  this  State,  shall  have  all  the  powers  and  privileges,  and 
be  subject  to  all  the  duties,  liabilities,  and  other  provisions  contain- 
ed in  this  Act  respecting  such  corporations,  so  far  as  the  same  are 
consistent  with  their  respective  charters. 

Sect.  2.  No  petition  or  bill,  for  the  establishment  of  any  rail- 
road corporation,  or  for  extending  the  grant  or  charter  of  any  such 
corporation,  shall  be  acted  upon,  luiless  notice  thereof  shall  have 
been  published  in  a  newspaper,  or  two  newspapers,  if  so  many 
there  shall  be,  printed  in  each  of  the  counties  in  which  such  rail- 
road, or  the  extension  thereof,  shall  be  located  or  proposed  to  be 
located,  which  notices  shall  be  published  three  weeks  successively 
in  each  of  said  papers,  and  the  last  publication  shall  be  at  least 
three  weeks  previous  to  the  session  of  the  General  Assembly,  to 
which  said  petition  or  bill  shall  be  presented  ;  and  if  no  newspaper 
be  printed  in  such  county,  then  the  publication  shall  be  made  as 
aforesaid,  in  some  newspaper  printed  in  an  adjoining  county. 

Sect.  3.  Every  Act  of  incorporation  for  a  railroad  company,  shall 
confine  the  road  within  the  limits  indicated  by  the  notice  required 
in  the  preceding  section,  shall  specify  the  several  towns  through 
which  the  same  may  pass,  and  shall  otherwise  designate  the  route 
on  which  the  road  may  be  authorized  to  be  made,  with  as  much 
certainty  as  the  nature  of  each  case  will  admit. 

Sect.  4.  The  immediate  government  and  direction  of  the  affairs 
of  every  such  corporation,  shall  be  vested  in  a  board  of  not  less 
than  five  directors,  who  shall  be  chosen  by  the  members  of  the 


922  GENERAL    LAWS    GOXCERXIXCx    RAILROADS. 

corporation,  in  the  manner  hereinafter  provided,  and  shall  hold 
their  offices  until  others  shall  be  duly  elected  in  their  places:  and 
the  said  directors  shall  elect  one  of  their  own  number  to  be  presi- 
dent of  the  board,  who  shall  also  be  president  of  the  corporation  ; 
and  they  may  also  choose  a  clerk,  who  shall  reside  and  keep  his 
office  in  this  State,  and  who  shall  be  sworn  to  the  faithful  discharge 
oi  his  dntv.  and  a  treasurer,  and  also  such  subordinate  officers  as 
the  company,  by  its  by-laws,  may  designate,  who  shall  give  bonds 
to  the  corporation,  in  such  sum  as  shall  lie  required  by  the  by-laws, 
for  the  faithful  discharge  of  the  duties  of  their  office.  A  majority 
of  the  directors  shall  form  a  board,  and  shall  be  competent  to 
transact  the  business  of  the  company. 

Sect.  5.  At  all  meetings  of  the  corporation,  each  member  shall 
be  entitled  to  one  vote  for  each  share  held  by  him  :  Provided,  that 
he  shall  not  be  entitled  to  any  vote,  for  any  shares  beyond  one 
tenth  part  of  the  whole  number  of  shares  of  the  stock  of  such  cor- 
poration ;  and  all  meetings  shall  be  called  and  notified  in  such 
manner  as  shall  be  provided  in  the  by-laws  of  such  corporation. 

Sect.  6.  In  case  it  shall  happen  at  any  time,  that  an  election  of 
directors  shall  not  be  made  on  the  day  designated  in  the  by-laws 
of  any  railroad  company,  when  it  ought  to  have  been  made,  the 
company  for  that  reason  shall  not  be  dissolved,  if,  within  ninety 
days  thereafter,  they  shall  hold  an  election  for  directors  in  such 
manner  as  shall  be  provided  for  by  the  said  by-laws. 

Sect.  7.  The  shares  in  the  capital  stock  of  any  railroad  corpo- 
ration shall  be  deemed  personal  estate,  and  may  be  transferred  by 
any  conveyance  in  writing,  in  tlie  manner  provided  by  the  by-laws 
of  such  corporation,  and  shall  be  liable  to  attachment  and  sale 
under  legal  process,  in  the  manner  provided  by  chapter  seventy- 
nine  of  the  Revised  Statutes. 

Sect.  S.  The  commissioners  for  opening  books  of  subscription, 
named  in  any  Act  of  incorporation,  shall,  from  time  to  time,  after 
the  company  shall  be  incorporated,  open  books  of  subscription  to 
the  capital  stock  of  the  company,  in  such  places,  and  after  giving 
such  notice,  as  a  majority  of  them  shall  direct,  which  books  of 
subscription  shall  be  kept  open  until  all  the  capital  stock  shall  be 
subscribed,  if  the  corporation  shall  so  long  exist;  and  in  case  a 
greater  amount  of  stock  shall  be  subscribed  than  the  whole  capital 
stock  of  such  company,  the  commissioners  shall  distribute  such 
capital  stock  as  equally  as  possible  among  the  subscribers,  but  no 
share  thereof  shall  be  divided  in  making  such  distribution,  nor 


VERMONT.  923 

shall  a  greater  number  of  shares  be  allotted  to  any  subscriber,  than 
such  subscriber  shall  have  subscribed  for. 

Sect.  9.  Every  person,  at  the  time  of  subscribing  for  stock  in 
any  railroad  company,  shall,  at  the  time  of  subscribing,  pay  to  the 
commissioners  five  dollars  on  each  share  for  which  he  may  sub- 
scribe, and  shall,  if  required  by  the  commissioners,  give  security 
to  their  satisfaction  for  the  payment  of  fifteen  dollars  more  on  each 
share,  in  such  instalments  as  may  be  ordered  by  such  company: 
and  each  subscriber  shall  be  a  member  of  such  company.  All 
subscriptions  for  stock  shall  be  payable  absolutely,  and  no  secret 
agreement,  nor  any  understanding  or  condition  not  inserted  in  the 
terms  of  the  subscription,  shall  aiiect  the  right  of  the  corporation 
to  enforce  payment  thereof,  as  hereinafter  provided. 

Sect.  10.  As  soon  as  practicable,  after  said  stock,  or  such  portion 
thereof  as  may  be  prescribed  in  the  Act  of  incorporation,  shall 
have  been  subscribed,  the  commissioners  to  receive  subscriptions 
shall  give  at  least  ten  days'  notice  for  the  meeting  of  the  stock- 
holders, at  such  time  and  place  as  said  commissioners  shall  appoint, 
for  the  choice  of  directors,  by  publishing  the  same  in  such  news- 
papers as  they  shall  direct :  and  such  election  shall  then  be  made 
by  ballot,  by  the  stockholders  who  shall  attend  for  that  purpose, 
either  in  person  or  by  proxy.  Said  commissioners  shall  be  inspect- 
ors of  the  first  election  of  directors,  shall  openly  count  the  votes 
and  declare  the  result,  and  shall  certify  the  names  of  those  duly 
elected,  and  shall  also  deliver  to  said  directors  all  moneys  received 
by  such  commissioners  on  subscriptions  to  such  capital  stock,  and 
all  books  and  papers  in  their  possession  relating  to  such  subscrip- 
tions. The  time  and  place  for  the  first  meeting  of  said  directors 
shall  be  fixed  by  said  commissioners.  A  new  election  of  directors 
shall  be  made  annually,  at  such  time  and  place,  and  upon  such 
notice,  as  shall  be  designated  in  the  by-laws  of  the  corporation  ; 
but  if  the  by-laws  contain  no  provision  upon  the  subject,  then  at 
such  time  and  place,  and  upon  such  notice,  as  the  directors  shall 
designate. 

Sect.  11.  The  president  and  directors  of  every  railroad  corpora- 
tion, may.  from  time  to  time,  make  such  equal  assessments  on  all 
the  shares  in  said  corporation  as  they  may  deem  expedient  and 
necessary  for  the  purposes  of  the  corporation,  and  may  direct  the 
same  to  be  paid  to  the  treasurer,  who  shall  give  notice  thereof  to 
the  stockholders,  either  personally  or  by  letter  through  the  mail, 
or  by  publication  in  such  newspaper  as  the  directors  shall  desig- 


924         GENERAL  LAWS  COXCERNIXG  RAILROADS. 

nate ;  and  if  any  stockholder  shall  neglect  to  pay  his  assessments, 
for  the  space  of  thirty  days  after  notice  from  the  treasurer,  the 
directors  may  order  the  treasurer,  after  giving  notice  of  the  sale,  to 
sell  such  shares  at  public  auction,  to  the  highest  bidder,  and  the 
same  shall  accordingly  be  transferred  to  the  purchaser;  and  if  the 
shares  of  any  delinquent  stockholder  shall  not  sell  for  a  sum  sufii- 
cient  to  pay  his  assessment,  with  interest  and  charges  of  sale,  he 
shall  be  held  liable  to  the  corporation  for  any  deficiency;  and  if 
such  shares  shall  sell  for  more  than  the  assessment,  so  due,  with 
interest  and  charges  of  sale,  he  shall  be  entitled  to  the  surplus 
remaining  after  such  sale;  provided,  that  no  assessment  shall  be 
laid  upon  any  shares  in  such  corporation,  to  a  greater  amount  than 
the  sum  at  which  the  shares  shall  be  fixed  by  the  charter  of  such 
corporation,  or  by  any  vote  or  agreement  of  the  stockholders. 
The  purchasers  and  owners  of  the  shares  so  purchased,  shall  be 
liable  for  all  the  subsequent  assessments  thereon,  and  payment 
thereof  may  be  enforced  in  the  manner  above  provided. 

Sect.  12.  Every  railroad  corporation  may  lay  out  its  road,  not 
exceeding  five  rods  wide;  and  for  the  purpose  of  cuttings,  embank- 
ments, and  procuring  stone  and  gravel,  may  take  as  much  more 
land,  within  the  limits  of  its  charter,  in  the  manner  provided  in 
this  chapter,  as  may  be  necessary  for  the  proper  construction  and 
security  of  the  road. 

Sect.  13.  Every  railroad  corporation  may  purchase,  or  other- 
wise take  any  lands  or  materials,  necessary  for  the  purpose  of 
making  or  securing  their  railroad  ;  and  may  also  take,  by  purchase 
or  otherwise,  such  water,  and  in  such  quantity,  as  may  be  required 
for  the  use  of  the  road,  together  with  the  right  of  laying  down  all 
necessary  aqueducts,  for  the  conveyance  of  water,  and  of  entering 
upon  the  land,  and  constructing,  and  keeping  in  repair,  all  such 
aqueducts ;  and  if  they  shall  not  be  able  to  obtain  such  land  or 
materials,  such  water,  and  the  right  of  conveying  the  same,  by  an 
agreement  with  the  owner  thereof,  they  shall  pay  therefor  such 
damages,  as  shall  be  estimated  and  determined  by  the  commission- 
ers mentioned  in  section  fifteen  of  this  Act. 

Sect.  14.  No  land  or  materials,  without  the  limits  of  said  road, 
shall  be  so  taken,  without  the  permission  of  the  owner  thereof, 
unless  the  commissioners,  on  the  application  of  such  corporation, 
and  after  notice  to  the  owner,  shall  first  prescribe  the  limits  within 
which  land  or  materials  shall  be  so  taken  as  aforesaid. 

Sect.  15.  Whenever  any  railroad  corporation  shall  not   have 


VERMONT.  925 

acquired,  by  gift  or  purchase,  any  land,  real  estate,  or  property, 
taken  or  required  for  the  construction   and  maintenance  of  their 
road,  and  the  convenient  accommodation  of  the  same,  and  in  case 
of  a  disagreement  about  the  price  of  such  lands  and  other  pro- 
perty, any  two  of  the  judges  of  the  supreme  court,  upon  apphca- 
tion  for  that,  purpose,  by  such  company,  shall  appoint  three  dis- 
interested commissioners    to   determine   the  damages  which    the 
owner  or  owners  of  such  lands  or  property  may  have  sustained, 
or  shall  be  likely  to  sustain,  by  the  occupation  of  the  same  for  the 
purposes  aforesaid  ;  and  upon  the  payment  of  the  damages  deter- 
mined upon  by  such  commissioners,  with  the  costs  and  charges 
thereupon  accruing,  by  said  company,  or  upon  the  deposit  of  the 
same  by  such  company  in  such  bank,  or  with  said  clerk  of  the 
supreme  court,  as  said  commissioners  shall  direct,  to  the  credit  of 
the  person  or  persons  to  whom  such  damages  have  been  awarded, 
such  bank  or  clerk  giving  notice  personally,  or  by  letter  through 
the  post-office,  to  such  persons  that  such  deposit  has  been  made, 
such  company  shall  be  deemed  to  be  seised  and  possessed  of  all 
such   lands  or  other  property  as  shall  have  been  appraised  by  said 
commissioners.     One  of  said  commissioners  shall  be  an  inhabitant 
of  the  town  in  which  the  land  or  other  property  to  be  appraised  is 
situated,  and  all  of  said  commissioners  shall  be  inhabitants  of  the 
county  in  which  such  property  is  situated,  and  said  commissioners 
shall  give  twelve  days'  notice  to  the  occupants  or  owners  of  the 
lands  to  be  appraised,  of  the  time  and  place  when  and  where  they 
will   attend  to  such  appraisal ;  and  when  such  appraisal  is  made, 
they  shall  within  twenty  days,  notify  the  owner,  if  known,  of  the 
amount  thereof,  and  deliver  to  said  company  a  written  statement 
of  the  same,  with  a  description  of  the  land  or  other  property  so  by 
them  appraised,  which,  within  thirty  days  thereafter,  said  company 
shall  cause  to  be  recorded   in  the  town  clerks'  office  of  the  town 
where  such  lands  or  other  estate  lie  ;  and  in  case  the  owner  of  such 
lands  or  estate  shall  be  a  married  woman,  an  infant,  idiot,  or 
insane,  or  shall  not  reside  in   this  State,  or  shall  not  be  known, 
then  said  company  shall  cause  the  damages  sustained  by  such 
owners  to  be  determined  in  the  manner  above  prescribed,  and  shall 
pay  the  same  to  the  lawful   owners,  when  demanded,  with  the 
interest  thereon,  which  said  damages  and  interest  shall  be  a  specific 
lien  upon  the  real  estate  of  such  company,  and  be  preferred  before 
any  other  demand  against  said  company. 
Sect.  16.  Should  the  company,  or  the  owner  of  any  land  or 

78 


926         GENERAL  LAWS  CONCERNIXG  RAILROADS.  ,     | 

property,  feel  aggrieved  by  the  decision  of  the  commissioners, 
either  party  may,  within  ninety  days  after  the  date  of  such  award, 
appeal  to  the  county  court  in  the  county  where  the  land  or  other 
property  lies;  and  such  court  shall  thereupon  appoint  three  com- 
missioners, one  of  whom  shall  be  an  inhabitant  of  the  county  in 
wdiich  such  land  or  property  is  situated;  and  the  decision  of  such 
court  shall  be  final  upon  the  report  of  said  commissioners,  and 
costs  may,  in  the  discretion  of  such  court,  be  taxed  and  allowed  to 
either  party  :  Provided^  that  no  appeal  shall  be  taken  by  the  cor- 
poration, after  deposit  of  the  amount  of  the  award,  nor  shall  an 
appeal  be  taken  by  the  land  holder  or  owner,  after  acceptance  of 
the  amount  of  the  award. 

Sect.  17.  At  least  ten  days  before  any  appraisal  shall  be  made 
by  the  commissioners  of  any  lands  or  other  property  taken  by  any 
railroad  corporation,  for  the  purposes  of  the  road,  such  corporation 
shall  deliver  to  the  owner,  or  deposit  in  the  town  clerk's  oflice  in 
the  town  in  which  the  same  is  situate,  a  plan  or  description,  in 
writing,  of  the  land  or  property  so  taken. 

Sect.  18.  Whenever  any  railroad  corporation,  which  has  been 
or  may  be  chartered,  shall  require,  either  for  roadway  or  building 
materials,  any  lands,  the  owner  or  owners  of  which  are  unknown, 
or  where  there  are  conflicting  claims  to  the  title,  or  where  such 
lands  are  encumbered  by  mortgages,  attachments,  or  the  levy  of 
executions,  or  otherwise,  such  corporation,  after  having  the  dam- 
ages appraised  by  the  commissioners,  may,  if  they  think  fit,  apply, 
by  petition,  to  the  chancellor  of  the  district  in  which  such  lands 
are  situated,  and  such  chancellor  may,  in  his  discretion,  order  the 
damages  awarded  by  the  commissioners,  to  be  deposited  with  the 
clerk  of  the  court,  or  in  some  bank  in  the  county  where  such  land 
is  situated,  subject  to  the  order  of  such  person  or  persons  as  said 
chancellor  shall  decide  to  be  legally  and  equitably  entitled  to 
the  same,  or  subject  to  the  future  order  of  the  chancellor  of  said 
district. 

Sect.  19.  No  final  decree  shall  be  made  in  such  case,  until  rea- 
sonable notice  shall  have  been  given  to  all  persons  interested, 
where  they  are  known,  and  resident  in  this  State,  of  the  filing  of 
such  petition;  and  when  the  owners  are  unknown,  or  reside  with- 
out this  State,  such  notice  shall  be  given  as  the  chancellor  shall 
order,  by  publication  or  otherwise. 

Sect.  20.  On  the  deposit  of  the  damages  awarded  under  the 
order  of  a  chancellor,  the  title  to  such  lands  shall  vest  in  such 


VERMONT.  927 

corporation,  subject  to  the  right  of  appeal  as  in  other  cases,  and  if 
the  sum  so  deposited  shall  remain  for  six  months  undemanded, 
the  chancellor  may  order  the  same  invested  for  the  benefit  of  those 
interested. 

Sect.  21.  No  notice  shall  be  required  to  be  given  of  the  appraisal 
of  unoccupied  lands,  unless  the  owner  or  owners  shall  reside  in 
this  State,  or  has  some  known  agent  or  attorney  residing  therein  ; 
and  if  there  be,  the  same  notice  shall  be  given  to  such  agent  or 
attorney  as  is  directed  to  be  given  to  the  occupant  or  owner,  in 
section  fifteen  of  this  Act. 

Sect.  22.  Whenever  a  railroad  corporation  shall  have  paid,  or 
become  liable  to  pay,  land  damages  for  the  location  of  their  road, 
and  shall  afterwards  change  such  location  and  occupy  other  lands 
of  the  same  land  owner  to  whom  damages  shall  have  been  paid  or 
awarded,  such  land  first  located  upon  shall,  on  the  completion  of 
such  second  location,  revert  absolutely  to  such  land  owner,  and  on 
such  subsequent  location,  the  commissioners  shall  award  no  other 
or  greater  damages  than  under  all  the  circumstances  shall  be  just 
and  equitable ;  and  if  the  damages  awarded  on  such  second  loca- 
tion shall  be  less  than  the  damages  awarded  on  the  first  location, 
the  corporation  may  recover  the  difference,  if  paid  from  such  land 
owner,  and  if  awarded  and  not  paid,  may  retam  the  difference, 
and  shall  not  be  liable  to  pay  the  same  :  Provided^  that  in  case  the 
damages  on  the  first  location  shall  have  been  assessed  by  the  com- 
missioners, and  an  appeal  taken  therefrom  and  be  pending,  such 
corporation  shall  pay  the  costs  that  may  have  accrued  in  such 
appeal,  and  cause  their  new  location  to  be  recorded,  before  they 
shall  be  allowed  to  take  any  benefit  of  this  section. 

Sect.  23.  If  the  location  of  any  railroad  shall  be  changed,  after 
the  payment  of  damages  to  any  land  owner,  and  no  portion  of  the 
lands  of  such  owner  shall  be  taken  for  the  new  location,  then  the 
lands  so  taken  for  said  first  location  shall  revert  absolutely  to  the 
owner,  as  provided  in  the  preceding  section;  and  such  railroad 
corporation  shall  have  the  right  to  recover  from  such  land  owner 
the  amount  so  paid  as  damages,  deducting  therefrom  the  damages 
which  shall  have  actually  accrued  to  such  owner,  in  consequence 
of  locating  said  railroad  across  said  lands,  which  damages  shall  be 
ascertained  by  the  commissioners  in  the  manner  provided  in  this 
Act,  for  determining  land  damages  upon  the  location  of  any  rail- 
road :  Provided^  however^  that  such  land  owner  may,  if  he  chooses, 
convey  to  such  company  the  land  so  located  upon,  and  in  that 
case  may  retain  the  sum  so  awarded. 


928  GENERAL  LAWS  COXCERNING  RAILROADS. 

Sect.  24.  If  the  location  of  any  such  road  shall  have  been 
changed,  as  mentioned  in  the  preceding  section,  and  the  damages 
shall  have  been  awarded  and  not  paid,  the  land  first  located  npon 
shall  revert  to  the  owner  thereof,  and  the  corporation  shall  not  be 
reqnired  to  pay  the  sum  so  awarded,  but  shall  pay  to  snch  owner 
all  damages  which  may  have  accrued  to  him  by  reason  of  such 
location,  to  be  determined  by  said  commissioners. 

Sect.  25.  Every  such  corporation  may  cause  such  examinations 
and  surveys  for  the  proposed  railroad  to  be  made,  as  may  be  neces- 
sary to  the  selection  of  the  most  advantageous  route  for  the  rail- 
road ;  and  for  such  purpose,  by  their  officers,  agents,  and  servants, 
may  enter  upon  lands  or  waters  of  any  person,  but  subject  to 
responsibility  for  all  damages  which  they  shall  do  thereto  ;  but  for 
no  other  purpose,  without  the  consent  of  the  owner,  shall  they  be 
permitted  to  make  such  entry,  until  the  damages  have  been  agreed 
upon  by  the  parties,  or  ascertained  and  paid  to  the  owner,  or 
deposited  as  hereinbefore  directed. 

Sect.  26.  If,  after  the  laying  out  and  making  of  any  railroad, 
already  granted,  or  which  may  hereafter  be  granted,  any  turnpike 
road  or  other  way  shall  be  so  laid  out  as  to  cross  said  railroad,  the 
said  turnpike  road  or  way  may  be  so  made  as  to  pass  under  or 
over  said  railroad,  and  said  turnpike  or  way  shall  in  all  cases  be 
so  made  as  not  to  obstruct  or  injure  such  railroad. 

Sect.  27.  Whenever  it  shall  become  necessary  for  any  railroad 
corporation  to  lay  out  their  road  upon,  or  by  the  side  of  any  turn- 
pike, highway,  or  way,  or  upon  any  bridge  owned  by  a  town  or 
turnpike  corporation,  said  corporation  shall  give  notice  thereof  to 
one  of  the  directors  of  such  turnpike,  or  to  one  of  the  selectmen  of 
such  town ;  and  if  such  railroad  corporation  cannot  agree  with  the 
selectmen  of  the  town,  or  with  the  turnpike  directors,  on  some 
road  to  be  worked,  or  bridge  to  be  built  by  the  railroad  corpora- 
tion, in  lieu  of  snch  road  or  bridge,  or  on  the  amount  of  damages, 
the  commissioners,  appointed  to  appraise  land  damages  for  such 
railroad  corporation,  shall  direct  said  corporation  to  build  such 
road  or  bridge,  as  a  substitute  for  the  road  or  bridge  so  located 
upon,  as  the  interest  of  the  public  and  the  parties  shall  require; 
and  upon  the  construction  of  such  road  or  bridge,  the  road  or 
bridge  so  located  upon  shall  vest  in  said  corporation  :  Provided^ 
that  any  railroad  corporation,  turnpike  corporation,  town,  or  indi- 
vidual, owning  land  adjacent  to  said  road  or  bridge,  so  entered 
upon,  crossed,  or  altered,  shall  have  the  same  right  of  appeal  from 


VERMONT.  929 

the  decision  of  the  selectmen  or  commissioners,  as  is  provided  for 
in  the  fifteenth  section  of  this  Act. 

Sect.  28.  Any  railroad  may  be  so  laid  out  as  to  cross  any  turn- 
pike or  other  way ;  and  the  corporation  may  raise  or  lower  such 
turnpike  or  way,  for  the  purpose  of  having  their  railroad  pass  over 
or  under  the  same.  If  any  railroad  corporation,  which  has  been 
or  may  be  established,  shall  think  proper  to  alter  the  course  of  any 
turnpike  or  other  way,  where  it  is  crossed  by  their  railroad,  for 
the  purpose  of  facilitating  the  crossing  of  the  same,  they  may  alter 
the  same  accordingly.  Before  proceeding  to  make  any  alteration 
in  such  turnpike  or  way,  said  railroad  corporation  shall,  in  writing, 
notify  one  of  the  directors  of  the  corporation  owning  such  turnpike, 
or  one  of  the  selectmen  of  the  town  in  which  such  way  is  situated ; 
and  if  such  corporation  cannot  agree  with  said  selectmen,  or  turn- 
pike directors,  as  to  such  alterations,  or  manner  of  crossing,  the 
commissioners  named  in  the  preceding  section  shall  determine  the 
same. 

Sect.  29.  Such  corporation  may  take  such  additional  lands,  for 
the  purposes  mentioned  in  the  two  last  preceding  sections,  as  said 
commissioners  siiall  judge  necessary.  Unless  the  lands  so  taken 
shall  be  purchased  or  voluntarily  given  for  the  purposes  aforesaid, 
compensation  therefor  shall  be  determined  by  said  commissioners, 
as  in  other  cases,  and  duly  made  by  said  railroad  corporation,  to 
the  owners  and  persons  interested  in  such  lands ;  the  same,  when 
so  taken,  on  compensation  made,  to  become  part  of  such  turnpike 
or  way,  in  such  manner  and  by  such  tenure  as  the  adjacent  parts 
of  the  same  turnpike  or  way  may  be  held  for  highway  purposes. 
Provided^  said  land  owners  and  said  corporation  shall  have  the 
same  right  of  appeal  as  in  other  cases  of  land  damages. 

Sect.  30.  All  alterations  made  in  any  turnpike  or  way,  under 
the  three  preceding  sections,  shall,  if  made  by  said  commissioners, 
be  signed  by  them,  and  if  agreed  upon  by  the  parties,  shall  be 
signed  by  the  turnpike  directors  or  selectmen  of  the  town,  and 
duly  recorded  in  the  town  clerk's  office. 

Sect.  31.  Any  railroad  corporation,  after  having  taken  land,  for 
any  portion  of  their  road,  may,  if  they  shall  find  it  expedient,  vary 
the  direction  of  the  road  in  the  place  where  such  land  is  situated; 
provided  they  shall  not  thereby  locate  their  road,  or  any  part 
thereof,  without  the  limits  prescribed  by  their  Act  of  incorporation ; 
and  they  shall,  before  the  time  required  by  law  for  completing 
their  road,  file  the  location  of  the  different  parts  of  the  road,  when 

78* 


930         GENERAL  LAWS  CONCERNING  RAILROADS. 

such  variations  are  made,  with  the  town  clerks  of  the  respective 
towns,  where  said  parts  of  the  road  are  situated,  who  shall  record 
the  same. 

Sect.  32.  On  the  application  of  any  railroad  corporation,  the 
commissioners  for  the  assessment  of  land  damages  may,  after 
notice  and  hearing  in  the  case,  authorize  an  original  location  of  a 
railroad  to  be  made,  or  an  existing  location  to  be  altered,  in  any 
part  thereof,  if  the  same  becomes  necessary,  without  the  limits 
prescribed  by  the  charter  of  such  corporation ;  provided,  that  if 
such  location  or  alteration  is  prayed  for  in  a  road,  which  lies  in 
two  or  more  counties,  the  said  commissioners  of  either  county, 
may  hear  and  judge  thereon. 

Sect.  33.  Every  railroad  corporation  shall  cause  the  location  of 
their  road,  in  each  town  through  which  it  passes,  to  be  recorded 
in  the  respective  town  clerks'  offices  of  said  towns,  within  two 
years  from  passing  the  Act  of  incorporation,  which  location  shall 
be  signed  by  a  majority  of  the  directors  thereof,  and  shall  define 
the  courses,  distances,  and  boundaries  of  the  same. 

Sect.  34.  All  railroad  companies  incorporated,  or  which  may  be 
incorporated,  under  the  authority  of  this  State,  shall  have  power 
to  make  contracts  and  arrangements  with  each  other,  and  with 
railroad  corporations  of  other  States,  for  leasing  or  running  their 
roads,  or  any  part  thereof;  and  also,  to  contract  for,  and  hold,  in 
fee  simple,  or  otherwise,  lands  or  buildings,  in  this  or  other  States, 
for  depot  purposes,  and  storing  freights;  and  also  to  purchase  and 
hold  such  personal  property  as  shall  be  necessary  and  convenient 
for  carrying  into  effect  the  object  of  this  section.  Said  companies 
shall  also  have  the  right  of  connecting  with  each  other,  and  with 
the  railroads  of  other  States,  on  such  terms  as  shall  be  mutually 
agreed  upon  by  the  corporations  interested  in  such  connection. 

Sect.  35.  If  any  person  shall  wilfully  and  maliciously  displace 
or  remove  any  railway  switch,  or  rail  of  any  railroad,  or  shall 
break  down,  rip  up,  injure,  or  destroy  any  railroad  track,  or  rail- 
road bridge,  or  any  portion  thereof,  or  place  any  obstruction  Avhat- 
ever  on  any  such  rail,  or  railroad  track,  or  bridge,  with  intent  that 
any  person  or  property  passing  on  and  over  such  railroad  shonld 
be  injured  thereby,  and  thereby  shall  put  in  jeopardy  human  life, 
every  such  person,  so  offending,  shall  be  punished  by  confinement 
to  hard  labor  in  the  state  prison  for  a  period  not  less  than  two  years. 
And  if,  in  consequence  of  any  such  Act,  done  with  the  intent 
aforesaid,  any  person,  passing  on  and  over  such  railroad,  shall 


VERMONT.  931 

actually  suffer  any  bodily  harm,  or  any  property  shall  he  injured, 
such  actual  suffering  or  injury  shall  aggravate  the  offence,  and  the 
person  offending  shall  be  punished  accordingly,  by  such  further 
confinement  to  hard  labor  in  the  state  prison  as  the  circumstances 
of  the  case  may  demand. 

Sect.  36.  If  any  person  shall  wilfully  and  maliciously  displace 
or  remove  any  railway  switch,  or  rail  of  any  railroad,  or  shall 
break  down,  rip  up,  injure,  or  destroy  any  railroad  track,  or  rail- 
road bridge,  or  fence,  or  any  portion  thereof,  or  place  any  obstruc- 
tion whatever  on  any  such  rail,  or  railroad  track,  or  bridge,  or 
shall  do,  or  cause  to  be  done,  any  act  or  acts  whatever,  whereby 
any  engine,  machine,  or  structure,  or  any  matter  or  thing  apper- 
taining thereto,  shall  be  stopped,  obstructed,  impaired,  weakened, 
injured,  or  destroyed,  with  intent  that  any  person  or  property, 
passing  on  and  over  such  railroad,  should  be  injured  thereby,  and 
if,  in  consequence  thereof,  any  person  is  killed,  or  the  life  of  any 
person  is  lost,  every  person  so  offending  shall  be  deemed  guilty  of 
manslaughter,  and  shall  be  liable  to  be  indicted  and  tried  for  the 
crime  of  manslaughter. 

Sect.  37.  If  any  person  shall  wilfully  do,  or  cause  to  be  done, 
any  act  or  acts  whatever,  whereby  any  building,  fence,  construc- 
tion, or  work  of  any  such  corporation,  or  any  engine,  machine,  or 
structure,  or  any  matter  or  thing  appertaining  to  the  same,  shall 
be  stopped,  obstructed,  impaired,  weakened,  injured,  or  destroyed, 
the  person  so  offending  shall  be  guilty  of  a  misdemeanor,  and  shall 
also  forfeit  and  pay  to  the  said  corporation  double  the  amount  of 
damages  sustained  by  means  of  such  offence. 

Sect.  38.  A  bell,  of  at  least  thirty  pounds  weight,  shall  be  placed 
on  each  locomotive  engine,  and  be  rung  at  the  distance  of  at  least 
eighty  rods  from  the  place  where  the  railroad  shall  cross  any  road 
or  street  on  the  same  grade,  and  be  kept  ringing  until  it  shall  have 
crossed  such  road  or  street;  the  steam  whistle  may  be  blown  in 
lieu  of  ringing  said  beU. 

Sect.  39.  Every  railroad  corporation  shall  cause  boards  to  be 
placed,  well  supported  by  posts  or  otherwise,  and  constantly  main- 
tained, across  each  public  road  or  street,  where  the  same  is  crossed 
by  the  railroad  on  the  same  level;  said  boards  shall  be  elevated  so 
as  not  to  obstruct  the  travel,  and  to  be  easily  seen  by  travellers; 
and  on  each  side  of  said  boards  shall  be  painted  in  capital  letters, 
of  at  least  the  size  of  twelve  inches  each,  the  words —  "  Look  out 
for  the  EfigineJ' 

Sect.  40.  If  any  railroad  corporation  shall  unreasonably  neglect 


932  GENERAL  LAWS  CONCERNING  RAILROADS. 

or  refuse  to  comply  with  the  requisitions  contained  in  the  two  pre- 
ceding sections,  they  shall  forfeit,  for  every  such  neglect  or  refusal, 
a  sum  not  exceeding  one  thousand  dollars. 

Sect.  41.  The  directors  of  every  such  corporation  shall,  from 
year  to  year,  make  report  to  the  legislature,  under  the  oath  of  the 
President  or  one  of  the  board,  of  their  acts  and  doings,  receipts 
and  expenditures,  under  the  provisions  of  their  charter,  the  first  of 
which  reports  shall  be  made  within  one  year  after  the  organization 
of  the  corporation,  and  the  others  shall  be  made  on  or  before  the 
third  Thursday  of  October  in  every  succeeding  year;  and  their  books 
shall  at  all  times  be  open  to  the  inspection  of  any  committee  of  the 
legislature  appointed  for  that  purpose:  and  if  such  corporation 
shall  unreasonably  refuse  or  neglect  to  make  such  reports,  they 
shall,  for  every  such  refusal  or  neglect,  forfeit  a  sum  not  exceeding 
five  thousand  dollars. 

Sect.  42.  Every  such  corporation  may  establish,  for  their  sole 
benefit,  a  toll  upon  all  passengers  and  property  conveyed  or  trans- 
ported on  their  railroad,  at  such  rates  as  may  be  determined  by 
the  directors  of  the  corporation  ;  and  may,  from  time  to  time,  regu- 
late such  conveyance  and  transportation,  the  weight  of  loads,  and 
all  other  things  in  relation  to  the  use  of  such  road,  as  the  directors 
shall  determine :  Provided^  that  the  supreme  court  may,  at  any 
stated  session  holden  in  any  county  through  wiiich  said  road  passes, 
on  the  application  of  ten  freeholders  of  such  county,  and  due  notice 
thereof  to  the  corporation,  from  time  to  time,  as  they  shall  deem 
expedient,  alter  or  reduce  such  rates  of  toll,  according  to  the  pro- 
visions, if  any,  contained  in  the  charters  of  such  corporations;  but 
the  said  tolls  shall  not,  without  the  consent  of  the  corporation,  be 
so  reduced  as  to  produce,  with  said  profits,  less  than  ten  per  centum 
per  annum. 

Sect.  43.  The  State  may,  at  any  time  during  the  continuance  of 
the  charter  of  any  railroad  corporation,  after  the  expiration  of 
twenty  years  from  the  opening  of  said  railroad  for  use,  purchase 
of  the  corporation  the  said  railroad,  and  all  the  franchise,  property, 
rights,  and  privileges  of  the  corporation,  by  paying  them  therefor 
such  a  sum  as  will  reimburse  them  the  amount  of  capital  paid  in, 
with  a  net  profit  thereon  of  ten  per  cent,  per  annum  from  the  time 
of  the  payment  thereof  by  the  stockholders  to  the  time  of  such 
purchase. 

Sect.  44.  Each  railroad  corporation  shall  erect  and  maintain 
fences  on  the  sides  of  their  road,  (so  far  as  the  same  shall  be  neces- 
sary,) of  the  height  and  strength  of  a  division  fence  as  required  by 


VERMONT.  933 

law,  and  farm  crossings  of  the  road  for  ihe  use  of  the  proprietors 
of  lands  adjoining  such  railroad,  and  also  construct  and  maintain 
cattle  guards  at  all  farm  and  road  crossings,  suitable  and  sufficient 
to  prevent  cattle  and  animals  from  getting  on  to  the  railroad. 
Until  such  fences  and  cattle  guards  shall  be  duly  made,  the  corpo- 
ration and  its  agents  shall  be  liable  for  all  damages,  which  shall 
be  done  by  their  agents  or  engines  to  cattle,  horses,  or  other  ani- 
mals thereon,  if  occasioned  by  want  of  such  fences  and  cattle 
guards,  and  after  such  fences  and  guards  shall  be  duly  made,  the 
corporation  shall  not  be  liable  for  any  such  damages,  unless  negli- 
gently or  wilfully  done;  and  if  any  person  shall  ride,  lead,  or  drive 
any  horse  or  other  animal,  upon  such  road,  and,  and  within  such 
fences  and  guards,  other  than  at  road  and  farm  crossings,  without 
the  consent  of  the  corporation,  he  shall  for  every  such  offence  forfeit 
a  sum  not  exceeding  ten  dollars,  to  be  recovered  by  such  corporation 
in  an  action  on  the  case,  and  shall  also  pay  all  damages  which 
shall  be  sustained  thereby  to  the  party  aggrieved. 

Sect.  45.  The  provision  in  the  preceding  section,  requiring  such 
corporations  to  erect  and  maintain  fences,  shall  not  apply  to  any 
case,  where  the  corporation  shall  have  settled  with  and  paid  the 
land  owner  for  building  and  maintaining  such  fence.  And  if  any 
person,  having  been  thus  settled  with  and  paid  for  keeping  any 
such  fence  in  repair,  shall  neglect  so  to  do,  such  railroad  corpora- 
tion may  make  such  repairs,  and  recover  the  necessary  expense 
thereof  of  such  person  or  his  grantee. 

Sect.  46.  If  the  parties  cannot  agree  upon  the  plan,  or  manner, 
or  number  of  farm  crossings,  mentioned  in  section  forty-four  of 
this  Act,  the  same  shall  be  determined  by  the  commissioners  :  Pro- 
vided, that  the  commissioners  shall  not  be  required  to  order  farm 
crossings  to  be  made,  when  the  costs  of  construction  shall  exceed 
the  value  of  the  land  to  be  accommodated  thereby ;  but  in  such 
cases  the  commissioners  shall  award  such  damages,  in  lieu  thereof, 
as  shall  be  just  and  equitable. 

Sect.  47.  If  any  horse  or  other  beast  shall  be  found  going  at 
large,  within  the  limits  of  any  railroad,  after  the  same  is  opened 
for  use,  the  person,  through  whose  fault  or  negligence  such  horse 
or  other  beast  shall  be  so  found,  shall,  for  every  such  offence,  for- 
feit a  sum  not  exceeding  twenty  dollars,  for  every  horse  or  other 
beast  so  found  going  at  large,  and  shall  also  be  liable  for  any  dam- 
ages thereby  sustained  by  any  person,  to  be  recovered  in  an  action 
on  the  case,  by  the  person  sustaining  such  damages. 


934         GENEKAL  LAWS  CONCERNING  RAILROADS. 

Sect.  48.  No  locomotive  engine  or  other  power  shall  be  allowed 
to  run  upon  any  railroad  constructed  by  authority  of  this  State, 
except  such  as  belong  to,  p.nd  are  controlled  by,  the  corporation 
owning  and  managing  such  road,  unless  by  the  consent  of  such 
corporation. 

Sect.  49.  Every  railroad  corporation,  which  may  be  the  owner 
of  any  railroad  in  use,  is  hereby  required,  at  reasonable  times,  and 
for  a  reasonable  compensation,  to  draw  over  their  road  the  passen- 
gers, merchandise,  and  cars  of  any  other  railroad  corporation,  which 
has  been,  or  may  hereafter  be,  authorized  by  the  legislature  to 
enter  with  their  railroad  upon,  or  to  unite  the  same  with,  the  road 
of  such  corporation,  and  use  said  last  named  road.  And  if  the 
respective  corporations,  whose  roads  are  so  united,  shall  be  unable 
to  agree  upon  the  place  of  union,  or  the  compensation  so  as  afore- 
said to  be  paid,  the  supreme  court,  upon  the  petition  of  either 
party,  and  upon  notice  to  the  other  party,  shall  appoint  three  com- 
missioners, who  shall,  upon  due  notice  to  the  parties  interested, 
proceed  to  determine  and  fix  upon  the  place  and  manner  of  uniting, 
and  such  rate  of  compensation.  And  the  award  of  said  commission- 
ers, or  a  major  part  of  them,  shall  be  binding  upon  the  respective 
corporations  interested  therein,  until  the  same  shall  have  been 
revised  or  altered  by  commissioners  appointed  as  aforesaid ;  but 
no  such  revision  or  alteration  sliall  be  made  by  such  commission- 
ers within  one  year  after  such  decision  and  award  shall  have  been 
made. 

Sect.  50.  The  said  commissioners  shall,  upon  the  application  of 
either  party,  if  the  respective  corporations  cannot  agree  upon  the 
same,  also  determine  the  stated  periods  at  which  said  cars  are  to 
be  drawn  as  aforesaid,  having  reference  to  the  convenience  and 
interest  of  said  corporations,  and  of  the  public  who  will  be  accom- 
modated thereby. 

Sect.  51.  The  compensation  of  said  commissioners,  for  their  ser- 
vices and  expenses,  shall  be  paid  by  the  respective  corporations 
interested  therein,  in  equal  proportions. 

Sect.  52.  Any  railroad  company  may  construct  their  road  across 
the  track  of  any  other  such  corporation  already  chartered,  if  the 
right  so  to  do  is  reserved  in  the  Act  creating  such  last  mentioned 
corporation,  and  may  also  cross  any  other  railroad  hereafter  grant- 
ed, at  any  point  on  its  route,  and  upon  the  grounds  of  such  other 
company.  And  if  the  two  corporations  cannot  agree  upon  the 
amount  of  compensation  to  be  paid  therefor,  or  the  points  and 


VERMONT.  935 

manner  of  snch  crossings,  the  same  shall  be  ascertained  and  deter- 
mined by  commissioners,  to  be  appointed  and  paid  in  the  manner 
provided  in  the  three  preceding  sections. 

Sect.  53.  Every  railroad  company  in  this  State  shall  require 
sufficient  security  from  the  contractors  for  the  payment  of  all  labor 
performed  in  constructing  the  road  of  such  company  by  persons  in 
their  employ  ;  and  such  company  shall  be  liable  to  the  day  laborers 
employed  by  the  contractors,  for  labor  actually  performed  on  their 
road ;  but  such  liability  shall  not  exist,  imless  the  person  having 
such  claim  shall,  in  Avriting,  within  forty  days  after  the  perform- 
ance of  such  labor,  notify  the  engineer  in  charge  of  the  section  on 
which  the  labor  was  performed,  that  he  has  not  been  paid  by  the 
contractors. 

Sect.  54.  If  any  person  shall,  while  in  charge  of  a  locomotive 
engine  running  upon   the  railroad  of  any  corporation,  or  while 
acting  as  the  conductor  of  a  car,  or  train  of  cars,  on  any  such  rail- 
road, be  intoxicated,  he  shall  be  deemed  guilty  of  a  misdemeanor. 
Sect.  55.  Any  railroad  corporation  shall,  when  applied  to  by  the 
postmaster-general,  convey  the  mail  of  the  United  States  on  their 
road  ;  and  in  case  such  corporation  shall  not  agree  with  said  post- 
master-general as  to  the  rate  of  compensation  therefor,  and  as  to 
the  time,  rate,  and  speed,  manner  and  condition  of  carrying  the 
same,  the  governor  of  the  State  may  appoint  three  commissioners, 
who,  or  a  majority  of  them,  after  twenty  days'  notice  in  writing  of 
the  time  and  place  of  meeting  to  the  corporation,  shall  determine 
and  fix  the  prices,  terms,  and  conditions  aforesaid  ;  but  such  price 
shall  not  be  less,  for  carrying  said  mails  in  the  regular  passenger 
trains,  than  the  amount  which  such  corporation  would  receive  as 
freight  on  a  like  weight  of  merchandise  transported  in  their  mer- 
chandise trains,  and  a  fair  compensation  for  the  post-office  car. 
And  in  case  the  postmaster-general  shall  require  the  mail  to  be 
carried  at  other  hours,  or  at  higher  speed,  than  the  passenger 
trains  be  run  at,  the  corporation  shall  furnish  an  extra  train  for  the 
mail,  and  be  allowed  an  extra  compensation  for  the  expense  and 
wear  and  tear  thereof,  and  for  the  services,  to  be  fixed  as  afore- 
said. 

Sect.  56.  If  any  articles  of  personal  property,  brought  upon 
any  railroad  in  this  State,  and  deposited  in  any  depot  or  ware- 
house of  any  railroad  corporation,  without  any  special  contract 
for  the  keeping  thereof,  shall  not  be  claimed  by  the  owner  or  con- 
signee, within  sixty  days  from  the  time  they  are  so  deposited,  and 


936         GEXERAL  LAWS  CONCERNING  RAILROADS. 

the  legal  charges  thereon  for  freight  remaining  unpaid,  such  cor- 
poration may  cause  such  property,  or  any  portion  thereof,  to  be 
sold  by  the  sheriff  of  the  county  where  the  same  may  be  deposited. 
And  in  the  sale  and  disposition  of  the  avails  of  such  property,  the 
sheriff  shall  be  governed  by  the  provisions  of  the  Act  of  1S43, 
entitled  "An  Act  to  provide  for  the  disposal  of  unclaimed  pro- 
perty, stored  with  wharfingers  and  other  storehouse  keepers," 
approved  October  31st,  1843. 

Sect.  57.  If  any  passenger  shall  refuse  to  pay  his  fare  or  toll, 
or  shall  be  disorderly,  or  drunk,  or  refuse  to  comply  widi  all  the 
reasonable  regulations  of  the  corporation  for  the  government  of  the 
conduct  of  the  passengers,  it  sliall  be  lawful  for  the  conductor  of 
the  train  and  the  servants  of  the  corporation  to  put  him  out  of  the 
cars,  at  any  usual  stopping  place  the  conductor  may  elect. 

Sect.  58.  Every  conductor,  baggage  master,  engineer,  brake- 
man,  or  other  servant  of  any  such  railroad  corporation,  employed 
in  a  passenger  train,  or  at  stations  for  passengers,  shall  wear  upon 
his  hat  or  cap  a  badge,  which  shall  indicate  his  office,  and  the 
initial  letters  of  the  style  of  the  corporation  by  which  he  is  em- 
ployed. No  conductor  or  collector  without  such  badge  sliall  de- 
mand, or  be  entitled  to  receive,  from  any  passenger,  any  fare,  toll, 
or  ticket,  or  exercise  any  of  the  powers  of  his  office,  and  no  other 
of  the  said  officers  or  servants,  without  such  badge,  shall  have 
any  authority  to  meddle  or  interfere  with  any  passenger,  his  bag- 
gage or  property. 

Sect.  59.  In  forming  a  passenger  train,  no  loaded,  and  not  more 
than  two  empty  baggage,  or  freight,  or  merchandise,  or  lumber 
cars,  shall  be  placed  in  rear  of  passenger  cars  ;  and  if  they  or  any 
of  them  shall  be  so  placed,  and  any  accident  shall  happen  to  life 
or  limb,  the  officer  or  agent  who  so  directed,  or  knowingly  suffered 
such  arrangement,  and  the  conductor  and  engineer  of  the  train, 
shall  each  and  all  be  held  guilty  of  intentionally  causing  the  injury, 
and  be  punished  accordingly. 

Sect.  60.  Whenever  any  engineer,  fireman,  or  other  agent  of 
any  railroad  corporation,  shall  be  guilty  of  any  negligence  or  care- 
lessness, whereby  an  injury  is  done  to  any  person  or  corporation, 
he  shall,  upon  conviction,  be  punished  by  imprisonment  in  the 
county  jail  for  a  term  not  exceeding  one  year,  or  by  a  fine  not  ex- 
ceeding one  thousand  dollars  :  Pj'ovided^  that  nothing  contained  in 
this  section  shall  exempt  such  corporation  from  an  action  in  dam- 
ages, to  any  person  or  corporation  sustaining  such  injury. 


VERMONT.  937 

Sect,  61.  When  any  injury  is  done  to  a  building  or  other  pro- 
perty, by  fire  communicated  by  a  locomotive  engine  of  any  rail- 
road corporation,  the  said  corporation  shall  be  responsible  in  dam- 
ages for  such  injury,  unless  they  shall  show  that  they  have  used  all 
due  caution  and  diligence,  and  employed  suitable  expedients  to  pre- 
vent such  injury. 

Sect.  62.  Any  railroad  corporation  shall  have  an  insurable 
interest  in  such  property  as  is  mentioned  in  the  preceding  sectiouj 
along  its  route,  and  may  procure  insurance  thereon,  in  its  own 
name  and  behalf. 

Sect.  63.  Every  railroad  corporation  shall  be  a  body  corporate 
and  politic,  from  the  passing  of  the  Act  of  incorporation,  so  far  as 
to  authorize  such  corporation,  after  its  organization,  to  enforce  the 
payment  of  subscriptions  to  its  capital  stock,  and  the  performance 
of  contracts  in  relation  to  the  conveyance  of  real  estate  for  the 
purposes  of  the  road,  made  with  any  person  for  the  benefit  of  the 
corporation,  although  such  subscriptions  and  contracts  may  have 
been  made  prior  to  such  organization. 

Sect.  64.  No  railroad  corporation,  which  is  authorized  by  its 
charter  to  increase  its  capital  stock,  shall,  hereafter,  issue  shares 
for  a  less  amount,  or  sum,  to  be  actually  paid  in  on  each,  than  the 
par  value  of  the  shares  in  the  original  stock  of  said  corporation, 
unless  all  the  stockholders  in  such  corporation  shall,  in  writing, 
agree  that  such  shares  may  be  issued  for  a  less  sum. 

Sect.  65.  This  Act  shall  be,  at  all  times,  subject  to  alteration, 
amendment,  or  repeal,  by  any  future  legislature,  and  shall  not  take 
effect  till  the  first  day  of  December,  A.  D.  1850. 

Sect.  66.  Nothing  in  this  Act  contained  shall  be  so  construed 
as  to  affect  any  rights  or  liabilities  which  have  already  accrued. 
Approved^  November  13th,  1849. 


INDEX    TO    THE    TITLES 


OF    THE 


EAILEOAD    LAWS   AND    CHAETEES 


OF 


MAINE,  NEW  HAMPSHIRE,  AND  VERMONT. 


VOL.  I. 


INDEX    TO    THE    TITLES 


OF    THE 


EAILiaOAD   CHARTEES   OE  MAINE 


PAGE 

Androscoggin  Railroad  Company, 

Synopsis  of  the      ........  267 

An  Act  to  establish  the  .......  268 

Androscoggin  and  Kennebec  Railroad, 

Synopsis  of  the      ........  184 

An  Act  to  establish  the  Company    .....  186 

An  Act  to  authorize  the,  to  increase  its  capital  stock         .  193 

Atlantic  and  Saint  Lawrence  Railroad  Company, 

Synopsis  of  the      ........  167 

An  Act  to  establish  the  .......  169 

An  Act  in  addition  to  an  Act  to  establish  the   .         .          .  177 
An  Act  to  authorize  the  city  of  Portland  to  aid  the  construction 

of  the 179 

Bangor  and  Oldfoivn  Railroad  Company, 

Synopsis  of  the      ........  10 

An  Act  to  incorporate  the       .         .         .         .         .         .  11 

An  Act  additional  to  an  Act  to  incorporate  the          .         .  14 

Bangor  and  Piscataquis  Canal  and  Railroad  Company, 

Synopsis  of  the      ........  16 

An  Act  to  incorporate  the       ......  17 

An  Act  additional  to  an  Act  to  incorporate  the          .         .  23 

An  Act  additional  to  an  Act  incorporating  the            .         .  24 

An  Act  additional  to  an  Act  to  incorporate  the          .         .  24 

Bangor  and  Orono  Railroad, 

Synopsis  of  the 246 

An  Act  to  establish  the 248 

Baring  and  Bog  Brook  Railway  Company, 

Synopsis  of  the      ........  135 

An  Act  to  incorporate  the 135 

Synopsis  of  the      ........  245 

An  Act  to  incorporate  the       ......  245 

Batli  and  Portland  Railroad  Company, 

Synopsis  of  the      ........  158 

An  Act  to  establish  the  .......  1.59 

An  Act  additional  to  an  Act  to  establish  the     .         .         .  167 

79* 


942 


INDEX. 


PAGE 

46 
47 
54 
55 
55 

257 

258 

35 

36 

226 

227 
234 

3 
4 
6 

7 


Belfast  and  Quebec  Railroad  Corporation., 

Synopsis  of  the      .... 

An  Act  to  establish  the  . 

An  additional  Act  to  establish  the    . 

An  Act  to  extend  the  Company  further  time  to  build  their  road 

An  Act  additional  to  an  Act  to  establish  the 
Belfast  and  Waterville  Railroad  Company., 

Synopsis  of  the 

An  Act  to  establish  the  . 

Brunswick  Railroad  Company., 

Synopsis  of  the 

An  Act  to  incorporate  the 
Buckfield  Branch  Railroad  Company 

Synopsis  of  the 

An  Act  to  establish  the  . 

An  Act  to  increase  the  capital  stock  of  the 

Calais  Railway  Company., 

Synopsis  of  the      ..... 

An  Act  to  incorporate  the 

An  Act  additional  to  an  Act  to  incorporate  the 

An  additional  Act  to  incorporate  the 

An  Act  additional  to  an  Act  to  incorporate  the,  and  to  change 

the  name  thereof 
An  Act   additional    to  an  Act   to  incorporate  the,   and    the 

several  Acts  additional  thereto 

Calais  and  Baring  Railway  Company., 

Synopsis  of  the      ........  131 

An  Act  to  incorporate  the       ......  132 

An  Act  in  addition  to  an  Act  to  incorporate  the        .         .  134 

Franklin  and  Kennebec  Railroad  Company, 

Synopsis  of  the      ........  235 

An  Act  to  establish  the  .......  237 

An  Act  in  addition  to  an  Act  to  establish  the    .          .          .  245 

Frankfort,  Bangor,  and  Belfast  Railroad  Corporation, 

Synopsis  of  the      ........  78 

An  Act  to  establish  the 79 

An  Act  additional  to  an  Act  to  establish  the     ...  85 

Great  Falls  and  South  Berivick  Branch  Railroad  Company, 

Synopsis  of  the      ........  136 

An  Act  to  establish  the 138 

An  Act  to  revive  and  establish  the  .....  145 
An  Act  to  unite  the,  in  Maine  with  the  Great  Falls  and  Con- 
way Railroad  Company  in  New  Hampshire            .          .  145 
An  Act  in  addition  to  an  Act  to  establish  the   .         .         .  146 

Hampden  and  Carmel  Canal  arid  Railroad  Company, 

Synopsis  of  the      ........  75 

An  Act  to  incorporate  the       ......  76 

Hancock  and  Penobscot  Railroad  Company, 

Synopsis  of  the      ........  40 

An  Act  to  incorporate  the       .         .         .         .         •         •  41 


4 


MAINE. 


943 


PAGE 


incorporate  the 


Halloioell  Granite  Railroad  Company^ 

Synopsis  of  the      ..... 

An  Act  to  incorporate  the 
Joneslorough  and  Whitneyville  Railroad  Company., 

Synopsis  of  the      ..... 

An  Act  to  incorporate  the 

An  Act  in  addition  to  an  Act,  entitled  an  Act  to 
Kennebunk  Port  Granite  and  Railroad  Company, 

Synopsis  of  the      ..... 

An  Act  to  incorporate  the       ... 
Kennebec  and  Portland  Railroad  Company^ 

Synopsis  of  the       ..... 

An  Act  to  incorporate  the     '  . 

An  Act  to  extend  the  time  to  locate  and  construct  the 

An  Act  in  addition  to  the  Act  incorporating  the 

An  Act  in  addition  to  the  Act  incorporating  the 

An  Act  to  authorize  the,  to  increase  its  capital 
Kirkland  Canal  and  Railroad  Comjmny.^ 

Synopsis  of  the      ........ 

An  Act  to  incorporate  the       ...... 

Leiciston  arid  Topsham  Railroad  Company., 

Synopsis  of  the      ........ 

An  Act  to  establish  the  ....... 

Maine.,  New  Hampshire,  and  Massachusetts  Railroad  Corporation, 

Synopsis  of  the      ........ 

An  Act  to  establish  the  ....... 

An  Act  additional  to  an  Act  to  establish  the 

An  Act  in  addition  to  an  Act  to  establish  the    . 

An  Act  to  unite  the,  with  the  Boston  and  Maine  Railroad 

An  Act  in  addition  to  an  Act  to  unite  the,  with  the  Boston  and 
IMaine  Railroad  ........ 

Mattanawcook  Railroad  Corporation, 

Synopsis  of  the      ........ 

An  Act  to  incorporate  the       ...... 

Maine  Railroad, 

An  Act  to  unite  the  Boston  and  Maine  Railroad  Extension 
Company  with  the  Boston  and      ..... 
Moose  Head  Lake  Railway  Company, 

Synopsis  of  the      ..... 

An  Act  to  incorporate  the 
Orrington  Canal  and  Railway  Company, 

Synopsis  of  the      ..... 

An  Act  to  incorporate  the 
Palmer  and  Machias  Port  Railroad  Corporation, 

Synopsis  of  the      ..... 

An  Act  to  incorporate  the 

An  Act  to  change  the  name  and  increase  the  capital  stock  of  the  157 
Pacific  Railroad, 

Resolves  relating  to  the  construction  of  a  railroad  from  Lake 
Michigan  to  the  Pacific  Coast 256 


109 
109 

65 
66 
70 

45 
45 

112 
114 
119 
119 
121 
121 

93 

94 

276 

278 

96 

98 

105 

106 

107 

lOS 

86 
87 


108 

234 
234 

30 
30 

155 

155 


944 


INDEX. 


Penohscot  River  Railroad  Corporation, 

Synopsis  of  the      ....... 

An  Act  to  establish  the  ...... 

An  additional  Act  to  establish  the    .... 

An  additional  Act  to  establish  the    .... 

An  additional  Act  to  establish  the    .... 

An  additional  Act  to  establish  the    .... 
Penohscot  and  Kennebec  Railroad  Company, 

Synopsis  of  the      ....... 

An  Act  to  establish  the  ...... 

An  Act  to  establish  the  ...... 

An  Act  to  change  the  name  of  the 
Portland  and  Cape  Elizabeth  Coal  and  Railroad  Company, 

Synopsis  of  the      ....... 

An  Act  to  incorporate  the       ..... 

An  Act  in  addition  to  an  Act  to  incorporate  the 
Portland  Mining  and  Railway  Company, 

Synopsis  of  the      ....... 

An  Act  to  incorporate  the       ..... 

An  Act  additional  to  an  Act  to  incorporate  the 
Portland,  Saco,  aiid  Portsmouth  Railroad  Company, 

Synopsis  of  the      ....... 

An  Act  to  establish  the  ...... 

An  Act  to  extend  the  time  to  locate  and  construct  the 

An  Act  additional  to  an  Act  entitled  an  Act  to  establish  the 

An  Act  authorizing  the,  to  increase  their  capital  stock, 
for  other  purposes       ...... 

Portland  and  Oxford  Railroad  Company, 

Synopsis  of  the 

An  Act  to  establish  the  . 

An  Act  extending  the  time  allowed 
and  complete  said  road 

Readfield,  Winthrop,  and  Cabhossee  Contee  Canal  and  Railroad 

Synopsis  of  the 

An  Act  to  incorporate  the 
Somerset  and  Kennebec  Railroad  Company 

Synopsis  of  the 

An  Act  to  incorporate  the 
South  Thomaston  Railroad  Company, 

Synopsis  of  the 

An  Act  to  incorporate  the 
Union  River  Canal  and  Railway  Company 

Synopsis  of  the 

An  Act  to  incorporate  the 
Union  River  Railroad  Company, 

Synopsis  of  the 

An  Act  to  incorporate  the 
Waterville  and  Fairfield  Railway  Company 

Synopsis  of  the 

An  Act  to  incorporate  the 


the,  to  survey  their  route 

Co., 


and 


PAGE 


56 

58 
63 

64 
65 

194 
196 
204 
212 

25 
26 

28 

28 
28 
29 

122 
123 
130 
130 

131 

147 

148 

155 

71 
71 

285 
286 

266 
266 

33 
33 

213 

213 

38 
38 


MAINE.  945 

PAGE 

York  and  Cumherland  Railroad  CompaJiy, 

Synopsis  of  the 215 

An  Act  to  establish  the  .......  217 

An  Act  in  addition  to  an  Act  to  establish  the   .         .         .  225 


INDEX  TO  THE  TITLES  OF  THE  GENERAL  LAWS  OF  MAINE  RESPECTING 

RAILROAD  CORPORATIONS. 

Synopsis  of  these  Laws  ......         294 

An  Act  concerning  Corporations      .....         298 

An  Act  defining  certain  rights  and  duties  of  Railroad  Corpo- 
rations       .         .         . 300 

An  additional  Act  concerning  Corporations       .         .         .         305 
An  Act  concerning  Railroads  .....         305 

An  Act  relating  to  Railroads  ......         310 

An  Act  providing  for  the  taxing  of  Railroads  and  Railroad 
property  in  this  State  .         .         .         .         .         .         311 

An  Act  providing  for  the  taxing  of  Railroads  and  Railroad 
property  in  this  State  ......         312 

An  Act  for  the  prevention  and  punishment  of  the  wilful  and 
malicious  obstruction  of  Railroads        ....         313 

An  Act  additional  respecting  Corporations        .         .         .         314 
An  Act  relating  to  Corporations       .....         314 

An  Act  concerning  Corporations      .....         316 

An  Act  relating  to  the  returns  of  Railroad  Corporations    .         317 


INDEX    TO    THE    TITLES 


OF   THE 


EAILEOAD  CHARTEES  OF  NEW  HAMPSHIEE. 


PAGE 


Atlantic  and  Saint  Lawrence  Railroad  Company.^ 

Synopsis  of  the       ........         531 

An  Act  constituting  the,  a  corporation  within  this  State     .         531 

Ashuelot  Railroad  Company, 

Synopsis  of  the      ........         442 

An  Act  to  incorporate  the       ......         444 

An  Act  to  incorporate  the       ......         450 

An  Act  to  alter  and  amend  the  charters  of  certain  corpora- 
tions therein  named    .......         454 

An  Act  in  addition  to  and  in  amendment  of  an  Act  entitled 
an  Act  to  incorporate  the    ......         455 

Boston  and  Maine  Railroad, 

Synopsis  of  the       ........         339 

An  Act  to  incorporate  the       .         .         .         .         .         .         341 

An  Act  in  addition  to  an  Act  entitled  an  Act  to  incorporate 

the 347 

An  Act  to  unite  certain  railroad  corporations  with  the        .         348 
An  Act  to  unite  the  Boston  and  Maine  Railroad  Extension 

Company  with  the       .......         349 

Cheshire  Railroad  Company, 

Synopsis  of  the       ........         434 

An  Act  to  incorporate  the       ^         .         .         .         .         .         436 

An  Act  in  addition  to  and  in  amendment  of  an  Act  to  incor- 
porate the,  passed  December  27,  1844  .         .         .         440 
An  Act  in  addition  to  an  Act  entitled  an  Act  to  incorporate 
the,  passed  December  27,  1844  .....         442 

Boston,  Concord,  and  Montreal  Railroad, 

Synopsis  of  the       ........         427 

An  Act  to  incorporate  the        ......         428 

Resolve  concerning  the  .......         434 

An  Act  to  establish  the  place  for  filling  the  list  of  stockholders 
of  the 434 

Colehrook  Railroad  Company, 

Synopsis  of  the       ........         421 

An  Act  to  incorporate  the       ......         422 


NEW  HAMPSHIRE. 


947 


Concord  Railroad  Corporation, 

Synopsis  of  the       ....... 

An  Act  to  incorporate  the       ..... 

An  Act  in  addition  to,  and  in  amendment  of,  an  Act  to  mcor- 
porate  the,  passed  June  27,  1835  .... 

An  Act  in  addition  to  and  explanatory  of  an  Act  relating  to 

railroad  and  other  corporations,  passed  June  20,  1840 
An  Act  in  amendment  of  the  charter  of  the 

Concord  and  Claremont  Railroad, 
Synopsis  of  the       . 
An  Act  to  incorporate  the 

Concord  Granite  and  Railway  Company, 
Synopsis  of  the 
An  Act  to  incorporate  the 

Cocheco  Railroad  Company, 
Synopsis  of  the 
An  Act  to  incorporate  the 

Connecticut  River  and  Montreal  Railroad  Company, 
Synopsis  of  the 
An  Act  to  incorporate  the 

Connecticut  River  Railroad  Company, 
Synopsis  of  the 
An  Act  to  incorporate  the 
An  Act  in  amendment  of  an  Act 

incorporate  the  . 
An  Act  in  addition  to  an  Act  passed  June  20,  1848,  to  incor 
porate  the  ... 

Conway  and  Meredith  Railroad  Company 
Synopsis  of  the 
An  Act  to  incorporate  the 

Contoocook  Valley  Railroad, 
Synopsis  of  the 
An  Act  to  incorporate  the 

Dover  and  Winnipiseogee  Railroad, 

Synopsis  of  the 374 

An  Act  to  incorporate  the 375 

Eastern  Railroad  in  New  Hampshire, 

Synopsis  of  the 359 

An  Act  to  incorporate  the       .         .         .         .         .         .         361 

An  Act  in  addition  to  an  Act  entitled  an  Act  to  incorporate 

the 368 

An  Act  in  addition  to  an  Act  entitled  an  Act  in  addition  to 

an  Act  to  incorporate  the    ......         368 

An  Act  in  addition  to  the  several  Acts  incorporating  the  .         370 

Essex  Extension  Railroad  Company, 

Synopsis  of  the      ........         563 

An  Act  to  incorporate  the 564 


passed  June  20,  1848 


to 


PAGE 

321 
323 

330 

330 
331 

534 
535 

372 
372 

509 
510 

567 
568 

545 
546 

550 

551 

527 
527 

539 
540 


948  INDEX. 

PAGE 

East  Wilton  and  Groton  Railroad  Company^ 

Synopsis  of  the       .....         ^         .         .  477 

An  Act  to  incorporate  the       ......  478 

Fitchburg,  Keene,  and  Connecticut  River  Railroad  Company^ 

Synopsis  of  the       ........  400 

An  Act  to  incorporate  the       .         .         .         .         .         .  401 

Franklin  and  Bristol  Railroad, 

Synopsis  of  the       ........  495 

An  Act  to  incorporate  the       ......  496 

An  Act  to  unite  the,  with  the  Northern  Railroad       .         .  501 

Grafton  Railroad, 

Synopsis  of  the 519 

An  Act  to  incorporate  the       .         .         .         .         .         .  521 

Great  Falls  and  South  Berwick  Branch  Railroad, 

Synopsis  of  the       ........         388 

An  Act  to  enable  the,  to  cross  Salmon  Falls'  River  and  to 
connect  with  any  other  railroad  in  the  town  of  Somers- 
worth 388 

Great  Falls  and  Conway  Railroad, 

Synopsis  of  the       .....;..         406 

An  Act  to  incorporate  the  proprietors  of  the     .         .         .         408 
An  Act  in  amendment  of  the  Act  of  incorporation  of  the  .         413 
An  Act  in  amendment  of  an  Act  entitled  an  Act  to  incorpo- 
rate the  proprietors  of  the    .         .         .         .         .         .         413 

An  Act  in  addition  to  an  Act  entitled  an  Act  to  incorporate 
the  proprietors  of  the  .......         414 

An  Act  in  amendment  of  an  Act  entitled  an  Act  to  incorpo- 
rate the  proprietors  of  the   .         .         .         .         .         .         415 

Groton  and  Nashia  Railroad  Corporation, 

Synopsis  of  the 416 

An  Act  to  incorporate  the       ......         417 

An  Act  to  unite  the  Worcester  and  Nashua  Railroad  Com- 
pany and  the 420 

Goffstown  and  Manchester  Railroad  Company, 

Synopsis  of  the      ........  514 

An  Act  to  incorporate  the       .         .         .         .         .         .  515 

Keene  Railroad  Cotupany, 

Synopsis  of  the 331 

An  Act  to  incorporate  the 332 

Manchester  aud  Candia  Railroad, 

Synopsis  of  the 592 

An  Act  to  incorporate  the 593 

Manchester  and  Lawrence  Railroad, 

Synopsis  of  the 504 

An  Act  to  incorporate  the 505 

Monadnock  Railroad  Company, 

Synopsis  of  the 583 

An  Act  to  incorporate  the 584 


I 


NEW    HAMPSHIRE.  949 


573 

350 
352 

and  New 

357 

551 
552 


PAGE 

Nashua  and  Epping  Railroad  Company, 

Synopsis  of  the      ........  573 

An  Act  to  incorporate  the       .... 

Nashua  and  Lowell  Railroad  Corporation, 

Synopsis  of  the       ...... 

An  Act  to  incorporate  the       .... 

An  Act  to  unite  the  corporations  of  Massachusetts 
Hampshire  and  for  other  purposes 

New  Hampshire  Central  Railroad, 

Synopsis  of  the       ...... 

An  Act  to  incorporate  the        .... 

An  Act  in  addition  to,  and  in  amendment  of,  an  Act  entitled 
an  Act  to  incorporate  the,  approved  June  24,  1848        .         558 

Northern  Railroad  Company, 

Synopsis  of  the      ........  389 

An  Act  to  incorporate  the       .         .         .         .         .         .  891 

An  Act  to  incorporate  the       ......  396 

Peterborough  and  Shirley  Railroad  Company, 

Synopsis  of  the      ........         486 

An  Act  to  incorporate  the       ......         487 

Piscataquog  River  Railroad, 

Synopsis  of  the    '  .         .         .         .         .         .         .         .  558 

An  Act  to  incorporate  the       ......  559 

Portland  and  Connecticut  River  Railroad  Company, 

Synopsis  of  the      ........  382 

An  Act  to  incorporate  the       ......  383 

Portsmoiith  and  Dover  Railroad, 

Synopsis  of  the      ........         608 

An  Act  to  incorporate  the  proprietors  of  the    .         .         .         609 
An  Act  to  extend  an  Act  to  incorporate  the  proprietors  of 

the    ..........         614 

An  Act  to  amend  and  continue  the  Acts  to  incorporate  the 

proprietors  of  the         .......         615 

Portsmouth,  New  Market,  and  Concord  Railroad  Corporation, 

Synopsis  of  the      .         .         .         .         .         .         .         .         461 

An  Act  to  incorporate  the       ......         463 

Resolve  authorizing  other  railroad  corporations  to  suhscribe  to 
the    .         .         .         .         .         .         .         .         .         .         469 

An  Act  in  addition  to  the  Acts  incorporating  the       .         .         469 
An  Act  in  addition  to  the  Acts  incorporating  the       .         .         469 
An  Act  in  addition  to  an  Act  authorizing  railroad  corpora- 
tions to  subscribe  for  stock  in  the  ....         470 

Portsmouth,  New  Market,  and  Exeter  Railroad  Company, 

Synopsis  of  the       ........         470 

An  Act  to  incorporate  the       ......         472 

Salisbury  and  East  Kingston  Railroad  Company, 

Synopsis  of  the       .         .         .         .         .         .         .         •         501 

An  Act  to  establish  the 502 

An  Act  to  extend  the  Act  to  establish  the         .         .         .         503 

80 


950 


INDEX. 


Salishury  and  East  Kingston  Extension  Railroad^ 
Synopsis  of  the 
An  Act  to  incorporate  the 

Suncook  Valley  Railroad, 
Synopsis  of  the 
An  Act  to  incorporate  the 

Suncook  Valley  Extension  Railroad, 
Synopsis  of  the 
An  Act  to  incorporate  the 

Souhegan  Railroad  Company, 
Synopsis  of  the 
An  Act  to  incorporate  the 

Sullivan  Railroad  Company, 
Synopsis  of  the 
An  Act  to  incorporate  the 
An  Act  in  addition  to  an  Act, 
the    .... 

Wilton  Railroad  Company, 
Synopsis  of  the 
An  Act  to  incorporate  the 
An  Act  in  addition  to,  and  in 
an  Act  to  incorporate  the 

White  Mountains''  Railroad, 
Synopsis  of  the 
An  Act  to  incorporate  the 


entitled  an  Act 


amendment  of, 


to  incorporate 


an  Act  entitled 


PAGE 

603 
604 

588 
589 

598 
599 

483 

484 

489 

490 

495 

456 

457 

461 

578 
578 


NDEX  TO  THE  TITLES  OF  THE  GENERAL  LAWS  OF  NEW  HAMPSHIRE 
RESPECTING  RAILROAD  CORPORATIONS. 


Synopsis  of  these  Laws  ...... 

An  Act  to  provide  a  more  cheap  and  expeditious  mode  of 

assessing  damages  for  land  or  materials  taken  by  Railroad 

Corporations       ........ 

An  Act  providing  for  the  assessment  of  damages  for  land 

taken  for  Railroad  Corporations   ..... 
An  Act  relating  to  Railroad  and  other  Corporations  . 
An  Act  to  render  Railroad  Corporations  liable  for  damages 

by  fire  or  steam  ....... 

An  Act  in  addition  to  an  Act  explanatory  of  an  Act  relating 

to  Railroad  and  other  Corporations,  passed  June  20,  1840 
An  Act  relating  to  Railroad  Corporations 
An  Act  relating  to  Railroads  ...... 

An  Act  relating  to  Railroads  ...... 

Provisions  of  Chapter  39  of  the  Revised  Statutes  concerning 

Railroad  Corporations  ...... 

Provisions  of  Chapter  142  of  the  Revised  Statutes  concerning 

Railroad  Corporations  ...... 


617 


625 

626 
630 

631 

632 
632 
633 
634 

635 

636 


NEW   HAMPSHIRE.  951 

PAGE 

Provisions  of  Chapter  146  of  the  Revised  Statutes  respecting 
Railroad  Corporations  ......         637 

Provisions  of  Chapter  183  of  the  Revised  Statutes  concerning 
Raih'oad  Corporations  ......         642 

Provisions  of  Chapter  215  of  the  Revised  Statutes  in  relation 
to  Railroad  Corporations      ......         642 

An  Act  in  addition  to  and  in  amendment  of  the  Revised 
Statutes  of  the  State  of  New  Hampshire      .         .         .         643 

An  Act  to  render  Railroad  Corporations  public  in  certain 
cases,  and  constituting  a  Board  of  Railroad  Commissioners   643 

An  Act  in  amendment  of  Chapter  39  of  the  Revised  Statutes   650 

An  Act  in  addition  to,  and  explanatory  of  an  Act  entitled  an 
Act  to  render  Railroad  Corporations  public  in  certain  cases, 
and  establishing  a  Board  of  Railroad  Commissioners     .         650 

An  Act  in  amendment  of  the  laws  relating  to  Corporations        652 

An  Act  allowing  any  number  of  shares  in  the  capital  stock  of 
any  Corporation  to  be  vested  in  one  certificate      .         .         655 

An  Act  in  amendment  of  Chapter  142  of  the  Revised  Statutes  655 

An  Act  in  addition  to  an  Act  passed  December  25,  1844, 
entitled  an  Act  to  render  Railroad  Corporations  public  in 
certain  cases,  and  constituting  a  Board  of  Railroad  Com- 
missioners ........         657 

An  Act  to  amend  an  Act  entitled  an  Act  to  render  Railroad 
Corporations  public  in  certain  cases,  and  constituting  a 
Board  of  Railroad  Commissioners         ....         658 

An  Act  in  addition  to,  and  in  amendment  of,  the  Laws  of  this 
State  relating  to  Corporations      .....         659 

An  Act  to  amend  the  Act  passed  25th  December,  1844, 
rendering  Railroad  Corporations  public  in  certain  cases, 
and  constituting  a  Board  of  Railroad  Commissioners      .         660 

An  Act  to  amend  section  3,  of  Chapter  128  of  the  Pamphlet 
Laws  of  this  State 660 

An  Act  to  repeal  the  2d  Section  of  Chapter  34  of  the  Pam- 
phlet Laws,  relating  to  the  distribution  of  Railroad  taxes        661 

An  Act  relating  to  Railroad  and  other  Corporations  .  661 

An  Act  to  alter  and  amend  the  charters  of  certain  Corpora- 
tions therein  named    .......         454 

Resolve  concerning  Railroad  and  Manufacturing  Corporations 
in  New  Hampshire      .......         434 

Resolve  relating  to  Railroad  Corporations  in  New  Hampshire    469 


INDEX  TO   THE  TITLES 


OF    THE 


EAILEOAD  CIIAHTEllS  OE  VEEMONT. 


Atlantic  and  Saint  Later ence  Railroad  Company^ 
Synopsis  of  the 


An  Act  constituting  the,  a  corporation  w 

Asculney  Railroad  Company. 

Synopsis  of  the       .... 
An  Act  to  incorporate  the 

Bennington  and  Brattleboro''  Railroad^ 

Synopsis  of  the      .... 
An  Act  to  incorporate  the 

Bennington  and  Brattleboro''  Railroad  Company, 
Synopsis  of  the 
An  Act  to  incorporate  the 
An  Act  to  revive  an  Act  entitled  an  Act 

passed  November  10,  1835 
An  Act  in  relation  to  the 

Brattleboro^  and  Fitcliburg  Railroad  Company, 

Synopsis  of  the 

An  Act  to  incorporate  the 

An  Act  to  amend  an  Act  to  incorporate  the 

An  Act  to  amend  the  Act  to  incorporate  the 
Black  River  Railroad  Company. 

Synopsis  of  the       ..... 

An  Act  to  incorporate  the 

Champlain  and  Connecticut  River  Railroad  Company 
Synopsis  of  the 
An  Act  to  incorporate  the 
An  Act  in  addition  to  an  Act  incorporating  the 

vember  1,  1844 
An  Act  to  amend  an  Act  to  incorporate  the 


thin  this  State 


to  incorporate 


,  approved 


An  Act  in  addition  to,  and  in  amendment  of,  an  Act  entitled 

an  Act  to  incorporate  the     . 
An  Act  in  addition  to  an  Act  incorporating  the  Rutland  and 

Burlington  Railroad  Company 


the. 


No- 


PAGE 

888 
889 

901 

902 

685 
686 

722 
723 

782 
733 

798 
800 
806 
806 

836 
839 

784 
787 

793 

795 

796 
797 


I 


VERMONT. 


953 


PAGE 

Connecticut  and  Passumpsic  Rivers  Railroad  Company, 

Synopsis  of  the      .         .         .         .         .         .         .         .         "753 

An  Act  to  incorporate  the       ......         755 

An  Act  to  revive  an  Act  entitled  an  Act  to  incorporate  the, 

passed  November  10,  1835 763 

An  Act  in  addition  to  an  Act  to  incorporate  the,  passed  No- 
vember 10,  1835        .......         764 

An  Act  in  addition  to  an  Act  to  incorporate  the        .         .         767 
An  Act  in  addition  to  the  Acts  incorporating  the  Connecticut 
River  and  the  Brattleboro'  and  Fitchburgh  Railroad  Com- 
panies         767 

Danville  and  Passumpsic  Railroad  Company^ 

Synopsis  of  the      ........         873 

An  Act  to  incorporate  the       ......         874 

Lake  Champlain  and  Otter  Creek  Railroad  Company^ 

Synopsis  of  the      ........         777 

An  Act  to  incorporate  the       ......         778 

lidke  Michigan  to  the  Pacific  Ocean^ 

Resolutions  relative  to  the  project  for  a  railroad  from         .         829 

Montpelier  and  Connecticut  River  Railroad  Coinpany, 

Synopsis  of  the 892 

An  Act  to  incorporate  the       ......         894 

Norwich  and  Hartford  Forwarding  Railroad  Company^ 

Synopsis  of  the      ........         769 

An  Act  to  incorporate  the       ......         770 

Portland  and  Connecticut  River  Railroad  Company^ 

Synopsis  of  the 734 

An  Act  to  incorporate  the       ......         735 

Rutland  and  Whitehall  Railroad  Company^ 

Synopsis  of  the      ........         665 

An  Act  to  incorporate  the       ......         668 

An  Act  in  addition  to  an  Act  to  incorporate  the        .         .         675 
An  Act  extending  the  provisions  of  an  Act  entitled  an  Act  to 
incorporate  the  ........         675 

An  Act  extending  the  provisions  of  an  Act  entitled  an  Act  to 
incorporate  the  .......         675 

An  Act  reviving  an  Act  entitled  an  Act  to  incorporate  the         676 
An  Act  to  incorporate  the       ......         676 

Rutland  and  Washington  Railroad  Company, 

Synopsis  of  the      ........         844 

An  Act  to  incorporate  the       ......         845 

An  Act  in  addition  to  an  Act  incorporating  the  .         .         853 

Southern  Vermont  Railroad  Company, 

Synopsis  of  the 862 

An  Act  to  incorporate  the 864 

An  Act  to  extend  the  charter  of  the         .         .         .         .         872 

Union  Railroad  Company, 

Synopsis  of  the 854 

An  Act  to  incorporale  the      ...        *        .        .        855 


954 


INDEX. 


Vergennes  and  Bristol  Railroad  Company, 

Synopsis  of  the       ...... 

An  Act  to  incorporate  the       .... 

Vermont  and  Canada  Railroad  Company, 

Synopsis  of  the       ...... 

An  Act  to  incorporate  the       .... 

An  Act  in  amendment  of  the  Act  incorporating  the 

Vermont  Central  Railroad  Company, 

Synopsis  of  the      .... 
An  Act  to  incorporate  the 
An  Act  to  incorporate  the 

Vermont  Railroad  Company, 

Synopsis  of  the       .... 

An  Act  to  incorporate  the 

An  act  in  addition  to,  and  extending  the 

entitled  an  Act  to  incorporate  the, 

1832  ..... 

Vermont  Valley  Railroad  Company, 

Synopsis  of  the      .... 

An  Act  to  incorporate  the 

An  Act  to  amend  an  Act  to  incorporate  the,  approved 
vember  8,  1848 
Western  Vermont  Railroad  Company, 

Synopsis  of  the       .... 

An  Act  to  incorporate  the 

An  Act  to  extend  the  charter  of  the 

Woodstock  Railroad  Company, 

Synopsis  of  the       .... 
An  Act  to  incorporate  the 


operation  of,  an  Act 
assed  November  8, 


PAGE 

744 
745 

808 
809 
816 

703 
705 
714 

692 
693 


No- 


702 

879 

881 

887 

817 
818 
828 

829 
830 


INDEX    TO    THE    TITLES  OF  THE    GENERAL    LAWS    OF   VERMONT 
RESPECTING    RAILROAD    CORPORATIONS. 


Synopsis  of  the  Laws      ....... 

Provisions  of  the  Revised  Statutes,  chapter  79,  concerning 
Private  Corporations  ....... 

An  Act  in  relation  to  Railroads       ..... 

An  Act  in  relation  to  Railroads       ..... 

An  Act  for  the  prosecution  and  punishment  of  the  wilful  and 
malicious  obstruction  of  Railroads    . 

Resolutions  authorizing  the  Governor  to  appoint  Commis- 
sioners to  digest  and  prepare  a  General  Law  relating  to 
Railroad  Corporations  ...... 

An  Act  concerning  Railroad  Corporations 

An  Act  in  relation  to  Railroad  Corporations     . 


909 

914 
916 
918 

919 


920 
920 
921 


UNIVERSITY  OP  ILLINOIS-URBANA 


3  0112  066562577 


